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MUMBAI: A writ petition was filed before the Bombay high court on Monday by a 20-year-old student, seeking the release of his partner from what he claims is unlawful detention at a government women’s protection home in Chembur. The petition alleged that societal and familial pressure, influenced by opposition to their interfaith relationship, has resulted in a gross violation of fundamental rights.
The petitioner, Naushad Jamadar, was in a consensual relationship with the woman from a different religion for several months and intended to marry her. On November 16, 2024, the woman left her parental home voluntarily and informed the Ghatkopar police station in writing of her decision to live with Naushad in a live-in relationship. This was further formalised through a notarised affidavit.
However, a complaint was filed by the woman’s family which, according to the petition, led to her being forcibly detained at the Shaskriya Stree Bhishekari Khikar Kendra, a government women centre at Chembur, Mumbai.
The petition outlined that the woman, who is a consenting adult, has repeatedly expressed her desire to stay with Naushad, as evidenced by her affidavit and a self-recorded video. In her statements, she refuted allegations of coercion, underscoring that her decision to live with Naushad was voluntary.
The petitioner contented that as adults, they have the constitutional right to choose their life partners without interference. Judicial precedents were cited to reinforce their right to autonomy and protection against societal interference in personal relationships.
The petitioner, represented by advocates Abid Abbas Sayyed and Asif Shaikh, urged the court to issue a writ of habeas corpus for Payal’s release and declare her detention unlawful. Additionally, he has sought police protection for both parties against threats from her family and societal groups. The petition also requested support for the couple to solemnise their marriage without coercion.