Hadiya case: SC to examine if HC can annul marriage

04 October, 2017, 00:30 | Author: Garry Little
  • Supreme Court asks if Kerala High Court exceeded its reach in alleged 'Love Jihad case'

The issue pertained to Akhila, alias Hadiya, a 26-year-old Hindu woman whose conversion to Islam and subsequent marriage to a Muslim youth has triggered a national debate on whether "love jihad", deceptive conversion, was a political truth or a social myth.

Tamil Nadu-based lawyer Greeshma Rai said the court, government, political parties and the society refuse to acknowledge the fact that Hadiya is an adult who has the right to do what she likes.

The apex court said that it will examine the issues in the course of the hearing of an application by Jahan seeking the recall of an earlier order by which the court had entrusted the investigation into the entire matter to the National Investigation Agency (NIA).

On behalf of the NIA, Additional Solicitor General Tushar Mehta opposed it, saying it was the court which ordered the NIA probe and there was a pattern to conversions and such marriages in Kerala.

Appearing for Jahan on Tuesday, senior counsel Dushyant Dave vociferously contested the order for NIA probe saying "it struck at the very foundation of this multi-religious society" and was "sending awful signals across the world".

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A Bench headed by Chief Justice of India Dipak Misra posed the question during hearing of a petition filed by Shafin Jahan (27), the man who married Akhila, a Hindu girl, after she converted to Islam and became Hadia. "Women are not being viewed as individuals who have political choices", she said.

"This NIA probe shakes the very foundation of this multi-religious country". He said it has sent bad signal the world over.

Earlier in August, the NIA began investigation into the case following the top court's orders.

He said despite Justice Raveendran declining to supervise the probe, the NIA was preceding with the investigation and it was reported that the NIA has already found a "link". The ruling was a low for everyone who talks about freedom and women's rights because a woman was not allowed to exercise her right to get married to the person she chose, or to convert to a religion she wanted to follow.

Her father moved the Kerala High Court and claimed his daughter was indoctrinated and forcibly converted. It was alleged that the woman was recruited by the ISIS's mission in Syria and Jahan was only a stooge.

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