Published: Fri, March 09, 2018
World News | By Laverne Osborne

Love-jihad case: Supreme Court restores Hadiya's marriage

Love-jihad case: Supreme Court restores Hadiya's marriage

Hadiya had converted to Islam before marrying Shafin Jahan in Kerala.

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

A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud passed the judgment saying that Hadiya can't be in anyone's custody and that she is free to follow her pursuits.

The apex court has said that it would examine whether the Kerala high court was correct in annulling Hadiya's marriage to a Muslim man.

In November, the Supreme Court had said that Hadiya can leave her parents' house and go back to college in Tamil Nadu.

In a submission to the high court, Hadiya rejected the allegations against her husband by the anti-terror investigations agency, before appealing against the decision to the Supreme Court.

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During the hearing, the SC bench reiterated that the court can not intervene in the case of a marriage between two consenting adults.

Previously known by her Hindu name Akhila Asokan, Hadiya Jahan has always insisted that she acted out of her own free will. "I have no doubts that it was bogus", Asokan said.

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

The Apex Court, however, said, that the National Investigating Agency's (NIA) probe into the alleged love Jihad case would continue and be taken to its logical conclusion by the agency in accordance with law and as per the statute. The Bench said that there was a roving inquiry by the Kerala High Court into Hadiya's marriage. Appearing for the NIA, lawyer Maninder Singh had submitted to the Supreme Court that the probe has nearly been completed.

The affidavit stated, "I embraced the religion of Islam on my choice after studying about Islam and thereafter I married a person, namely Shafin Jahan".

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