July 10: Barely two months after his marriage Mohammed Mumtaz Mohammed Habib Pathan was `separated' from his wife under the most unusual circumstances. While Pathan found himself in a police lock-up, his wife was detained in a remand home.The HC today ordered the release of Pathan from Dharavi police custody. Anxious to join his wife, he plans to file a habeas corpus petition on Monday.Justice Venkatachala Moorty recently stayed the criminal proceedings initiated against Pathan by the Bandra Metropolitan Magistrate. As per the magistrate's order, Pathan was accused of offences punishable under sections of the Indian Penal Code. Pathan was charged with kidnapping of a minor girl with the intention to marry her. The order stated that there was no record to show that the girl was a major at the time of her marriage.The petition filed in the HC said, Pathan (22), a worker in a tailoring shop of Mumbai, was married to Faimunnisa on April 17, 1997. They were neighbours residing in Dharavi. Pathan proposed to her and she agreed. They left for Pathan's hometown in Danapur, Bihar, to solemnise their marriage. The affidavit affirmed before the notary at Danapur showed the girl was 20 years old on the marriage day. The kazi had also issued a marriage certificate.The couple returned to Mumbai on June 12, 1997. When Pathan resumed work, his employer informed him about the visit of a Dharavi sub-inspector at the work place. Pathan himself went to the police station to enquire only to be arrested for `kidnapping' Faimunnisa from the lawful custody of her stepfather who had filed a complaint against Pathan.Pathan was produced before the metropolitan magistrate who remanded him to police custody till July 1. Pathan's counsel Girish Kulkarni argued that the marriage does not attract any IPC provisions and a Muslim girl's marriage is valid under the sections 361, 363 and 366 of IPC if the girl voluntarily marries a Muslim person, even without the express consent of her parents.
