Published: Fri, March 09, 2018
Worldwide | By Victor Meyer

Supreme Court upholds Hadiya's marriage

Supreme Court upholds Hadiya's marriage

Hadiya, who was born a Hindu, had married Shefin Jahan, a Muslim man, in 2016.

The Supreme Court on Thursday allowed Hadiya to live with her husband Shefin Jahan, setting aside a Kerala High Court order.

A bench headed by Chief Justice Dipak Misra, in a brief operative order said it was restoring Hadiya and Jahan's marriage, as it had interacted with the former and found that she had exercised her consent in getting married.

In November, the court had allowed Hadiya to resume her studies at a homeopathic college in Tamil Nadu's Salem, after she was placed under her parents' custody since her marriage was annulled last May. "We can't stand in the (their) way", said Justice D Y Chandrachud as senior counsel Shyam Divan justified the Kerala High Court annulling Hadiya's marriage. The Court said that Hadiya cannot be in anyone's custody and that she can willingly follow her pursuits. Shafin Jahan is my husband.

Earlier, the Supreme Court, in a strong observation, had said that the National Investigative Agency (NIA) can not probe the marriage of an adult woman "who married out of her own free will".

While upholding the marriage, the court however told the NIA that it could continue its probe into the Love Jihad case.

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In January, the Supreme Court had directed the NIA that it could not go into the marital status of Hadiya, after saying that she was an adult.

Hadiya's father, KM Ashokan, has refused to give up, and cited the NIA continuing the probe as proof that the investigative body thinks Shafin Jahan is a terrorist.

The apex court said, "The government can curb crime but not put restriction on marriage and personal decisions". At that time, the apex court had not yet made a statement about the status of her marriage.

Mr. Asokan's affidavit had mentioned that Ms. Shirin and her husband Mr. Fasal had interacted with Ms. Hadiya in 2015 and even tried to send her to Yemen.

"She can complete her studies, live with whosoever she wants".

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