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

09 March, 2018, 09:30 | Author: Kristen Ingram
  • 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

Oct 3: SC says it would examine whether HC can exercise its power under writ jurisdiction to annul the marriage of a Muslim man with a Hindu woman who had converted to Islam before tying the nuptial knot.

On the afternoon of 8 March, 2018, the SC set aside the annulment of Hadiya's marriage to her husband, Shafin Jahan, criticising the Kerala High Court for intervening in the relationship of "two consenting adults".

A bench of Chief Justice Dipak Misra and justices A.M. Khanwilkar and D.Y. Chandrachud, however, said that the National Investigation Agency may continue its investigation in the matter.

The court also ruled that the Kerala High Court should not have annulled Hadiya and Shafin Jahan's marriage.

Hadiya filed an affidavit in the Supreme Court stating that she is a Muslim and wanted to remain as a Muslim.

In the course of the arguments on Thursday, senior counsel Kapil Sibal, appearing for Shafin Jahan, submitted nine propositions of law to be addressed before looking into the case on facts.

According to NewsMinute, during the hearing, the Supreme Court bench reiterated that the court can not intervene in the case of a marriage between two consenting adults.

Previously known by her Hindu name Akhila Asokan, Hadiya Jahan has always insisted that she acted out of her own free will. "I will try to convince the court about it once again", he said.

Mr. Asokan's affidavit had mentioned that Ms. Shirin and her husband Mr. Fasal had interacted with Ms. Hadiya in 2015 and even tried to send her to Yemen. Her family, however, didn't allow her to live with him.

However, Hadiya's father has alleged that his daughter was brainwashed and forcefully converted to Islam.

Talking to ANI, Hadiya's father's lawyer said, "Hadiya's father has filed an affidavit today in the Supreme Court". Earlier the top investigative agency had said that it did not try and portray Hadiya's husband as a terrorist in a bid to mislead Hadiya.

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