Supreme Court sets aside Kerala High Court judgment in Hadiya case

Hadiya coming out of the Supreme Court after a hearing

Hadiya coming out of the Supreme Court after a hearing

In a huge win for Kerala "love-jihad" victim Hadiya, the Supreme Court on Thursday set aside the Kerala High Court order which had annulled the validity of her marriage.

The case concerns Hadiya's conversion to Islam, and her subsequent marriage to a Muslim man Shafin Jahan. The NIA is looking into the "love jihad" angle of the case even though Hadiya has vehemently denied the charges. He further claimed that Hadiya was being tortured by her family and urged the apex court to listen to her.

However, the agency could not investigate the Hadiya's marital status, the court said, reiterating a stand it had taken earlier.

A bench of Chief Justice Dipak Misra and justices A.M. Khanwilkar and D.Y. Chandrachud, however, said that the National Investigation Agency may continue its investigation in the matter.

The SC said that its decision is based on Hadiya's statement that she converted to Islam out of her own free will. Seven months later he filed a second petition saying that Hadiya, who changed her name from Akhila, could be married off in an attempt to transport her out of the country to join the Islamic State terrorist group. On January 6, 2016, Ashokan and Ponnamma filed a missing persons complaint. The court said when it interacted with Hadiya it found that she had exercised her free consent in getting married.

An investigation was opened by the Supreme Court and she was summoned to testify if she was forced to convert.

The top court had on February 22 questioned whether the high court could nullify a marriage between "vulnerable adults" after the father of the 25-year-old woman had justified the order. The judges stated, "The High Court should not have intervened".

However, Hadiya turned up in front of the court two weeks later.

Law's excesses had entered Hadiya's life long before her marriage. "Present case is one which warrants annulment of marriage by High Court".

Oct 30: SC asks Hadiya's father to produce her on November 27.

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