P ABDURAHMAN Vs. RIJU DEVASIA

JUDGEMENT

(1.) SHYMA Fathima, the daughter of the petitioner was missing since 08.11.2011. The petitioner alleged that Shyma Fathima is under the illegal custody of Riju Devasia, the first respondent. It is further alleged in the Writ Petition that Shyma Fathima and the first respondent tried to get the marriage registered under the Special Marriage Act. But it was not fructified as the Registrar of Marriages had suspicion about "the intention of respondent No.1". It is also alleged that respondent No.1, with the help of respondents 6 to 8, made an attempt to convert Shyma Fathima to Hinduism and they succeeded in that attempt. The first respondent and Shyma Fathima converted to Hinduism at Arya Samaj Mandir, Calicut and their marriage was solemnized on 07.12.2011. Shyma Fathima belongs to Islam while the first respondent is a Christian.

(2.) WHEN the writ petition came up for hearing on 23.07.2012, we passed the following order :

(3.) SHYMA Fathima and the first respondent narrated the various incidents which took place after Shyma went with the first respondent. The first respondent stated that his father was attacked by a group of persons on account of his relationship with Shyma Fathima. He also stated that his brother was working at Kozhikode. He was beaten and driven away from the place. The whereabouts of the brother of the first respondent are not known to him. Shyma and the first respondent submitted that the offer made by the petitioner is not unconditional and that they are not prepared to accept the conditions imposed by him in his talk with them. They also stated that they never tried to register the marriage under the Special Marriage Act.