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The Kerala High Court in a recent order dismissed habeas corpus plea filed by a husband seeking custody of his second wife and and son, alleged to have been taken away forcefully for the purpose of converting the mother and son to Islam.

The division bench of Justices K. Vinod Chandran & Ziyad Rahman dismissed the petition after the woman informed the Court that she converted to Islam on her own free will and there was no coercion from anybody. She also admitted the relationship with the petitioner, but alleged that the petitioner had not been looking after her and the child for some time. She also admitted that there is no valid marriage between her and the petitioner. She was working in a Bakery and had now converted to Islam. She asserted that her son had not converted.

The woman further said that her son's studies were being interrupted due to frequent interference by outsiders and even the media.

In this context, the Court observed "We perfectly understand this, because the moment we issued 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 an innuendo that the mother and child are 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 Court thus directed 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.

Case Title: Gilbert vs State of Kerala