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The curious case of Hadiya

09 March 2018
The curious case of Hadiya

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.

The Supreme Court has set aside the Kerala High Court order annulling the marriage of Hadiya in Kerala "love jihad" case.

A Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud passed the judgment a few minutes ago.

The matter had come to fore when Jahan had challenged the Kerala High Court's order annulling his marriage with Hadiya and sending her to her parents' custody.

Advocate Maninder Singh, the lawyer appearing for the NIA, submitted to the Supreme Court that the probe is nearly complete in the case.

March 6 (ANI): Hadiya's father, KM Ashokan on Tuesday filed an affidavit in the Supreme Court in connection with the alleged Kerala love jihad case. On May 24, 2017, the Kerala HC declared the marriage a "sham", directing that she be returned to the "custody" of her parents.

She further told the apex court, "I want freedom".

The NIA had earlier denied the allegations that it had behaved with Hadiya with a prejudice as if she is a criminal or a terrorist.

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.

Siding with the young couple, the SC has consistently maintained that two consenting adults have the right to decide whom to marry, irrespective of whether the State approves of it or not.

The Supreme Court also said that a marriage could not be cancelled on the basis of Habeas Corpus petition.

Her family alleged she was brainwashed as part of an anti-Hindu conspiracy, prompting a lower court to annul the marriage.

She was summoned to testify by the top court on whether she had been forced to convert.

"Today's Supreme Court verdict is not complete".