SC sets aside Kerala HC order annulling Hadiya's marriage

09 March, 2018, 09:29 | Author: Kim Reid
  • LOVE_JIHAD_Revised

In 2017, when Hadiya was forced under house arrest because she married a Muslim man and changed her religion, the country roiled up with questions that challenged theology, the courts, and humanity.

The Apex Court cancelling the Kerala High Court order annulling the 24-year-old Hadiya's marriage to Muslim man after converting to Islam.

A bench headed by Chief Justice Dipak Misra gave judgement on a petition filed by Hadiya's husband Shafin Jahan, challenging the High Court order annulling their marriage.

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Hadiya, in her affidavit before the top court, had earlier said that she converted to Islam and married Jahan on her own and wanted to remain like that. SC orders Kerala Police to share with NIA the probe details of the case described by the HC as an instance of "love jihad".

The high court then handed over Hadiya's custody to her father arguing that "As per Indian tradition, the custody of an unmarried daughter is with the parents, until she is properly married".

Mar 8: SC restores Hadiya's marriage with Shafin Jahan, sets aside Kerala HC's annulment order. He also sought a recall of the court's order of 16 August, directing the NIA to investigate the controversial case of her conversion and marriage with him.

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The Supreme Court in its verdict said the girl had appeared before the court on November 27 and admitted her marriage.

Earlier this week, Hadiya's father KM Asokan claimed before the apex court that his efforts prevented his daughter from being transported to "extremist-controlled territories" of Syria to be used as a "sex slave or a human bomb". We clarify that the investigations by the NIA in respect of any matter of criminality may continue in accordance with law. "I respectfully reiterate that I am a Muslim and I want to continue to live as a Muslim ..."

The agency completely denied allegations by Ms. Hadiya that it was prejudiced against her and was trying to "mislead her, portraying Mr. Shafin Jahan as a terrorist".

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