February 24, 2018

Love Jihad: Hadiya told to appear in SC on Nov 27

31 October 2017, 12:48 | Marlene Fleming

Kerala 'Love Jihad' case: SC says 'consent of girl is prime, she is a major'

Hadiya Case

In May, the Kerala High Court had annulled the marriage.

The woman, a Hindu, had converted to Islam and later married a man called Shafin Jahan. She was allegedly recruited by the Islamic State terrorist group and her husband was only a stooge. A new application had been filed in the high court.

The apex court was considering the petition filed by Shefin Jahan questioning Kerala High Court order annulling his marriage with Hadiya.

"There are many extremists painting India and the Supreme Court as anti-Muslim". The annulment of a marriage requires a civil trial. "This court shall speak to her not in camera but in open court", the bench said. "I will produce Hadiya before the court on November 27", he said. There is no law stating that a person can't marry a criminal. The NIA had been brought into the picture by a bench headed by former Chief Justice JS Khehar on August 24, when it asked the agency to investigate whether there was a larger trend of religious indoctrination in Kerala.

It was the Supreme Court, which had directed the NIA to probe the matter to examine if the marriage between Hadiya and Shafin Jahan amounted to Love Jihad. The court refused to accept this. "He pushes me, stamps at me", said Hadiya.

The apex court observed that the consent of the girl is prime in this regard, adding that she is a major.

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"Unfortunately, the next hearing will only be held on 27 November, which will prolong Hadiya Jahan's five-month-long unlawful confinement at her parents' house for another month". In a recent video made by social activist Rahul Eashwar in Kochi, Hadiya had said that her father was ill-treating her and that there was a threat to her life.

The ASG said: "We have to decide it within two or three hearings and the high court must know the fact that she does not want to be with her father". She claimed he was physically assaulting them.

"You need to get me out". Today or tomorrow, I am going to die. My father is getting angry, I can make out. When I walk, he is pushing me and kicking me.

Eswar said he had not released the entire video because it could cause communal tensions.

She was never under house arrest.

"Although this direction comes quite late, I am happy that the court has taken the decision".

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