Adult man free to choose religion, who to marry: Allahabad HC

Allahabad HC disposed of a habeas corpus plea, saying 31-year-old Ayush Malik is a major and free to choose his religion and marriage.

The Allahabad High Court on Wednesday disposed of a petition alleging detention of an adult man by his father after his decision to convert to Islam and marriage with a Muslim woman.

The high court had on September 9 directed the father to produce his son, the petitioner, before court on September 16.

The order was passed by Justice Sandeep Jain hearing a habeas corpus petition filed by Ayush Malik through his friend Sultan.

Disposing of the petition the court said that petitioner Ayush Malik is a major and is free to do what he wishes.

It was submitted before the court that Ayush Malik, 31, of his own free will and volition renounced Hinduism and embraced Islam without any coercion, undue influence or inducement.

It was further submitted that after converting to Islam, he solemnised marriage with Chandni Qureshi, against the wishes of his father Devraj Singh Malik.

The aggrieved father lodged a police complaint, leading to an FIR under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, and the BNS against the son's wife and her relatives at Shamli Police Station.

The petitioner's counsel said Ayush was held in illegal detention by the father, in collusion with state authorities.

"From a perusal of the documents annexed with the writ petition, it prima facie appears that the corpus, Ayush Malik has voluntarily renounced Hinduism and embraced Islam and thereafter solemnised marriage with Chandni Qureshi against the wishes of his father.

The court termed the allegation of detention and the involvement of state authorities, "serious in nature" and warranting immediate consideration by it.