Hadiya case: SC upholds marriage, raps Kerala HC order; top 10 developments

Sheri Evans
March 9, 2018

"The court has no right to annul marriage between consenting adults", three judges of the supreme court, headed by the chief justice of India, Dipak Misra, said in an interim order. It is important to recall that Kerala HC had annulled Hadiya's (formerly Akhila Ashokan) marriage to Shafin Jahan by calling it a matter of "Love Jihad".

He was responding to the apex court order which set aside an earlier high court judgement that annulled the marriage. The NIA is looking into the "love jihad" angle of the case even though Hadiya has vehemently denied the charges. The Bench said that there was a roving inquiry by the Kerala High Court into Hadiya's marriage. The court also told the NIA that it can carry on the investigation, but it shouldn't probe into the marriage.

She added that she had been kept in "unlawful custody" by her parents.

On August 25 2016, the Kerala High Court sent Hadiya to a hostel for working women in Ernakulam and directed the police to the antecedents of Sathya Sarani and Popular Front of India leader Sainba, whom Hadiya had met at the conversion centre and with whom she was now now living. The Supreme Court bench also said that they had arrived at the decision after speaking to Hadiya, who said that she had willingly entered into the marriage. Most importantly, Hadiya deserves to be compensated for the trauma and humiliation she was subjected to by the judiciary and the state.

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In her affidavit, Ms. Hadiya said that she had married Mr. Jehan on her own will and sought the court's permission to "live as his wife".

While the SC verdict is being celebrated, the very fact that the top court of the country had to step in to rule that marriage between two consenting adults is valid is worrisome. She was however not allowed to unite with her husband.

Any father will be concerned and scared to marry of his daughter to a terrorist. He further claimed that Hadiya was being tortured by her family and urged the apex court to listen to her.

The Court had earlier stated that it would pronounce the operative part of its judgment in the case at 2 pm today and that the detailed order would be made public later.

Other reports by TheSundaySentinel

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