The Bombay High Court Mumbai bench comprising Justice Bharati Dangre and Justice Manjusha Deshpande is anticipated to hear the Habeas Corpus Writ Petition, wherein a Muslim man has filed the petition to secure the release of his Hindu partner from a shelter home in Mumbai. 

The woman was reportedly detained based on police orders following complaints from her parents and other individuals. The man's petition claims that her detention is illegal and infringes on her fundamental rights, asserting that she left her parental home voluntarily to live with him in a consensual relationship. The court is expected to consider the habeas corpus plea soon.

The Advocate for Petitioner stated that the woman left her parental home voluntarily and was living with the man in a mutually agreed live-in relationship for several months. A notarised affidavit has been attached to the petition dated November 16, confirming that she was living with the man as husband and wife for several months "of their own free will and without any coercion, undue influence, or pressure." 

For record of the court, a self-recorded video of the woman is also placed. In the video, the woman is seen declaring that she had chosen to marry the man and convert herself to Islam "of her own free will, without any coercion or undue influence."

The petition argues that the detention of the woman at the Shaskriya Stree Bhishekari Khikar Kendra (Government Women’s Hostel) in Chembur is unlawful and infringes her fundamental rights. The woman has reportedly been detained at the shelter home based on the police directives after the complaints lodged by her parents and other individuals.

"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 stated.

The petition stated that her confinement was unjustified as there was no crime or she is accused of any offence.

"The act of placing detenur in the Shaskriya Stree Bhishekari Khikar Kendra a Government Women Center (Hostel), Chembur, Mumbai despite her clear and repeated expressions of her free will and autonomy amounts to a violation of her right to life and liberty under Article 21 of the Constitution of India," it contends.

The petition stated "The failure of the police to consider the detenue's letter and affidavit and their arbitrary act of detaining her at the Shaskriya Stree Bhishekari Khikar Kendra a Government Women Center (Hostel), Chembur, Mumbai, amounts to abuse of power and malafide action,".

The matter is further listed for hearing on 3rd December 2024.

 Case Details: Naushad Mehboob Jamadhar v. The State Of Maharashtra And Ors, WPST/24433/2024 

Advocates for Petitioners: Adv. Abid Abbas Sayyed and Adv. Asif Shaikh