Supreme Court restores Hadiya-Shafin Marriage

09 March, 2018, 09:30 | Author: Genevieve Gibbs
  • LOVE_JIHAD_Revised

"Shafin Jahan is my husband, I want to continue to live as wife of my beloved husband and that I embraced Islam and married him on my own free will", she had said in her 25-page affidavit.

The Supreme Court of India on Thursday set aside the Kerala High Court's order which annulled Hadiya and Shafin Jahan's marriage.

Giving this indication a three-judge Bench of Chief Justice Dipak Misra and Justices AM Kanwilkar and DY Chandrachud also disapproved the Kerala High Court's order nullifying the marriage.

The Supreme Court overturned the order of a lower court and reinstated the marriage of the 24-year-old woman, who had converted to Islam and changed her name to Hadiya, from Akhila earlier.

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The NIA, too, had said previously that Hadiya and Jahan's marriage could be classified as a case of "love jihad".

The Kerala High Court had, in May 2017, declared her marriage null and void.

By Kunzes GobaHadiya and Shafin Jahan.

In November 2017, the top court directed Hadiya to resume her internship, and that she was free to meet whomever she wanted. No one has the locus to challenge marital status of two consenting adults. The Supreme Court had also said that the Dean of the university will act as her local guardian there.

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

However, according to initial reports, the probe by the National Investigation Agency will continue into the accusations of "love jihad", but not of this particular marriage. The Bench said that there was a roving inquiry by the Kerala High Court into Hadiya's marriage.

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.

"In the facts and circumstances of the case, the high court could not have annulled the marriage, " the top court said.

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The court refused her permission to live with Shefin and asked the police to investigate all the facts of the marriage.

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