Hadiya has right to take own decisions: SC will examine nullifying marriage

Toni Houston
October 4, 2017

But in August 2016 itself, her father had approached high court with a habeas corpus petition, alleging his daughter had been radicalised by some organisations and they had also influenced her to marry a Muslim man so that she is out of the parents' custody forever.

Giving time to the NIA to properly respond to the charges made by advocate Dave, the Bench noted that it would hear the matter on October 9.

The apex court said that it will examine the issues in the course of the hearing of an application by Jahan seeking the recall of an earlier order by which the court had entrusted the investigation into the entire matter to the National Investigation Agency (NIA).

The apex court then intervened and asked the NIA to probe the marriage after doubts were raised as this was a case of "love jihad". "This order sends bad signals all over the world", he said.

"Pattern or no pattern, the question is, can the high court annul the marriage by exercising its powers under Article 226 of the constitution", the bench held.

"This NIA probe shakes the very foundation of this multi-religious country".


Shafeen has mentioned in his petition that Hadiya had submitted six affidavits at the Kerala HC stating that she converted to Islam on her own accord, and considering this the SC must order the police to produce Hadiya at the court.

Supreme Court of India on Tuesday asked if the Kerala High Court had exceeded its judicial reach by declaring the marriage of Hadiya, a 24-year-old woman, who had converted to islam after marrying a Muslim man, null and void.

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

As per TV reports, CJI Dipak Misra questioned how the SC (under Justice Khehar) had asked for a NIA (National Investigating Agency) probe in the case. Shafin Jahan has claimed in his pledge that Kerala Human rights commission has received many complaints concerning the detention of woman at her father's house. The court also ordered justice R V Raveendran to supervise the investigation, but he backed off.

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.

Other reports by Ligue1talk

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