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'Personal relationships are core of India's plurality': Supreme Court restores Hadiya's marriage

09 March, 2018, 02:44 | Author: Greg Wolfe
  • Kerala 'Love Jihad' Case: Hadiya Wins Freedom, Supreme Court Validates Her Marriage

Hadiya, a resident of Kerala, had reverted to Islam and married a Muslim.

The Supreme Court today said that Hadiya's marriage with her husband Shafin Jahan is legal and valid, and a relationship she has formed of her free will and consent.

The Bench was headed by Chief Justice of India Dipak Misra, DY Chandrachud and AM Khanwilkar.

The Supreme Court on Thursday ruled out Kerala High Court's order restored the marriage of Hadiya.

Hadiya had made a personal appearance in the apex court in November previous year, when she reiterated that she had converted to Islam out of her own choice and she wished to be united with her husband. The NIA, on the other hand, has said that its probe into the matter is nearly complete.

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SC set aside Kerala High Court order. This is a case where the Kerala HC had decided that a 24-year-old woman was "weak" and "vulnerable" because she didn't excel in academics.

The NIA had earlier denied the allegations that it had behaved with Hadiya with a prejudice as if she is a criminal or a terrorist.

The apex court said its decision was based on Kerala native Hadiya's statement that she had converted to Islam from Hinduism of her own free will. Jahan on September 20 approached the apex court seeking recall of its order directing the NIA to investigate the controversial case of conversion and marriage of Hadiya. "How can the HC annul a marriage between two consenting adults under Article 226 of Constitution of India", he asked referring to an earlier order by the Kerala High Court.

An investigation was opened by the Supreme Court and she was summoned to testify if she was forced to convert.

Five months later in May 2017, the court nullified Hadiya's marriage and sent her back to the custody of her parents. Respondent No.9, Hadiya alias Akhila Asokan is at liberty to pursue her future endeavours according to law. Hadiya's father had claimed that Shefin had ISIS links.

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