Thresiamma vs The City Police Commissioner and Others

K.M. Joseph, J.—Petitioner, who is a widow, is the mother of the alleged detenue. According to the Petitioner, Petitioner and the alleged detenue are Christians and Respondents 4 and 5 are Muslims, and on personal enquiry, Petitioner came to know that the detenue had been forcefully converted to Islam and she was given the name Saina, against her will and without her consent.

The alleged detenue was produced. We interacted with her. We also interacted with the Petitioner. We had allowed the Petitioner to interact with the alleged detenue for some time. The alleged detenue would say that she was converted to Islam on her own volition. She would also say that she has married the 4th Respondent, under the Special Marriage Act and also as per the Islamic rites. She would further say that she is four months pregnant.

In the circumstances of this case, we are not convinced that there is any illegal detention, as alleged. Going by the statements of the alleged detenue, who was personally present, it is clear that the detenue went on her own, and she got married and also got converted to Islam, on her own volition. In such circumstances, we see no merit in the Writ Petition and the same is closed.