SC restores the marriage of Hadiya, sets aside the Kerala HC verdict
ET Online|
Updated: Mar 08, 2018, 03.35 PM IST
What can be seen as a big relief in the kerala 'love jihad' case, the Supreme Court today, restored the marriage of Hadiya by setting aside the earlier Kerala High Court order which had annulled the validity of 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. On November 27 last year, the apex court had freed Hadiya from her parents' custody and sent her to college to pursue her studies, even as she had pleaded that she should be allowed to go with her husband.
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 Bench was headed by Chief Justice of India Dipak Misra, DY Chandrachud and AM Khanwilkar.
Pronouncing the landmark decision that upholds a woman’s right to choose her partner, the court said, “Hadiya is at liberty to pursue her life and NIA will carry on investigation as per law.”
Through its multiple hearings, SC has consistently maintained that Hadiya, a 26-year-old, has the right to make her own choice.
Earlier this week, the father of the woman, who is alleged to be a victim of love jihad, claimed before the apex 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".
The high court had annulled the marriage terming it as an instance of 'love jihad', following which Jahan had approached the apex court.
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. On November 27 last year, the apex court had freed Hadiya from her parents' custody and sent her to college to pursue her studies, even as she had pleaded that she should be allowed to go with her husband.
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 Bench was headed by Chief Justice of India Dipak Misra, DY Chandrachud and AM Khanwilkar.
Pronouncing the landmark decision that upholds a woman’s right to choose her partner, the court said, “Hadiya is at liberty to pursue her life and NIA will carry on investigation as per law.”
Through its multiple hearings, SC has consistently maintained that Hadiya, a 26-year-old, has the right to make her own choice.
Earlier this week, the father of the woman, who is alleged to be a victim of love jihad, claimed before the apex 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".
The high court had annulled the marriage terming it as an instance of 'love jihad', following which Jahan had approached the apex court.
