The Kerala High Court has dismissed the petition of a man who alleged that his “second wife” and son were forced to convert from Christianity to Islam and detained by Therbiyathul Islam Sabha, a religious institution in Kozhikode, Kerala.
It was also alleged by the petitioner, Gilbert PT, that through the second wife, he was also offered Rs 25 lakh for converting to Islam. The petitioner had expressed apprehensions about the life of his second wife and child and had spoken on the antecedents of the religious institutions and private respondents.
On Wednesday, the police produced the mother and son before the High Court. Shaiju N.B., Inspector of Police, Thenhipalam, informed the Court that on investigation it was found that the mother, who is produced before the Court is the sister of the petitioner’s wife. They were living together, but differences cropped up. The sister of the petitioner’s wife along with her son moved out and have been living alone separately. It was also stated that the petitioner is not legally wedded to his sister-in-law. The officer also informed the Court that the mother is now working in a bakery, the owner of which was a Muslim, and the mother was attracted by the religion. Now she has converted to Islam and is undergoing training.
The Division Bench of Justice K. Vinod Chandran and Justice Ziyad Rahman A.A. conversed with the woman alone without the presence of police or the learned counsel for the parties. She told the High Court that she converted to Islam on her own free will and there was no coercion from anybody. She admitted the relationship with the petitioner but alleged he has not been looking after her and the child for some time. She admitted there was 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 later called the son and talked with him alone without anybody’s presence. He also narrated the same story and said he wants to be with his mother. He said that he has not been converted to Islam and has not yet decided.
Sajith Kumar, the petitioner’s counsel, requested that the petitioner and his wife, who is the sister of the alleged detenue, be allowed to interact with the petitioner’s second wife and son, together and alone. The court permitted that and they interacted for more than an hour in an empty court hall.
The Bench again interacted with the woman and her son. Neither she nor her son changed their stance after this conversation. However, she did inform the court that she is concerned about her son’s studies as they have faced frequent interference by outsiders and even the media.
It was therefore directed by the High Court to the jurisdictional police that if a complaint is raised by the woman 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.
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“We perfectly understand this, because the moment we issued a notice, which the court usually does in petitions seeking a writ of habeas corpus; unless there are very compelling circumstances otherwise, there appeared columns in the media with innuendo that the mother and child care in the custody of extremist bodies. We are saddened and dismayed because such outbursts, without verifying the ground realities, only results in polarization of communities, which civil society can ill-afford.”
“The petitioner’s counsel asked for interim custody of the child for some days. However, we are of the opinion that in the present circumstances, that is not conducive. If there is any dispute on custody, that is to be agitated before the Family Court. We leave liberty to either party to agitate such cause before the appropriate Family Court,” the order reads.