'Hadiya Living Freely, Not Under Illegal Detention' : Kerala High Court Closes Hadiya's Father's Habeas Corpus Petition
The Kerala High Court today closed the Habeas Corpus petition filed by the father of Dr Akhila @ Hadiya alleging that his daughter had been missing since the last month and they were unable to contact her.A division bench comprising Justice Anu Sivaraman and Justice C. Pratheep Kumar observed that Hadiya is not under any illegal detention and thus the Habeas Corpus Petition was not...
The Kerala High Court today closed the Habeas Corpus petition filed by the father of Dr Akhila @ Hadiya alleging that his daughter had been missing since the last month and they were unable to contact her.
A division bench comprising Justice Anu Sivaraman and Justice C. Pratheep Kumar observed that Hadiya is not under any illegal detention and thus the Habeas Corpus Petition was not maintainable. The Court further noted that Hadiya is living her life freely and is not under any illegal custody.
The Court dismissed the Habeas Corpus petition based on a statement submitted by Hadiya before the Court. In her statement, she submitted that she got divorced and married again and was now living in Trivandrum. She also submitted proof from her call records to show that she was in contact with her parents. Further, she also submitted details of her present address and contact details with the Court.
Based on the statement filed by Hadiya, the Court held there is no illegal detention and that she is living under her free will. Accordingly, the Court dismissed the Habeas Corpus petition as not maintainable.
The plea was moved by Advocates C.Rajendran, B.K.Gopalakrishnan and R.S.Sreevidya
Background Facts
The conversion of Akhila to Islam, following which she assumed the name Hadiya, had created news in 2017, after her father filed a habeas corpus petition in the Kerala High Court alleging that she was under coercion. In 2017, the High Court annulled the marriage of Hadiya and Shafin Jahan, which was carried out during the pendency of the petition, by invoking its parens patriae jurisdiction.
In 2018, in a judgment upholding the personal autonomy of a woman to choose her life partner, the Apex Court set aside the order of the Kerala High Court that annulled Hadiya's marriage with Shafin Jahan. It took note of Hadiya's submission before the Court that she had converted and married on her own volition and free will.
Case Name: Asokan K M v State Of Kerala, WP(Crl) 1285/ 2023
Citation: 2023 LiveLaw (Ker) 734