Monday, 19 March, 2018

Kerala 'love jihad': The curious case of Hadiya aka Akhila

Hadiya free to live with her husband, says SC; sets aside Kerala HC order Kerala 'Love Jihad' Case: Hadiya Wins Freedom, Supreme Court Validates Her Marriage
Melinda Barton | 08 March, 2018, 14:15

"She is free to pursue her future endeavours as per law", he said.

A bench headed by Chief Justice Dipak Misra, in a brief operative order, however, said that an NIA investigation into the criminal dimension into the case, if any, would continue.

Following this, Hadiya's husband Shafin Jahan challenged the HC order and moved the apex court. When Hadiya was produced before the Supreme Court in November a year ago she submitted before the court that she was under the unlawful custody of her parents for eleven months and she wanted freedom and reunite with her husband.

The Supreme Court said today that it will pass a short order at 2 PM over Kerala High Court's annulment of marriage of Hadiya, an alleged victim of "love jihad". "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".

Hadiya filed an affidavit in the Supreme Court stating that she is a Muslim and wanted to remain as a Muslim.

The Supreme Court had on January 23 made it clear that the National Investigation Agency can not probe the marital status of Hadiya and Jahan. Shafin Jahan is my husband. The High Court had annulled the marriage and directed Hadiya to return to the custody of her parents. Jahan had returned to India recently, through a matrimonial website affiliated to an organisation which the NIA says it is probing for links to terror. The high court had made several controversial statements such as, "a girl aged 24 years is weak and vulnerable, capable of being exploited in many ways" and "her marriage being the most important decision in her life, can also be taken only with the active involvement of her parents".

Acting on Ashokan's petition, the high court asked police to present Hadiya before it.

The case saw a major twist in December 2016 when Hadiya told the Kerala High Court that she had married Shefin Jahan on December 19, 2016.

"The Supreme Court has not cancelled NIA investigation in the matter".