SC restores the marriage of Hadiya, sets aside the Kerala HC verdict

09 March, 2018, 09:29 | Author: Diane Mills
  • Kerala 'Love Jihad' Case: Hadiya Wins Freedom, Supreme Court Validates Her Marriage

She also requested the Supreme Court to restore are liberty by allowing her to stay with Jahan as husband and wife.

The Supreme Court on Thursday upheld the marriage of Hadiya, a 26-year-old Kerala woman who converted to Islam, to Shafin Jahan, overturning a high court order that annulled the marriage as sham.

In August, the Supreme Court ordered a probe by the National Investigation Agency into Hadiya Jahan's conversion and marriage, but subsequently raised questions about the High Court order annulling the marriage.

Meanwhile, Hadiya's father KM Asokan said he would consider moving a review petition in the Supreme Court against its judgement setting aside a Kerala HC order annulling her marriage.

Earlier, Hadiya's father had claimed before the Supreme Court that his efforts prevented his daughter from being transported to "extremist-controlled territories" of Syria to be used as a "sex slave or a human bomb".

More news: Delegates endorse lifting term limits for China's presidency

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". However, the apex court said the NIA can continue its investigation.

Feb 20: Hadiya files affidavit in SC saying she had willingly converted to Islam and wanted to remain a Muslim. She also sought permission to live with her husband Shafin Jahan. Maninder Singh, the lawyer appearing from NIA has said that the probe into the investigation is nearly complete. The SC also said Hadiya is free to pursue her future endeavours as per law.

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".

In a judgment that infantlilised an adult citizen of a democracy, the court said: "A girl aged 24 years is weak and vulnerable, capable of being exploited in many ways". The Bench said that there was a roving inquiry by the Kerala High Court into Hadiya's marriage.



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