A Muslim man has moved the Bombay High Court seeking immediate release of his partner, a Hindu woman, from a protection home in Mumbai. .A bench of Justice Bharati Dangre and Justice Manjusha Deshpande is expected to hear the habeas corpus plea in due course.Besides seeking her release, the plea has also sought "adequate police protection" for the couple to ensure their safety against any threats or interference..The plea argues that the detention of the Muslim's man partner at the Shaskriya Stree Bhishekari Khikar Kendra (Government Women’s Hostel) in Chembur, is unlawful and violation of her fundamental rights.The woman has been kept at the shelter home allegedly on instructions of the police following complaints by her parents and various third parties."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 plea argues..The petition filed through advocates Abid Abbas Sayyed and Asif Shaikh, states that the woman had left her parental home voluntarily and was living with the man in a consensual live-in relationship for several months.Her decision to live with him was an informed and deliberate choice, made without any coercion, undue influence or external pressure, it adds.The petition has attached a notarized affidavit dated November 16, showing the woman affirming that she has been living with the man as husband and wife for several months "of their own free will and without any coercion, undue influence, or pressure.".The petition states that since the woman has not committed any crime or is accused of any offence, her confinement is not justified."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 man has also accused the police of ignoring the woman’s categoric statements about her consensual live-in relationship with him."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 plea states..A self-recorded video of the woman has also been place on record before the Court. In the video, the woman is seen declaring that she chose to marry the man and convert to Islam "of her own free will, without any coercion or undue influence."
