Kerala 'Love Jihad' Case: Hadiya Wins Freedom, Supreme Court Validates Her Marriage
The Court said that Hadiya cannot be in anyone’s custody and that she can willingly follow her pursuits.
New Delhi, March 8: The Supreme Court on Thursday ruled out Kerala High Court’s order and restored Hadiya's marriage. The Kerala High Court’s order had annulled her validity of the marriage. The Court said that Hadiya cannot be in anyone’s custody and that she can willingly follow her pursuits.
In what is believed to be a victory of Love over Jihad, the Supreme Court set aside Kerala Court’s order on Love Jihad’s and said it was wrong in annulling Hadiya’s marriage. A bench comprising Chief Justice Dipak Misra and justices A M Khanwilkar and D Y Chandrachud, however, said that the National Investigation Agency (NIA) may continue its investigation in the matter.
The Supreme Court on Tursday said that nothing remained with court to decide after Hadiya expressed her willingness. The Apex Court said that Hadiya can complete her studies and can follow her future endeavours at her will.
Kerala woman Hadiya had earlier said that she wanted to be with her husband, as she was whisked away by her parents and security personnel to board a flight to Delhi. "I was not forcibly converted. I was not forced to marry. Shafin Jahan is my husband. I should get justice. I am a Muslim. I want to be with my husband," the 25-year-old woman, wearing a headscarf, shouted to media persons as she was being taken inside the Nedumbassery airport in Kochi amid tight security.
To recall, the apex court had in August last year asked the NIA to probe the case of conversion and marriage of Hadiya, as the agency claimed a “pattern” was emerging in Kerala. 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.
The Supreme Court had on January 23 made it clear that the National Investigation Agency cannot probe the marital status of Hadiya and Jahan. "She (Hadiya) had come before the court and said that she had married him (Jahan). Whether the person she has married is a good human being or not, it is for her to decide," the bench had said, adding "She is an adult. How can anyone say that she cannot marry X, Y or Z?"
"Marriage has to be separated from criminal conspiracy and criminal aspects, otherwise it would create a bad precedent in law. They (NIA) cannot investigate into the marital status," the top court had observed.
(The above story first appeared on LatestLY on Mar 08, 2018 02:40 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).