Praveer Peter and Mrinalini Adela Tete

Communal disharmony at its peak. And the only legit argument :

Kalyani Kumari & Anr vs. State of Jharkhand & Ors. WP (Cri.) 305/2020 | Jharkhand High Court | Status: Pending. Though Kalyani has been released from the shelter home, and the couple is living in their matrimonial house together. | |

Kalyani Kumari and Md. Saddab have known eachother since their school days, when they were studying in standard 7th of Devendra Nath Singh High School, Choreya. And at the same time, Md. Saddab's uncle was operating a shop let out by Kalyani's father, in the residential compound itself, which made the two even more familiar with eachother. Many might see their relationship as nothing more than a "love jihad", but the couple had from the very beginning been good friends to eachother, and also career oriented, as even after completing their Board Exams, they went their separate ways and even when they were in the same town Ranchi, away from their parents and guardians, they never took their freedom for granted or misused their it. They had always been hard working, because at the back of their mind they had always been aware of the fact of them hailing from a strict hindu and muslim families, and therefore it was all the more the need of the hour to be able to become something in life and then approach their parents for the same.

But, their destiny had other plans for them, when during the lockdown, Kalyani's parents started looking for a suitable groom for her, and even finalised her marriage to a man quiet older than her against her wishes, to take place in the month of June 2020. And from here the couple bought their tickets to their life's roller coster ride. With the preparations going on for the wedding, Kalyani was sent to Ranchi on 8th July 2020, so that she can get groomed in one of the beauty parlours, when Kalyani took the decision to elope,and therefore she carried all her important documents with her to Ranchi, where she was going to meet Md. Saddab. Once in Ranchi, her appointment was made at one of the parlours, where she left from home, but never visited and straightaway went to meet Md. Saddab. And once the couple met they switched off their mobile phones, and they managed to elope to Kolkata, where they reached on 9th July 2020.

Interestingly, because of the Lockdown none of the religious places were open and even the Courts were functioning online, which made it even harder for the couple to get married. And at last the couple got their marriage registered in the Office of the Qazi on the 18th July 2020. Weeks after that, they called up an acquaintance in Ranchi, who informed them about a kidnapping and forcefully converting one's religion case being registered in the Police Station by Kalyani's aunt (Sukhdeonagar (Pandra OP) PS case no. 335/2020. Whereafter, without wasting any further time, the couple went to Aara, Bihar to their matrimonial home, where they were warmly welcomed by the family members. But as soon as the news spread and Md. Saddab's uncle came to know about it, he started abusing and threatening Md. Saddab's family to hand over Kalyani to her parents, or else he will involve the religious people into the matter, his uncle was doing all this as he was also being pressured and threatened by Kalyani's parents and extended family back in Choreya.

Amidst all this chaos, the couple decided to get back to Ranchi and surrender themselves before the police, as her aunt had filed a false case u/s 363/366/34 I.P.C. Therefore, on 10th September 2020 Kalyani, Md. Saddab, his mother and younger brother came to Ranchi by road and Kalyani surrendered before the Sukhdeonagar (Pandra OP) PS, and from there she was shifted to the Mahila Thana, and till 14th September 2020 all kinds of political party goons used to come to the Mahila Thana with her parents and try to coerce her into going back with them. On 14th September 2020 Kalyani was produced before the Judicial Magistrate who was pleased to record her statement u/s 164 CrPC, in which she clearly deposed that she has known Md. Saddab since 2007, and she had eloped with him in order to get married, and wants to start her conjugal life with him, and she fears her family members and relatives who can either harm her or Md. Saddab and his family members. Even after getting all this in the record, Kalyani was sent to a shelter home in Kanke, where she was tortured and harrassed mentally and emotionally, so that she changes her mind and goes back to her parents.

In the meanwhile the advocate that Md. Saddab's cousin had hired was also cheating him, as he was more on the side of Kalyani's parents, and was on purpose getting the court hearings delayed, and to top that the Co-ordinator of the shelter home was also not allowing to meet Kalyani or providing her with any legal aid. On 23rd October 2020 Social Activist Praveer and Advocate Mrinalini, went to meet with the Senior Superintendent of Police, Ranchi at his office and at his residential office but to avail, therefore the representation letter was submitted in the box, which contained an elaborate account of the incident, the F.I.R., copy of the statement of the victim, and the famous Lata Singh vs. State of U.P & Anr., in which the SC had given all the power to the SPs' to look into the matters of the inter-religion marriage couples, that they are not harassed and no false cases are registered by the guardians. But all this and the SSP could only issue a notice to the Sukhdeonagar (Pandra OP) PS to look into the matter and submit the report, who were already on the side of the guardians.

With all this finally the court of the Learned Judicial Commissioner at Ranchi was pleased to allow the bail of Md. Saddab and his two brothers on 5th December 2020 on the basis of the statement of Kalyani recorded u/s 164 CrPC dated 14th September 2020, and the court of the Learned Judicial Magistrate at Ranchi was pleased to release Kalyani from the shelter home on 13th January 2021. Whereafter, now the couple is happily residing in their matrimonial home in Bihar.

The criminal writ case is pending before the Jharkhand High Court for quashing of the Sukhdeonagar (Pandra OP) PS case no. 335/2020 registered u/s 363/366/34 I.P.C.


Attachments

    https://hrln.org/uploads/2021/03-March/29-Mon/WP%20%28Cri-%29%20305%20of%202020%20%281%29.pdf
    https://hrln.org/uploads/2021/03-March/29-Mon/Kalyani%20Kumari%20Md%20Shadab%20Representation%20letter%20%281%29.pdf