Kerala High Court cancels marriage after parents allege suspected connection with ISIS, sends lady with parents
Kochi/Kerala, May 25: The Kerala High Court has canceled the marriage of a converted girl by pointing out that the presence of parents in the marriage is inevitable. The Division Bench was quoted as saying that the marriage in the absence of parents was invalid.
In the petition filed by Asokan, a native of Vaikom, the court commented that the marriage in the absence of parents are invalid. The court sent Akhila alias Hadiya along with her parents after pronouncing the judgement.
Asokan had claimed in court that his daughter had been detained for further conversion of her to ISIS. Ashokan had filed a Habeas Corpus petition, pointing out that his daughter is in the captivity of certain Islamic extremist group and she is likely to be taken to Syria.
The High Court Division Bench, comprising K Surendra Mohan and Abrahm Mathew, passed the verdict announcing that the marriage in the absence of their parents stance invalid. According to the Islamic law, when parents are alive, no other person could perform the role of a “Guardian”. The Court has pronounced the judgement on this basis.
In December last year, the girl got married to Shefin Jahan from Kollam. 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 has also directed the court to take up the investigation on the basis of the complaints filed by Ashokan in Perinthalmanna and Cherpulassery police stations. The court directed a detailed inquiry into those who were behind the wedding.
The court also directed the investigating agency to conduct a probe into the alleged misconduct of the establishment named Sathyasarini in Manjeri. The court directed to probe whether the investigating officer who was entrusted to conduct an investigation on this issue have been defective. If the investigating officer fails, the department should take action. The court also directed to complete the investigation as early as possible and bring the offence before the law.
Adv. Jahangeer Amina Razaq had given a detailed description of the grounds of the notable Kerala High Court order that conversion from one religion to another for marriage makes the marriage invalid unless and until the marriage is registered with Special Marriage Act.