Delhi High Court notes if making Nikahnama amounts to Muslim marriage in plea of Hindu woman’s father

6 Jan,2021

Delhi High Court notes if making Nikahnama amounts to Muslim marriage in plea of Hindu woman’s father

The Delhi high court has observed whether mere preparation of a Nikahnama would amount to a Muslim marriage while hearing a habeas corpus petition which was filed by a Hindu father for his daughter who had eloped with a Muslim man.
The woman namely, Preeti was found and placed in Nari Niketan and she was produced before the Delhi High Court through video conferencing. During the hearing, she told the court that she left her house with one of the Muslim man, Syed Mustafa with her own will and consent. She highlighted over the point that she arranged an advocate and paid ₹10,000 for preparing a Nikahnama along with a Qazi. The facts stated by her didn’t mentioned anything about her conversion to Islam.
The division bench comprising of justices Vipin Sanghi and Rajnish Bhatnagar remarked, that it would remain to be seen whether the mere preparation of Nikahnama in such circumstances would amount to a Muslim marriage.
The Court has assured that they will not force the lady to marry any other person whom she would not like to marry otherwise.