Calcutta High Court says: Adult woman can marry of choice, convert

KOLKATA: The division bench of Sanjib Banerjee and Arijit Banerjee, JJ of Calcutta High Court, observed that an adult woman is free to marry the person of her choice.

In the instant matter, it was traced out that the girl’s age was 19 years old and she married a person of her choice and doesn’t want to return to her parental home. Upon the petitioning father complaining that his daughter’s statement under Section 164 of the CrPC may not have been recorded in an atmosphere where she felt comfortable, the 19-year-old girl was required to meet the senior-most Additional District Judge and for sufficient care to be taken so that she was not under any coercion or undue influence.

Despite a clear and clean report, father harboured some suspicion. On an FIR filed by the father, the police had produced the woman before a judicial magistrate, before whom she made a statement that she had married of her own will.

"If an adult marries as per her choice and decides to convert and not return to her paternal house, there can be no interference in the matter," division bench observed.

Upon the father's complaint, the high court had directed that the woman would meet the senior-most additional district judge in Tehatta and that sufficient care was to be taken so that she was not under any coercion or undue influence.

The bench noted that despite a clear and clean report being furnished by the additional district judge, the father harbours some suspicion. Susmita Saha Dutta, the lawyer representing the father, claimed before the division bench that the husband was present within the court premises at Tehatta in Nadia district when the woman appeared before the judge. The bench directed that to allay the father’s suspicion, the woman will meet additional public prosecutor Saibal Bapuli in his chamber in Kolkata on December 23.