New Delhi: The Supreme Court (SC) on Thursday allowed Muslim convert Hadiya to live with her husband, setting aside a Kerala High Court (HC) order annulling her marriage.
The apex court declared that it was not a case of ‘love jihad’ and that Hadiya was free to follow her pursuits.
“Hadiya can’t be in anyone’s custody and she can complete her studies, live with whosoever she wants. Nothing remained for the court to decide after she expressed her will,” the SC bench said.
The court observed that marriage and intimacy of personal relationships were the core of plurality in India.
“We can’t let a state or others makes inroads into this extremely personal space,” it stated.
Hadiya’s father Ashokan told SC that his daughter was being “psychologically and physically abducted”. This was in response to an affidavit filed by Hadiya where she had mentioned that she converted to Islam on her own will.
A three-judge SC bench headed by Chief Justice of India Dipak Misra said Kerala HC should not have annulled Hadiya’s marriage to Shefin Jahan.
Reacting to the order, Ashokan said he was pained to let his daughter go with a “terrorist”.
“I would continue this legal battle. The National Investigation Agency (NIA) is continuing with its probe because it is convinced that Shefin is a terrorist,” he told media.
Ashokan said he would consider moving a review petition in the apex court.
After Thursday’s court verdict, Hadiya cannot be compelled to go or live with anyone. In May 2017, Kerala HC had described Hadiya’s marriage as a case of ‘love jihad’.
“A girl aged 24 years is weak and vulnerable, capable of being exploited in many ways. Her marriage being the most important decision in her life can be taken only with the active involvement of her parents. It is a sham. It is null and void. It has no consequence in the eye of the law,” Kerala HC had said.
Kerala HC had also mentioned that “national interest is at stake” due to increasing number of cases of ‘love jihad’.
