Kerala HC Disposes Habeas Corpus Plea Made by Father in Inter-Faith Relationship

Kerala high court law insider)

Khushi Gupta

Published on: April 19, 2022 at 14:57 IST

The Kerala High Court declined to interfere with the Inter-Faith relationship between one Joisna Mary Joseph and Shejin, which had sparked ‘love jihad’ allegations in the State.

A Division Bench of Justices VG Arun and CS Sudha closed a ‘Habeas Corpus’ Petition which the woman’s father had filed.

“We have interacted with the Detenue. She categorically states that she has decided to interact with Shejin of her own free will and not under any sort of compulsion. She further states that as of now she is not interested in interacting with her parents which she will do at a later stage. Copy of Notice of intended marriage has been submitted to the Marriage Officer, Kolanchery. Taking note of the categorical stance of the Detenue and being convinced that there is no Illegal Detention, the Petition is closed,” the Court said in its Order.

“She, as we understand, is a 26-year-old person who has seen the world. She worked abroad and came back. She is capable of taking her own decision,” Justice Arun observed.

The relationship between the Christian woman and the Muslim man, a member of Democratic Youth Federation of India (DYFI), the Youth Wing of the Ruling CPI(M), grabbed headlines after a district leader from the CPI(M) itself accused Shejin of love jihad.

The CPI(M) district leadership later clarified that the party never referred to inter-religious marriages as ‘love jihad’ and the Statement was Misinterpreted.

The couple had decided to get married by exchanging garlands and submitted an application to register their marriage under the Special Marriage Act and started living together.

However, Josina’s parents filed a Police Complaint and later filed the present Habeas Corpus Petition.

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