Court Directs Return of Wife's Belongings and Ensures Safety Measures Following Communal Tensions
In a significant ruling, the Calcutta High Court, operating through its Circuit Bench at Jalpaiguri, has directed police protection for an inter-faith couple, Md. Kamrul Hassan and Smt. Kiran Kumari Swarnakar, amidst allegations of unlawful detention and communal tensions. The court's decision came in response to a Habeas Corpus petition filed by Mr. Hassan, who alleged that his wife was being unlawfully detained by her paternal family following their inter-faith marriage.
The case, heard by Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya, highlighted the communal undercurrents in the dispute and emphasized the need for police vigilance to ensure the couple's safety. The court interviewed Mrs. Swarnakar, who expressed her desire to return to her husband, dismissing claims of unlawful detention as she was residing at her parental home by choice. However, given the sensitive nature of the allegations, the court ordered that police officers escort the couple back to their matrimonial home and provide necessary protection.
Additionally, the court directed the return of Mrs. Swarnakar's personal belongings, including her mobile phone and documents, which were retained by her paternal family. The family has been given a 24-hour deadline to comply, failing which contempt proceedings could be initiated.
The court refrained from commenting on the police complaint filed by Mr. Hassan regarding threats from Mrs. Swarnakar's family, allowing the investigation to proceed as per law. Nonetheless, the court underscored the importance of addressing the communal undertones in the case by ensuring adequate police protection.
The judgment reflects the court's commitment to upholding the rights of individuals in inter-faith marriages while recognizing the complexities arising from communal tensions. It serves as a reminder of the judiciary's role in safeguarding personal liberties against societal prejudices.
Bottom Line:
Habeas Corpus petition involving inter-faith marriage and allegations of unlawful detention of the wife by her paternal family - Court directed police protection to the couple to ensure peaceful matrimonial life.
Statutory provision(s): Article 226 of the Constitution of India
