Supreme Court Sets Aside Kerala HC Decision, Restores Hadiya's Marriage

| March 8 , 2018 , 16:06 IST

The Supreme Court of India on Thursday set aside the Kerala High Court order and allowed Hadiya to live with her husband Shefin Jahan. The apex court ruled that Hadiya was free to persue her future endeavors in accordance with the law. Hadiya born Akhila Ashokan married Shefin after converting to Islam.

The Kerala High Court had annulled Hadiya’s marriage with Shefin Jahan in May 2017 after her family alleged that she was kidnapped and forced to convert to Islam for the purpose of terror recruitment calling it a case of Love Jihad. Hadiya’s father had claimed that Shefin had ISIS links. The Supreme Court then ordered an NIA probe in the incident.

Also Read: NIA Can't Probe The Marital Status Of Hadiya, Says SC On 'Love Jihad Case'

A three-judge bench headed by Chief Justice of India Dipak Misra said the Kerala High Court should not have annulled the marriage. Last month the bench had said that the NIA couldn’t probe the marital status of Hadiya.

“We are not concerned with it whether you carry on your investigation or arrest someone. A marriage has to be separated from any criminal action, aspect or conspiracy, otherwise we will be creating the bad precedent,” the bench had observed.   

In an affidavit filed before the top court, Hadiya had submitted that she had married out of her own free will and sought permission to live with Shefin Jahan as his wife. The top court had in November 2017 freed Hadiya from her parents and sent her to persue her studies. She was however not allowed to unite with her husband.