The Allahabad High Court dismissed a writ petition seeking police protection filed by a married couple. The petitioner in her plea alleged that she was illegally detained and demanded the High Court to ban the family members from interfering in their peaceful marital life. She stated that she wanted to stay with her husband and that she was free to do so.
However , the bench comprising of Justice Mahesh Tripathi noted that the woman was Muslim by birth and converted to Hinduism a month before she got married and thereby refused the petition saying that ‘the court is not inclined to interfere in the matter under Article 226 of Constitution of India.’
The court further observed that, “it was disconcerting that one party should change his / her faith to the other's just for the sake of matrimony and nothing more. If two persons professing different religion wish to marry, they can do so under Special Marriage Act, which is one of the earliest endeavours towards a uniform Civil Code.”