Hadiya not in 'illegal' custody, confirms HC; Closes habeas corpus plea

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Dr Hadiya. File Photo: PTI

Kochi: The Kerala High Court here on Friday closed the habeas corpus petition filed by Asokan, father of Hadiya after the prosecution informed the court that she is presently residing with her second husband. Hadiya had gained national attention in 2016 due to her conversion to Islam and marriage to a Muslim. 

A division bench of the high court closed the petition upon learning that Hadiya divorced her first husband and living with her second husband in Thiruvananthapuram. Satisfied with the prosecution's report, indicating that Hadiya was not in illegal custody, the court decided to close the habeas corpus plea. 

The family of Hadiya, whose conversion to Islam and subsequent marriage to a man named Shafin Jahan triggered a controversy, had moved the Kerala High Court saying that they had been unable to trace her since November. Her father Asokan moved the High Court saying he apprehends that his daughter has been taken into illegal custody by certain people including her husband, who are allegedly part of the banned Popular Front of India. 

Asokan had told the high court that for the past one month, Hadiya was untraceable to him and his wife. He had claimed that whenever they called their daughter, either she was not receiving any calls or on many occasions, the mobile phone was switched off. Asokan also claimed that they went to her recently opened homoeopathy clinic in Malappuram but it was found closed and the neighbours didn't have any idea about it. 

Hadiya converted to Islam during her medical studies in Coimbatore and married Jahan in 2016 when she was 25 years old. Soon, Asokan had filed a writ petition in the High Court saying the conversion was forced and Jahan had links to extremist organisations like PFI. He had also argued that she would be trafficked to Syria to join the Islamic State. The High Court had then annulled the marriage, calling it a 'sham'. However, Jahan later approached the Supreme Court and in 2018, the apex court had set aside the High Court order. 

(With PTI inputs)

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