Supreme Court Sets Aside Kerala HC Decision, Restores Hadiya's Marriage

09 March, 2018, 09:34 | Author: Jason Torres
  • Kerala 'Love Jihad' Case: Hadiya Wins Freedom, Supreme Court Validates Her Marriage

India's top court on Thursday overturned a decision of the Kerala High Court which had annulled the marriage of Hadiya, a Kerala-based girl who converted to Islam and married a Muslim man.

The order by a bench comprising chief justice Dipak Misra and justices AM Khanwilkar and DY Chandrachud came after Jahan challenged the HC order, which had cancelled the marriage and sent Hadiya to her parents' custody.

In its ruling, the Supreme Court also said that the Kerala high court should not have annulled the marriage in the first place.

Hadiya had made a personal appearance in the apex court in November past year, when she reiterated that she had converted to Islam out of her own choice and she wished to be united with her husband.

The high court's order had put the spotlight on "love jihad", a controversial term coined by fringe outfits to describe cases of what they believe are forced marriages between Muslim men and Hindu women.

Hadiya is now pursuing her medical course from Shivaraj Homeopathy Medical College in Tamil Nadu's Salem after Supreme Court's direction in November, 2017. Shafin Jahan could be an extremist.

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Asokan said he would also consider filing a review petition in connection with the apex court order.

The Court further held that Hadiya was free to pursue her future endeavours according to her will and that the NIA may continue its investigation into alleged cases of Islamic conversion in Kerala as per law.

However, the agency could not investigate the Hadiya's marital status, the court said, reiterating a stand it had taken earlier.

Hadiya was known as Akhila Asokan before she converted. Earlier the top investigative agency had said that it did not try and portray Hadiya's husband as a terrorist in a bid to mislead Hadiya.

Earlier, the Supreme Court, in a strong observation, had said that the National Investigative Agency (NIA) can not probe the marriage of an adult woman "who married out of her own free will".

Hadiya, a resident of Kerala, had reverted to Islam and married a Muslim.

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