Kerala High court annuls marriage of converted Hindu girl to Muslim man

Kerala High court annuls marriage of converted Hindu girl to Muslim man

Cochin: In an appalling ruling that took the state by surprise, the Division Bench of Kerala High Court has invalidated the marriage of a Muslim couple on the ground that the bride's parents were not present at their marriage. But her father filed another habeas corpus in 2016 with fresh accusations that his daughter had been recruited to work for the ISIS. The division bench had issued directions to let the woman go with her parents and to give police protection to her. A division bench of the court cancelled the marriage acting upon a habeas corpus petition filed by the woman's father, Asokan KM of Vaikom.

The woman's father, who is a native of Kottayam, said that his daughter told him that she wants to go to Syria to graze sheep.

The court has asked the DGP to take over the case and also another case involving the conversion of a woman in which a case was registered by the Cherpulassery police. He had alleged that she was forced to convert at an "illegal Islamic conversion centre". A couple who acted as the guardian for solemnizing the "marriage" had no authority or competence to do so and the marriage performed is therefore null and void, the court said. Ashokan had approached the court previous year saying that his only daughter, who was doing House Surgeoncy after completing homeopathy studies, was missing. "Marriage being the most important decision in her (Akhila)'s life can only be taken with the active involvement of her parents, " the court said, while declaring the marriage void. Following the petition, the girl appealed to the court that she was attracted to Islam and left the house and that no one had forced her to do anything. The court also ordered that the investigation should be undertaken with immediate effect and that people should be brought before law if any breach of law was found.

However, under Islamic law, a girl can not be released "on her own", but must be released under the custody of either her father or husband.

While the case was in still in the court, Hadiya met Shafin Jahan from Kollam district through a matrimonial site and they got married on 19 December 2016.

The police was also directed to probe the antecedents of Sathya Sarani girls hostel in Manjeri in Malappuram district and also about the girl's local guardian A S Sainaba.

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