Supreme Court upholds Hadiya's marriage, sets aside Kerala HC order

Posted March 09, 2018

Born as Akhila in a Hindu family, the medical student had converted to Islam and changed her name to Hadiya before marrying Shafin Jahan, a Muslim man.

The Supreme Court has nullified the high court order that had cancelled the marriage between Sheffin Jahan and Hadiya, who is allegedly a victim of Love Jihad. The case was heard by a bench comprising of Chief Justice of India Dipak Misra.

Mar 8: SC restores Hadiya's marriage with Shafin Jahan, sets aside Kerala HC's annulment order. During the hearing, the apex court also observed that the High Court did not have the right to annul the marriage and restored it.

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The court however said that it would not interfere with NIA probe in the Love Jihad case.

Oct 7: Kerala govt tells SC that Muslim marriage case didn't warrant NIA probe. On May 24, 2017, the Kerala HC declared the marriage a "sham", directing that she be returned to the "custody" of her parents.

In a fresh affidavit, Mr. Asokan said that his daughter was a "vulnerable adult" and she "abjectly surrendered herself to complete strangers who adopted her into their fold, offering her shelter and protection and further imparted religious indoctrination in an isolated environment".

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Law's excesses had entered Hadiya's life long before her marriage.

Hadiya had recently filed an affidavit before the top court claiming that she had willingly converted to Islam and wanted to live with Jahan as his wife. No, there isn't." Per a report in the website, the current chief justice of India, who had earlier observed that this was one of the "most complicated cases" he had come across, observed on Thursday: "We can not go into the neurological aspect of consent.

"When I filed the habeas corpus at the court, my daughter was not married". A top court bench allowed Ms Jahan to leave her father's custody and resume her studies in November. She was however not allowed to unite with her husband.

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