Muslim Girl (her lawyer claims she is major), who converted to Hinduism through notarized affidavit and participating in various Hindu rituals like Yagya and Saptapadi, is lodged in a nari niketan for around an year. Me lord suggests her lawyer "ā¤ā¤žā¤ ā¤Ģā¤ŋā¤° ā¤ŽāĨā¤¸ā¤˛ā¤Žā¤žā¤¨ ā¤Ŧā¤¨ ā¤ā¤žā¤" C/-
Me lord asks for the registration deed of the Arya Samaj Mandir where marriage was solemnised which is totally irrelevant. If he had any doubts about conversion being voluntary, he could have summoned the girl to Court in Police custody and took her statement. C/-
What if this Arya Samaj institution is not registered? The question of law should have been whether only a registered Arya Samaj or other institution convert someone to Hinduism? It is clear that any hindu priest can do this even at a place which is not a temple. C/-
To top it all, Me Lord frames a question of law that who "verified" the "notarized" affidavit, presented by the girl to Arya Samaj institution. I mean who is supposed to verify a notarized document? Notary. He verified it that is how it became notarized đđđ C/-
If Judge Shab is not satisfied with the previous affidavit, he could have asked for a new one, verify it by physical presence of the girl in the Court room. Her lawyer is already there and nothing proceeds in writ petitions without an affidavit. C/-
Now assume for a moment that Arya Samaj institution is unregistered and even her conversion to Hinduism, her marriage with the Hindu boy is void. Okay. But how is all that relevant in a writ asking for the release of a major girl illegally detained in a Nari Niketan? C/-
Proper procedure would have been to call the girl in full Police protection to the Court, record her statement, verify her age and let her go wherever she wants. If she wants to live with Hindu boy even if the marriage is void, she can because law already recognises live-in. C/-
But but but Judge Saheb (in his own words) is trying to save the "social fabric" of the country. Probably, law and justice comes after social engineering. As they say, law is what Judges do. End. đđđ
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