SC restores Hadiya's marriage

Salem: Hadiya, whose marriage to Shafin Jahan was restored by the Supreme Court, started for Malappuram along with her husband on Friday.

In response, the Kerala high court had annulled Hadiya's marriage, placing her in the custody of her father after the prosecutors said they feared for her well-being. Though the evidence was led on various issues, the Supreme Court had specifically restricted itself to only deciding on the issue of the annulment of marriage, and whether the High Court could annul a marriage between two consenting adults.

The judges, acting on a petition filed by Jahan challenging the HC order, said they were reviving the marriage convinced after the interaction with Hadiya on November 27 a year ago in open courtroom during which she admitted the marriage and indicated that she had exercised her free consent.


The HC had in May 2017 annulled the marriage terming it as an instance of "love jihad", following which Jahan had approached the SC. Akhila, an adult and mentally fit woman, had chosen to convert to Islam, and then chosen her partner Shefin Jahan.

During the hearing, the top court asked National Investigation Agency to investigate whether there was a pattern or an organised effort behind these conversions and marriages. The Supreme Court ordered an independent investigation. This Judgement also means that the argument that the marriage was merely a means to traffic Hadiya and take her out of the country was not accepted by the Court.

Kerala police chief Loknath Behera confirmed that a list of 89 such cases, finally pruned to 11, was shared with the National Investigation Agency by the local police.


"Presently National Investigation Agency is not an impartial body (but) still good and honest officers are serving in it who I personally know", said Shareef, HT reported.

"The Supreme Court has not cancelled the NIA investigation". NIA is free to probe IS luring or coercing people to join it, but we are not well served by lazy Islamophobic associations that link terrorism and threat with marriages.

"We accept the apex court's order as the law has to be respected. We have interacted with the girl", Justice Misra said.


Additional Solicitor General Maninder Singh, appearing for the NIA, claimed that "marriage" in this case "was a disguise to further an offence".

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