A woman from Chhattisgarh on Monday chose to go with her parents leaving behind her husband who was a Muslim but had converted to Hinduism to marry her. Before converting to Hinduism, Aryan Arya was Muslim, Mohd Ibrahim Sidhiqui. He had converted to Hinduism on February 23, 2018, at Raipur.
The woman, Anjali Jain, who appeared before the bench of Chief Justice Dipak Misra and Justices A.M. Khanwilkar and DY Chandrachud, said that she wanted to stay with her parents. Noting her wish and also that she was a major, the court permitted her to go with her parents.
In the last hearing of the matter, the top court had asked the Dhamtari district Superintendent of Police to present Anjali Jain before the court. Mohd Ibrahim Sidhiqui alias Aryan Arya had moved the top court against the Chhattisgarh High Court order giving her the option to either live her parents or be accommodated in a hostel.
The High Court order came even as it noted that Anjali Jain was a major (23 years), and by her own admission was married. The order came on a habeas corpus petition by Sidhiqui and after the Anjali Jain told the court that she had married him at an Arya Samaj Temple at Raipur on February 25, 2018, as per Hindu rites and traditions.
Sidhiqui had contended in his petition before the High Court that State police was not acting on his complaint. Anjali after marrying Aryan Arya had returned to her parents' home with a hope that she would disclose her marriage in due course of time. However, her parents came to know about the marriage. Anjali left her parents' home, without informing them, on the night of June 30.
But she was found by police even before she could have met her husband. The police took her to a police station and then to Sakhi Center for women set up by the government.
It has been contended that even though Anjali clearly wished to go with her husband, the local police incorrectly recorded her statement and handed over her custody to her father Ashok Jain.