March 24, 2018

'Love jihad' case: SC restores Hadiya's marriage to Shafin Jahan

09 March 2018, 02:40 | Marlene Fleming

Kerala 'Love Jihad' Case: Hadiya Wins Freedom, Supreme Court Validates Her Marriage

The matter came to the fore when Shafin Jahan Hadiya's husband had challenged a Kerala High Court order annulling his marriage with her and sending the woman to her parents custody. File

She had earlier told the apex court that she had willingly converted to Islam and wanted to remain a Muslim.

The Supreme Court on Thursday restored the marriage of Hadiya with her husband Shafin Jahan.

The SC also observed that the High Court should not have annulled the marriage in a habeas corpus petition.

Acting on a plea filed by her father, who alleged his daughter was being indoctrinated and may be taken overseas by extremist Islamic organizations, the Kerala high court annulled her marriage on 25 May 2017 and sent her to her parents' home, triggering an uproar.

K M Asokan, Hadiya's father, reiterated on Thursday that her marriage with Shefin Jahan was "bogus" and claimed that the Supreme Court has not discounted his allegations against Shefin.

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The top court asked the NIA to probe the marriage and ordered Hadiya to appear before the court.

Vaikkom: Hadiya's father Ashokan said that the Supreme Court might have asked the NIA to continue with the investigation because they believe he is a terrorist. On May 24, 2017, the Kerala HC declared the marriage a "sham", directing that she be returned to the "custody" of her parents. In August 2010, after completing school, she went to Salem to study.

Law's excesses had entered Hadiya's life long before her marriage. The court said when it interacted with Hadiya it found that she had exercised her free consent in getting married.

During the hearing, the SC bench reiterated that the court can not intervene in the case of a marriage between two consenting adults. Following this, her father approached the Kerala High Court, alleging that she had been forcibly converted. He further claimed that Hadiya was being tortured by her family and urged the apex court to listen to her. She was however not allowed to unite with her husband.

The Court had earlier stated that it would pronounce the operative part of its judgment in the case at 2 pm today and that the detailed order would be made public later.

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