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Hadiya case: Supreme Court to hear father's plea today

09 March, 2018, 02:41 | Author: Christina Hansen
  • Kerala 'Love Jihad' Case: Hadiya Wins Freedom, Supreme Court Validates Her Marriage

The SC bench restored her marriage with her husband Shafin Jahan.

The apex court had in August past year asked the NIA to probe the case of conversion and marriage of Hadiya, as the agency claimed a "pattern" was emerging in Kerala.

"The marriage is legal and the high court doesn't have the right to cancel such a marriage", said Chief Justice Dipak Mishra, who passed the order in response to the petition filed by Sheffin Jahan.

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

Jahan had moved the apex court after the Kerala high court annulled the marriage.

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The apex court, however, allowed the National Investigation Agency to continue their investigation into the allegations of love jihad.

"She can complete her studies, live with whosoever she wants". Whether it is right or wrong, or she (Hadiya) did not marry a right person, it is for the consenting individuals to decide.

Feb 22: SC questions whether the HC could nullify a marriage and if a roving inquiry could be ordered into the issue of consent between two adults to marry.

Hadiya last month in an affidavit had informed the Apex Court that she embraced Islam and married to Shafin Jahan on her own will.

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

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By setting aside the Kerala High Court's decision that described the marriage as a "sham", the order also marks an important course correction. She was however not allowed to unite with her husband.

But she was presented in the court after her marriage.

Shafin and Hadiya claimed they met in August 2016 on a matrimonial website and married in December 2016.

Hadiya is now pursuing her medical course from Shivaraj Homeopathy Medical College in Tamil Nadu's Salem after Supreme Court's direction in November, 2017.

The Court had earlier stated that it would pronounce the operative part of its judgment in the case at 2 pm today and that the detailed order would be made public later.

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