Delhi HC notes if making nikahnama amounts to Muslim marriage in plea of Hindu woman’s father

The Delhi High Court has observed whether mere preparation of a Nikahnama would tantamount to a Muslim marriage while hearing a habeas corpus petition filed by a Hindu man for the production of his daughter who had eloped with a Muslim man. 

The woman, Preeti, was found and placed in Nari Niketan and was produced before the Delhi High Court through video conferencing. During the hearing on Monday, she told the court that she had left her home with one Syed Mustafa of her own free will. She stated that she went to an advocate along with him and paid Rs 10,000 to prepare a Nikahnama after calling Qazi. She has not stated whether she was converted to Islam. 

On this, the two-judge bench of Justices Vipin Sanghi and Rajnish Bhatnagar remarked, “It would remain to be seen whether mere preparation of a Nikahnama, in these circumstances, would tantamount to a Muslim marriage.”

She stated further that she is ready and willing to return to her parental home with her parents. Her parents assured the court that they would not scold or taunt her for whatever has transpired. They have also ensured the court that they will not force Preeti to marry any other person whom she would not like to marry otherwise. 

Following which, the court allowed Preeti’s father to take her home from Nari Niketan. The court has also directed to provide number of beat constable to Preeti and has directed a woman police constable to visit her home on alternate days to check on her well-being for the next two weeks. 

Preeti stated that she has completed her B.Tech from Guru Gobind Singh Indraprastha University this year and she wanted to prepare for competitive examinations, however, the atmosphere at her residence was not conducive since there were bickering in the family. That is why she had left the home of her own free will with Syed Mustafa. 
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