Gujarat HC Asks State to Explain its Objections in Interfaith Marriage Case

The petitioner believes that certain religio-political groups intervened in the matter and communalized the issue.

In the Gujarat State's first love jihad case, the HC asks the State to submit why it opposes quashing of the FIR.

(Illustration: Arnica Kala/The Quint)

The Gujarat High Court has asked the state government to submit an affidavit explaining what its objections are in an interfaith marriage case, The Hindu reported.

The Gujarat High Court asked the state government to submit their affidavit to the petitioners plea no later than 20 September.

The police have lodged an FIR, booking the husband, the in-laws and the priests for carrying out the marriage.

The petitioner claims that the FIR contains false claims and it was a "trivial matter" for which she filed the complaint. She expressed her shock at the rape charges filed against her husband.

The high court's order on 8 September came after the victim filed a petition and presented her disapproval of the FIR filed by the police and the rape and sodomy charges against her husband and in-laws.

Four persons of the seven accused are in custody following the woman's visit to the Gotri police station in Vadodara.

What Did the Woman Say?

She stated in her submission that she went to the police station to report "certain petty and trivial issue due to her matrimonial discord" and certain parties intervened and turned it into a 'love jihad' case. She clarified that facts were incorrectly presented and the charges were false, the Times of India reported.

She has also denied the charge of forceful conversion.

In the court hearing, she maintained that she filed the petition by her own free will and would like to stay with her husband as a "married couple".

"Certain religio-political groups intervened in the matter and communalized the issue by bringing in the angle of Love Jihad. Also, on account of the overzealousness of the police officers involved, facts and offences which were never mentioned or alleged by the informant came to be inserted in the FIR," the petition read.

In what seems to be Gujarat's first love jihad case after the amendment of the Freedom of Religion Act in June 2021, the woman and the accused husband had submitted that they were in a relationship and they were aware of the differences in their religious faiths before marriage.

They also maintained that their families supported them and their marriage was consensual and registered as per the Special Marriage Act.

The court has asked the state to submit its opposition of the marriage and the reason why the FIR should not be quashed.

(With inputs from The Times of India and The Hindu.)