Kerala 'love jihad' case: SC restores Hadiya's marriage, sets aside HC verdict

09 March, 2018, 09:32 | Author: Mable Gonzales
  • PTI11_28_2017_000218a Hadiya supreme court file pti

The Supreme Court on Thursday restored Hadiya's marriage to Shafin Jahan and also set aside the Kerala High Court order that had earlier annulled the validity of her marriage.

In August, the Supreme Court ordered a probe by the National Investigation Agency into Hadiya Jahan's conversion and marriage, but subsequently raised questions about the High Court order annulling the marriage.

In addition to annulling the marriage, the Kerala high court had said that Hadiya was to be in the custody of her parents (who opposed her conversion and choice of partner).

On October 3, the Supreme Court had said it would examine whether the high court could annul the marriage following a petition by her parents. But she was presented in the court after her marriage. Shafin Jahan is my husband.

The Bench of Chief Justices Dipak Misra, A M Khanwilkar, and D Y Chandrachud reiterated the position that marriage between two consenting adults could not be nullified in a habeas corpus petition.

The apex court said, "The government can curb crime but not put restriction on marriage and personal decisions".

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Following the high court's order, Hadiya' husband moved to the Supreme Court challenging the ruling. It ruled that Hadiya can complete studies and "freely follow her pursuits".

In November 2017, the top court directed Hadiya to resume her internship, and that she was free to meet whomever she wanted. The probe into the cases of Love Jihad by a well oiled network in Kerala would however continue, the Bench said.

Advocate Maninder Singh, the lawyer appearing for the NIA, submitted to the Supreme Court that the probe is nearly complete in the case.

Hadiya, born Akhila and a Hindu, converted to Islam in January 2016 and married Jahan in December of the same year.

The court, however, made it clear that the NIA could continue to probe the allegations of criminality related to the so-called incidents of Love Jihad. She also sought for permission to live as Jahan's wife.



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