Tuesday, 25 September, 2018

Supreme Court restores Hadiya-Shafin Marriage

Love-jihad case Latest india news Love-jihad case Supreme Court sets aside Kerala HC order restores Hadiya Shafin marriage
Glenn Montgomery | 09 March, 2018, 09:30

The Supreme Court has nullified the high court order that had cancelled the marriage between Sheffin Jahan and Hadiya, who is allegedly a victim of Love Jihad. The case was heard by a bench comprising of Chief Justice of India Dipak Misra.

The order of the Supreme Court was passed on an appeal filed by Jahan who had challenged the order of the Kerala High Court which had annulled the marriage while terming it as a sham.

Meanwhile, Hadiya's father KM Asokan said he would consider moving a review petition in the Supreme Court against its judgement setting aside a Kerala HC order annulling her marriage.

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 top court had in November 2017 freed Hadiya from her parents and sent her to persue her studies. The SC bench restored her marriage with her husband Shafin Jahan.

During the hearing, the SC bench reiterated that the court can not intervene in the case of a marriage between two consenting adults.

The apex court said, "The government can curb crime but not put restriction on marriage and personal decisions. Hadiya is at liberty to pursue her endeavours".

The couple were "material and crucial witnesses" and had left India before the NIA took over the probe under the orders of the Supreme Court in August 2017. Jahan on September 20 approached the apex court seeking recall of its order directing the NIA to investigate the controversial case of conversion and marriage of Hadiya.

Law's excesses had entered Hadiya's life long before her marriage. Hadiya born Akhila Ashokan married Shefin after converting to Islam.

The court however, said that an NIA investigation into the criminal dimension into the case, if any, would continue. 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. "I respectfully reiterate that I am a Muslim and I want to continue to live as a Muslim ..."

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