Kerala: HC upholds 'marriage of conversion'
Posted on: 01:29 PM IST Aug 01, 2012
Kochi: In a curious incident, where a couple from two different religions got converted to a third religion and tied the knot, the Kerala High Court came to their rescue and upheld their marriage. The High Court on Tuesday allowed a couple - Shyma Fathima and Riju Devasia - to live together. In a bid to get married, Riju Devasia, a Christian boy, and Shyama Fathima, a Muslim girl, got themselves converted to the Hindu path. They married at Arya Samaj Mandir at Kozhikode.
The issue came to light when the girls father approached the court with a habeas corpus petition. A Division Bench comprising Justice K T Sankaran and Justice M L Joseph passed the order while considering the petition filed by Fathimas father Abdul Rahman of Kozhikode alleging that his daughter was in the illegal custody of Riju.Following an earlier order, both Shyma and Riju appeared before the court and the court interacted with them. The court also permitted the petitioner to interact with his daughter. The petitioner alleged that Riju tried to marry his daughter under the Special Marriage Act. But it was not fructified as the Registrar of Marriages had suspicion about the intention of the youth, the petitioner pointed out.Before the court, the lovers submitted that they converted to Hindu religion on December 2, 2011. Shyma meanwhile submitted that she wants to go with Riju, and refused to go with her father. The court recorded her statement and sent Shyma with Riju. The government pleader submitted that following their relationship, tension prevailed in the Thamarassery region, and the RDO had to conduct even peace talks. Rijus family was allegedly threatened by others and the duo went to Tamil Nadu.Counsel for the petitioner submitted that he has now reconciled with the situation and was prepared to find out a residence for them. The petitioner only wanted that his daughter should not stay away from him. However, the couple was not prepared to accept the condition. The government pleader also submitted that sufficient police protection will be given to the couple.