Kerala 'love jihad': SC questions high court order annulling Hadiya's marriage

Kerala 'love jihad': SC questions high court order annulling Hadiya's marriage

Kerala 'love jihad': SC questions high court order annulling Hadiya's marriage

The Court also disapproved the Kerala HC's order nullifying the marriage of Shafin Jahan with a Hindu girl Hadia alias Akhila.

The apex court said that it would examine the question as to whether the Kerala High Court can annul the marriage of a Muslim man with a Hindu woman, who had converted to Islam before tying the nuptial knot, by exercising its power under the writ jurisdiction.

Senior Advocate Dushyant Dave, appearing for Jahan, argued that in a multi-religious society the apex court should not have ordered NIA investigation in the case and urged for an urgent hearing on the plea seeking recall of the order.

The CJI asked Dave not to raise his voice but to advance logical and legal arguments.

When SC was told that the father of the girl was also against the marriage, CJI said father can not decide whether the girl is mature or not.

While hearing a plea of Shafin Jahan from Kerala, the Supreme Court on 3rd October said that a father can not dictate the personal life of a 24-year-old daughter. "We may appoint a custodian or send her somewhere safe".

Shafin Jahan has challenged the high court's decision and has also questioned the Supreme Court's permission to the National Investigation Agency to examine his marriage.

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Earlier in August, the NIA began investigation into the case following the top court's orders.

Commission chairperson M.C. Josephine said the Supreme Court's observations in the case on Tuesday was a stark reminder that protection should not impede on the individual rights of any citizen. The court has questioned the Kerala High Court's ruling in the case.

Hadiya, who was born as Akhila Ashokan, is in her father's custody in Thiruvananthapuram, with many activists alleging that she is being tortured by her family. "Whether this should be the objective of my life". Rahul Easwar has also gone on to say to NDTV that the Detenue told him, that "she wants to live and die as a Muslim".

"State is not in appeal, father is not in appeal, NIA is not in appeal".

Justice RV Ravindran, a retired judge of the apex court, is supervising the investigation.

Since then, Hadiya is said to have been put under virtual house arrest by her parents, following which a group of people had petitioned Kerala Chief Minister Pinarayi Vijayan demanding a probe into the alleged incarceration.

She remains to be in the custody of her father against her will and that he has completely cut off any and all contact between the Detenue and the outside world.

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