Kerala HC nullifies woman’s marriage with Muslim man after bride’s father raises IS angle

In an unusual case of alleged conversion and marriage at the behest of the Islamic State, a division bench of the Kerala High Court declared the wedding of a 24-year-old Hindu woman with a Muslim man as void.

The case took a curious turn with allegations that the woman was forcibly converted to Islam by people or group having affiliation to the Islamic State.

The Kerala High Court directed the police to conduct a detailed probe into the suspected forced conversions of Hindu women by groups having links with Islamic State.

The Kerala High Court bench of Justices Surendra Mohan and Mary Joseph ordered the girl to return to her parent’s home. The Kerala High Court declared marriage of Akhila alias Hadia with Shafeen Jahan, a native of Kollam “null and void” on the grounds that bride’s parents were “not present or given consent” for the marriage.

WHAT KERALA HIGH COURT SAID

The court considered two habeas corpus writs filed by Ashokan Mani of Vaikom and another parent from Cherpulassery in Palakad district.

“Marriage being the most important decision in her (Akhila)’s life can only be taken with the active involvement of her parents,” the Kerala High Court observed.

“The marriage, which is alleged to have taken place, is a sham and is of no consequence in the eye of law. Her husband has no authority to act as the guardian,” the court further remarked.

The Kerala High Court also directed the State Police Chief to conduct departmental inquiry against Perinthalmanna Deputy Superintendent of Police for not investigating the case properly and take appropriate action.

THE MISSING COMPLAINT

Ashokan Mani, an ex-serviceman filed Habeas Corpus petition before the Kerala High Court on January 25 last year, when he found that his daughter Akhila was missing from the campus she studied. Akhila was a student of the Bachelor of Homeopathic Medicine and Surgery course in Salem.

In his petition, Ashokan alleged that his daughter was forcibly converted to Islam and sought the help of the court to find her. Ashokan named two of Akhila’s classmates Jaseena Aboobaker and her sister Faseena – residents of Perinthalmanna – as the persons behind her disappearance from the campus under mysterious circumstances.

Ashokan said in his petition that Akhila and eight other friends including Jaseena and Faseena were staying in a rented house near their college in Salem. They used to visit her friends’ home in Perinthalmanna during holidays.

SUSPICION OF A FATHER

Ashokan mentioned in his petition that he noticed some behavioural changes in her daughter when came home to attend her grandfather’s funeral in December 2015. Ashokan said that Akhila was not ready to perform Hindu rituals.

On January 6 next year, Ashokan received a phone call from the father of one of Akhila’s classmate informing him that his daughter was seen wearing veil and that she was converted to Islam.

The news was a shock to Ashokan, who suffered a mild heart attack. Akhila was informed about the health condition of her father, but she was allegedly not willing to visit him at that time.

Later, Jaseena told Ashokan’s wife that she would bring Akhila home on a pre-decided date. But, they did not reach home. Ashokan’s family, somehow, managed to contact Akhila, who reportedly told them that she was being forcibly held by people including Jaseena and Aboobacker. Ashokan claimed in his petition that those people were engaged in forcible conversion of vulnerable youths of other faiths.

WHAT AKHILA TOLD POLICE, COURT

On the complaint by Ashokan, police began probe. Akhila was found but she submitted an affidavit before Perinthalmanna police that she was following Islam since 2012 and had willingly left her home.

Akhila told the police officials that she joined a course run by Tharbiathul Islam Sabha, Kottackal in Malappuram to learn Islam and shifted her residence to Satyasarani in Manjery – an Islamic Institution, which allegedly promotes conversion in Kerala and is reported to have close connection with Popular Front of India.

According to her affidavit, Akhila stayed in Aboobacker’s home for a brief period. Akhila later shifted to Satyasarani’s hostel for girls and completed her course. Satyasarani introduced her to Sainaba from Ernakulam and started staying with her after her father filed Habeas Corpus petition.

FIRST ORDER OF KERALA HIGH COURT

Akhila told the court that she was not under any illegal confinement against her free will. Akhila also told the court that she was not willing to go to her father’s house. She insisted that she wanted to pursue her Islamic studies at Satyasarani.

In June last year, the Kerala High Court allowed Akhila to stay with Sainaba.

Later Akhila informed the court that she had taken admission in Satyasarani and produced records of her admission in the religious institution.

Consequently, Kerala High Court dismissed the Habeas Corpus petition filed by Ashokan Mani.

ANOTHER HABEAS CORPUS PETITION

The June 2016 order of the Kerala High Court should have been the end of the matter. But, ex-soldier Ashokan Mani was not convinced with his daughter’s reply. He sensed something fishy.

Ashokan Mani would keep track of his daughter’s movement and developments in her life. As a result, he filed another Habeas Corpus writ two months later.

This time, Ashokan Mani alleged that her daughter was converted to Islam at the behest of the Islamic State. He feared that Akhila might be taken out of India to join the ranks of Islamic State in Afghanistan.

Ashokan mentioned about two separate cases of women vanishing from Kerala to join the Islamic State jihadis in Afghanistan after they were converted to Islam and married to Muslim men.

TWISTS AND TURNS IN KERALA HIGH COURT

The Kerala High Court, at first, was not impressed with the reference to the Islamic State. The court asked Ashokan’s lawyer CK Mohanan to delete the reference to the Islamic State in his petition as it was irrelevant.

But, Mohanan was insistent and argued that Kerala police were investigating a case of missing 21 persons from the state. They are suspected to have been taken to Afghanistan. A heated exchange took place in the open court between the lawyers and the bench.

Justices PN Ravindran and Justice Dama Seshadri Naidu slapped ordered contempt proceedings against lawyer Mohanan in 2016. The court pronounced him guilty in the case and sentenced him to three months imprisonment and also imposed a fine of Rs 1,000.

Ashokan assured the court that he would not engage Mohanan in future. The high court shifted Akhila from the custody of Sainaba to SNV Sadanam, Ernakulam – a ladies’ hostel.

Meanwhile, Akhila alias Hadia got married to Shafeen Jahan of Kollam in December last year. The matter came up in January this year before the Kerala High Court, which was hearing the second Habeas Corpus writ filed by Ahokan.

Akhila produced marriage certificate issued by Puthur Juma Masjid in Malappuram and marriage registration certificate by local panchayat authorities. But, the Kerala High Court has declared both the marriage and the certificates as invalid.

Source : India Today