"Converted To Islam On Free Will": Kerala High Court Dismisses Habeas Plea By "Husband" Alleging Forced Conversion And Illegal Detention Of Wife And Son

A Division Bench of the Kerala High Court comprising Justice K Vinod Chandran and Justice Ziyad Rahman A.A on Wednesday dismissed a plea by a man who alleged that his wife and son were forcefully converted to Islam and illegally detained upon finding that the woman had converted on her free will. 

The petitioner Gilbert P T, a former CPI(M) worker, had filed a habeas corpus petition on 29th June 2021 seeking the release of his wife and son from illegal detention at the Therbiyathul Islam Sabha, a religious institution in Kozhikode. It was also prayed that their custody be granted to the petitioner. Advocate Sajith Kumar represented the petitioner in the matter.

The petitioner approached the Court concerned with the welfare of his 'second wife and son', who were alleged to have been taken away forcefully by respondents for forceful conversion. It was also alleged that through the wife, the petitioner was offered Rs.25,00,000 for converting to Islam. 

The mother and son were produced before the Court. The Inspector of Police while producing the duo informed the Court that the mother was the petitioner's first wife's sister. According to the officer, they were living together but soon met with altercations. 

Following this, the mother moved out of the house along with her son, They have been living separately for some time and she presently worked at a bakery. It was also brought to the Court's notice that the woman was not legally married to the petitioner. 

The owner of the bakery was a Muslim, the officer reported, and the mother was impressed with the religion. Shortly after, she converted to Islam and is currently undergoing training. 

Justice K Vinod Chandran and Justice Ziyad Rahman A.A conversed with the woman in the absence of the authorities. During this discussion, she admitted that she converted to Islam on her own will and that there was no coercion from anyone. 

"She also admitted the relationship with the petitioner but alleged that the petitioner has not been looking after herself and the child for some time. She also admits that there is no valid marriage between herself and the petitioner. She is working in a Bakery and has now converted to Islam. She asserted that her son was not converted," the Bench observed.

When the Court interacted with the child, he narrated the same and expressed his desire to stay with his mother. The child also confirmed that he had not converted yet, and had not decided if he wants to as of now. 

Since the mother and son did not change their stance after meeting with the petitioner, the Court found that there was no reason to keep the petition pending.

When asked if she had any apprehensions to be shared with the Court, the mother responded that the son's studies were being interrupted due to frequent interference by outsiders and even the media.

The Court observed that upon issuance of notice by the court, there were several columns in the media with innuendo that the mother and child are in the custody of extremist bodies. 

Commenting on this, the Court states as follows:

"We are saddened and dismayed because such outbursts, without verifying the ground realities, only result in polarization of communities, which civil society can ill-afford. We, hence, direct the jurisdictional Police that if a complaint is raised by the subject-lady before the Police of any harassment, the Police shall take immediate action to ensure that the mother and son are allowed to live their life without undue interference and harassment."

Therefore the Division Bench negated the petitioner's attempt to imply that the mother and son were in the custody of an extremist body. The writ petition was accordingly disposed of. 

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Case Title: Gilbert P.T v. State of Kerala & Ors

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