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

04 October, 2017, 00:27 | Author: Kelly Sanders
  • Supreme Court of India

Supreme Court of India on Tuesday asked if the Kerala High Court had exceeded its judicial reach by declaring the marriage of Hadiya, a 24-year-old woman, who had converted to islam after marrying a Muslim man, null and void.

Meanwhile, the SC has said that Hadiya is 24-year old and has the right to make her own decisions.

Jahan had approached the court seeking recall of its earlier order directing an NIA probe in the matter.

The Bench posted the matter for further hearing on October 9 after Mehta sought adjournment on the grounds that ASG Maninder Singh who had been appearing in the case was not available.

Hadiya's marriage to Jahan was annulled by the Kerala High Court following a petition from her parents.

He pointed out that two senior Muslim BJP functionaries had married Hindus and asked will it be called love jihad and would the court order investigation against them? Jahan, in turn, pleaded with the Supreme Court to cancel the NIA probe.

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In a related development, the State Human Rights Commission has pulled up the District Police Chief, Kottayam, for his failure to report whether Hadiya was under house arrest or not. "Your lordships have gone beyond the jurisdiction and expanded the proceedings by ordering NIA probe", he said.

"A father can't say I will have control over her". The NIA has also been tasked by the apex court to look into the seemingly outrageous and freakish claims that Hadiya's marriage was actually part of a radicalization scheme linked with global terror outfit, Islamic State.

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

The top court had on August 16 directed the National Investigation Agency (NIA) to probe the incident under the supervision of retired apex court judge, Justice R V Raveendran. 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. Jahan has challenged the HC's verdict before the top court.

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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