SC questions annulment of inter-faith marriage

04 October, 2017, 00:29 | Author: Garry Little
  • Shafin Jahan and Akhila Ashokan, whose marriage was invalidated by HC

But in August 2016 itself, her father had approached high court with a habeas corpus petition, alleging his daughter had been radicalised by some organisations and they had also influenced her to marry a Muslim man so that she is out of the parents' custody forever.

Shafeen Jahan, husband of a woman in the Kerala Love Jihad case, on September 16 filed a plea requesting the apex court to call off the NIA probe, alleging that the investigation agency "is not being fair".

Giving time to the NIA to respond, the Supreme Court scheduled further hearing on the matter onOctober 9.

Shafin Jahan, has filed an another plea in SC challenging the HC order saying it was an "an insult to the independence of woman in India".

Additional Solicitor General Tushar Mehta, representing the NIA, submitted that the order was passed by the apex court to ascertain if it (marriage) was an isolated incident or there was some pattern.

On behalf of Jahan, senior counsel Dushyant Dave questioned the court's order for an NIA probe into the case.

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Hadiya, a homoeopath hailing from Vaikom in Kottayam district, converted to Islam a year ago and married Shafin. The father can not say he should have 24-hour custody of her. "Your lordships have gone beyond the jurisdiction and expanded the proceedings by ordering NIA probe", he said.

The Supreme Court today wondered if a high court could annul a marriage between two adults while hearing a writ petition under Article 226 of the Constitution.

"This NIA probe shakes the very foundation of this multi-religious country".

The SC bench with CJI Dipak Misra also questioned an earlier SC order by Justice Khehar, for an NIA probe in the case. 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. However, since the impugned order of the High Court of Kerala dated May 24, 2017 she has been detained against her will and her rights have been freely violated.

It was alleged that the woman was recruited by Islamic State's mission in Syria and Jahan was only a stooge.

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