Supreme Court sets aside Kerala HC order, upholds Hadiya, Shafin's marriage

Love Jihad. Courtesy News18

Reacting to the decision of the Supreme Court to restore the marriage of Hadiya Jahan, a woman whose marriage to a Muslim man after converting from Hinduism to Islam had been annulled by the Kerala High Court, Amnesty International India's Programmes Director Asmita Basu said.

Earlier in January thi year Supreme Court allowed the National Investigating Agency (NIA) to probe all the aspects, except Hadiya's marriage to Shafin Jahan.

Reading out the operative part of the Supreme Court order, Chief Justice of India Dipak Misra said Hadiya was summoned to the court where she admitted her marriage to Shafin Jahan.

The court was hearing the final arguments in the appeal filed by Shafin against the Kerala HC judgment nullifying the 24-year-old homeopathic student's marriage with him. He said he would continue his legal battle and claimed NIA was continuing with its probe because it was convinced Shefin was a terrorist.

She added that she had been kept in "unlawful custody" by her parents. In August 2010, after completing school, she went to Salem to study. Kapil Sibal, who, in the triple talaq case argued that triple talaq should not be abolished, was appearing for Hadiya and brilliantly defending her liberty. During the hearing, the CJI added that he had never come across such a case before and said that they can not go into the neurological aspect of the consent by a sound adult mind.

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Oct 30: SC asks Hadiya's father to produce her on November 27.

Hadiya, in her affidavit before the top court, had earlier said that she converted to Islam and married Jahan on her own and wanted to remain like that.

The high court had annulled the marriage on a habeas corpus petition filed by Asokan, who hails from Vaikom in Kottayam district. Hadiya (also known as Akhila) was completely brainwashed.

The SC said that Hadiya can't be in anyone's custody and she is free to follow her pursuits.

But she was presented in the court after her marriage.

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