Kerala 'love jihad': SC questions high court order annulling Hadiya's marriage

Faith Castro
October 4, 2017

In a major twist, SC asks how the father of a 24-year-old can question her rights.

Giving time to the NIA to properly respond to the charges made by advocate Dave, the Bench noted that it would hear the matter on October 9.

"Pattern or no pattern, the question is, can the high court annul the marriage by exercising its powers under Article 226 of the Constitution", the bench said.

The commission came into the picture when feminists, intellectuals, free thinkers, and Muslim women organisations complained that Hadiya's parents were holding her against her will at home.

The apex court then intervened and asked the NIA to probe the marriage after doubts were raised as this was a case of "love jihad".

A Bench headed by Justice Misra's predecessor, Chief Justice JS Khehar, had said that the investigation into the matter would be supervised by the retired apex court judge RV Raveendran.

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Shafin on September 16 filed a plea requesting the top court to call off the NIA probe, alleging that the investigation agency "is not being fair".

The Supreme Court on Tuesday said that it will examine whether a High Court can annul a marriage while hearing a plea by the parents of a girl who had married a boy from a different religion. And the High Court has described the case as the example of love Jihad. Jahan is seeking recall of the order for an NIA probe. Rahul Easwar has also gone on to say to NDTV that the Detenue told him, that "she wants to live and die as a Muslim". "The state did not file an appeal and father also did not do so", he contended.

Jahan has claimed in his plea that the Kerala human rights commission has received several complaints regarding the detention of the woman at her father's house. "Will Your Lordships order an NIA probe into these marriages too?" She said several quarters were responsible for the plight of the family.

She remains to be in the custody of her father against her will and that he has completely cut off any and all contact between the Detenue and the outside world.

The NIA's preliminary report submitted to the top court had hunted that it did not appear to be an isolated case and required further investigation.

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