Supreme Court Restores Hadiya's Marriage, Sets Aside Kerala HC Order


Supreme Court Restores Hadiya's Marriage, Sets Aside Kerala HC Order

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 order delivered by a Bench headed by Chief Justice Dipak Misra took into account that when Hadiya was summoned to court she admitted to her marriage with Shafin Jahan.

"I hereby submit that I embraced the faith/religion of Islam on my choice as per my conscience and on my own free will after studying about Islam and thereafter I married a person, namely Shafin Jahan, from the same faith as per my choice and on my own free will".

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The Hadiya-Akhila case began in January 2016, when her parents reported her missing.

"In the facts and circumstances of the case, the high court could not have annulled the marriage, " the top court said.

Ashokan later filed a Habeas Corpus petition in the Kerala High Court.

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Ms Jahan and her husband appealed after the high court in the state of Kerala annulled their marriage.

Shafin Jahan, Hadiya's husband, challenged the annulment of the marriage in the Supreme Court. "Nothing remained for the court to decide after she expressed her will", an apex court bench said.

In November, the court had allowed Hadiya to resume her studies at a homeopathic college in Tamil Nadu's Salem, after she was placed under her parents' custody since her marriage was annulled last May. At that time, the apex court had not yet made a statement about the status of her marriage. Following this, her father approached the Kerala High Court, alleging that she had been forcibly converted.

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Granting "absolute liberty" to the 25-year-old, the top court, however, said that the ongoing probe by National Investigation Agency (NIA) into the case will continue, Bar And Bench reported. "I respectfully reiterate that I am a Muslim and I want to continue to live as a Muslim ..." This affidavit comes after the Supreme Court had passed a detailed order in November previous year. Jahan moved the Supreme Court in August 2017, two months after the HC court order.

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