The Bombay High Court on Tuesday directed that a Hindu woman, currently housed at a government-run women’s shelter in Chembur, be produced before the court on December 9 after her Muslim partner filed a Habeas Corpus petition..The Court also directed the petitioner-man to be present on the same date before the Court. The man moved the Court seeking the woman's immediate release, arguing that her detention was unlawful and in violation of her fundamental rights.A Bench of Justice Bharati Dangre and Justice Manjusha Deshpande also directed the police not to arrest the man in an extortion case filed by the woman's parents."Don't arrest him till Monday. We want to see what is what," the bench remarked. The anticipatory bail petition filed by the man in connection with the extortion case is scheduled to be heard on December 5 by the Sessions Court..The woman was lodged at the government shelter following complaints by her parents and several third parties, including members of the Bajrang Dal and other groups, who raised concerns over her relationship with the Muslim man. Acting on these complaints, the police intervened and allegedly placed the woman at the Shaskriya Stree Bhishekari Khikar Kendra (Government Women’s Hostel) in Chembur. The petitioner then approached the Court, arguing that this was done despite the woman’s repeated assertions that she was living with the man voluntarily in a consensual live-in relationship. Her decision to live with him was an informed and deliberate choice made without any coercion, undue influence or external pressure, the petition filed by the man said..The plea further said that the woman had made a notarized affidavit affirming that her choice to live with the man and her decision to convert to Islam was of her own free will, without any coercion or undue influence.The petitioner-partner accused the police of ignoring the woman’s statements and unlawfully detaining her, calling it a violation of her right to life and liberty under Article 21 of the Constitution. "The interference by the detenue’s parents and third parties, including members of Religious, Political Social Workers, Bajrang Dal and etc., amounts to moral policing and unconstitutional interference with the detenue's personal liberty, which has been categorically disapproved by the judiciary in various precedents," the petition asserted.Advocate Lokesh Zade with advocates Asif Latif Shaikh and Abid Abbas Sayyed appeared for the petitioner.Additional Public Prosecutor Sharmila Kaushik appeared for the State.Advocates Rajesh Shirke and Anjali Joshi appeared for the woman's family.
