SC restores Hadiya's marriage

09 March, 2018, 09:31 | Author: Bert Pena
  • Hadiya the 24-year-old woman who was born to a Hindu couple in Kerala made headlines after she converted to Islam and married a Muslim man against wishes of her parents

Akhila Ashokan popularly known as Hadiya, a 24-year-old woman from Kerala who converted to Islam to marry a Muslim man, will now live with her husband, the Supreme Court ruled on Thursday.

Before a three judge bench headed by Chief Justice Dipak Misra, Hadiya Jahan said that she wanted her freedom and to see her husband, who would support her financially.

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

The Hadiya-Akhila case began in January 2016, when her parents reported her missing.

Advocate Maninder Singh, the lawyer appearing for the NIA, submitted to the Supreme Court that the probe is nearly complete in the case.

Hadiya's father said he will consider to file a review petition in the court.

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The Supreme Court held that the high court could not annul the marriage under article 226 of the Constitution of India and also based its contentions on Hadiya's statements in the court, recorded in November previous year. At that time, the apex court had not yet made a statement about the status of her marriage.

In a submission to the high court, Hadiya rejected the allegations against her husband by the anti-terror investigations agency, before appealing against the decision to the Supreme Court. The probe into the cases of Love Jihad by a well oiled network in Kerala would however continue, the Bench said.

In its ruling in the Kerala "love jihad" case, the SC asked the National Investigation Agency (NIA) to continue its probe without interfering in the marriage of Hadiya and Jahan.

The court refused her permission to live with Shefin and asked the police to investigate all the facts of the marriage.

In November, a top court bench allowed Ms Jahan to leave her father's custody and resume her studies. It is to be hoped that the SC striking down the Kerala HC judgment will lead to court verdicts upholding justice alone in the face of societal biases and political pressures, in the future.



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