Can HC Nullify Marriage Between Two Adults In A Habeas Petition by Girl’s Father? Akhila Case To SC [Read Petition]

A special leave petition has been filed in the Supreme Court of India challenging the Kerala High Court Judgment [Akhila/Hadiya Case] which nullified the marriage of an adult woman converted to Islam with a Muslim man, in a habeas corpus petition filed by her father.The Petition filed by Shefin Jehan alleges that High Court allowed the writ of habeas corpus filed by the Ashokan (father of Akhila/Hadiya), and against the will of the Detenue, has placed her under house arrest.The Petitioner averred that the High Court had gravely erred in declaring the marriage of the Petitioner and the Detenue to be null and void without any legal basis.“That the Petitioner and the Detenue had performed all the rights under the Muslim Laws and the High Court ought not to have declared it null and void without any legal basis whatsoever”As per the petition the impugned order is an insult to the independence of women of India as it completely takes away their right to think for themselves and brands them as persons who are weak and unable to think and make decisions for themselves and the same is against their fundamental rights and should be struck down.Kerala HC Nullifies Marriage Of Muslim Convert In Her Father’s Habeas Corpus Petition [Read Judgment]Facts The habeas corpus petition filed by KM Ashokan before the High Court alleged that his only daughter Akhila (24) had converted to Islam and he apprehended that she was likely to be transported out of the country.Akhila is the only daughter of her Hindu parents. She was brought up as a Hindu, in accordance with the faith of her parents. She had joined the BHMS Course at the Shivaraj Homoeopathy Medical College at Salem. According to her, she became attracted to Islam religion about three years prior to her disappearance. She submitted that she came under the influence of Muslim religion, having heard about the teachings of the religion from her roommates. She had, therefore, attended a course at Satyasarani and had become Muslim by conversion.She refused to accompany her parents. She also submitted that she wanted to reside at a place of her choice. She has not been issued a passport and, therefore, there was no likelihood of her being taken to Syria, as alleged. She also submitted that she had got married to one Shafin Jahan on 19.12.2016, according to Muslim religious rites. High Court JudgmentA division Bench of Kerala High Court comprising Justices Surendra Mohan and Abraham Mathew annulled the marriage between Akhila and Shefin on the ground that the alleged marriage is only a sham and is of no consequence.The court held that a girl aged 24 years is weak and vulnerable, capable of being exploited in many ways.“This court, exercising parens patriae jurisdiction, is concerned with the welfare of a girl of her age. The duty cast on the court to ensure the safety of at least the girls who are brought before it can be discharged only by ensuring that Akhila is in safe hands”, states the Order.Regarding the person who allegedly married Akhila (Shafin Jahan), the court said he is a leader of the SDPI and also accused in a criminal case. “No prudent parent would decide to get his daughter married to a person accused in a criminal case. This is for the reason that, the possibility of such a person getting convicted and being sent to jail cannot be ruled out. It is clear that Sri. Shafin Jahan is only a stooge who has been assigned to play the role of going through a marriage ceremony"“We further take note of the fact that Sri.Shafin Jahan’s mother is already in the Gulf. He was working in the Gulf and is desirous of going back. Therefore, left to him, he would have transported Ms.Akhila out of the country. In the present regarding her name, it would have become impossible to even trace her out had she been taken out of India. There are reports of girls taken out of the country after such conversions, having become untraceable.” The court ordered the custody of Akhila to her parents. It also ordered a full-fledged investigation in the matter.The Petition filed through Advocate Haris Beeran has raised the following questions before the Supreme Court; a) Whether the High Court was justified in annulling the marriage of the Petitioner to the Detenue without going into the validity of the same?b) In view of the judgment of a Constitutional bench of This Hon'ble Court in Ghulam Sarwar Vs. Union of India, (1967) 2 SCR 271, whether the High Court is legally correct in entertaining and allowing a 2nd round of Habeas Corpus Writ Petition under Article 226 of the Constitution of India in a case where earlier another Habeas Corpus Writ Petition under Article 226 had been filed by the same writ petitioner in respect of the same alleged detenue and the same had already been considered and disposed of on merits by another Division Bench of the same High Court declaring that the alleged detenue is not under anyone's illegal custody and that she is set at liberty?c) When the alleged detenue,...

Can HC Nullify Marriage Between Two Adults In A Habeas Petition by Girl’s Father? Akhila Case To SC [Read Petition]

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