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

Tracy Craig

The Supreme Court on Thursday announced the ideal Women's Day present by scrapping the Kerala high court order that had annulled alleged "love jihad" victim Hadiya aka Akhila's marriage with her husband Shafin Jahan. The bench, comprising of Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud, said their decision was on the basis of Hadiya's statement, that she had willingly married Jahan.

The court also ruled that the Kerala High Court should not have annulled Hadiya and Shafin Jahan's marriage.

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. It has only quashed the High Court verdict that annulled the marriage between Hadiya and Shefin Jahan. News18 quoted sources who claimed that Hadiya's father confirmed that he will not file for a review petition after Supreme Court's ruling.

By Kunzes GobaHadiya and Shafin Jahan. The top court said Hadiya was free to pursue her future endeavours in accordance with the law.

During the hearing, the SC bench reiterated that the court can not intervene in the case of a marriage between two consenting adults.

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In a judgment that infantlilised an adult citizen of a democracy, the court said: "A girl aged 24 years is weak and vulnerable, capable of being exploited in many ways".

The Supreme Court said that nothing remained with court to decide after Hadiya expressed her willingness. "The court has asked for the NIA probe to continue as the larger question we raised is that Shafin Jahan is a terrorist", he told the media at his house near Kottayam in Kerala.

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

He, however, expressed satisfaction over the Supreme Court stating that the National Investigation Agency (NIA) may continue its investigation in the matter. Her family, however, didn't allow her to live with him.