Hadiya case: SC to examine if HC can annul marriage

Hadiya, a Hindu convert married a Muslim youth Shefin Jehan a Gulf returnee in December 2016

The Supreme Court today (October 3) said it would examine the question whether the Kerala high court can exercise its power under writ jurisdiction to annul the marriage of a Muslim man with a Hindu woman who had converted to Islam before tying the nuptial knot. Their marriage was annulled by the High Court of Kerala on the plea of Love Jihad.

The apex court further stated that the father can't have control over a 24-year-old adult.

In a fresh application for recall of this order, Shafin Jahan said that on August 17, 2017 activist Rahul Easwar visited the home of the girl's father, where Akhila has been detained. "This order sends bad signals all over the world".

"Please do not shout", the bench said, adding that his high pitch made it impossible for the bench to understand the submissions. Rather, it was the man who has challenged the annulment of his marriage. She has also confessed in the video, "ask my father and mother, whether they torture and abuse me for following my religion and its practices".

Dave even asked the court: "two of the seniormost leaders in the BJP are married to members from minority community".

He said despite Justice Raveendran declining to supervise the probe, the NIA was preceding with the investigation and it was reported that the NIA has already found a "link".

But a defiant Dave said he will be loud. "No shouting. Instead of questioning legal foundation, you are straying here and there".

Senior advocates Kapil Sibal and Indira Jaising are arguing the case.

The court had doubts about its own August 16 order wherein it asked the National Investigation Agency (NIA) to probe the conversion and marriage of Hindu girl Akhila, now known as Hadiya after conversion, in Kerala in 2016. Sheffin Jahan has submitted new petition in the Supreme Court alleging that Hadiya is under house arrest and she is not allowed to contact any one from outside and moreover she is facing severe human rights violation.

In compliance with the orders of the top court, the case was re-registered by the NIA and an investigation was taken up.

Shafeen Jahan married Akhila Ashokan in December previous year after she converted to Islam and rechristened herself as Hadiya.

The woman, a Hindu, had converted to Islam and later married Jahan. It was alleged that the woman was recruited by the ISIS's mission in Syria and Jahan was only a stooge.

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