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Kerala 'Love Jihad' Case: Supreme Court Says Only Hadiya Has Right to Decide on Her Choices

By: Utkarsh Anand

Edited By: Mayur Borah

CNN-News18

Last Updated: January 23, 2018, 13:26 IST

Hadiya is mired in a controversy after she converted to Islam from Hinduism and married a Muslim man. (File Photo: CNN-News18)

Hadiya is mired in a controversy after she converted to Islam from Hinduism and married a Muslim man. (File Photo: CNN-News18)

The Supreme Court said they can't question legitimacy of Hadiya's choice. “A major woman can't be forced to live with her parents. Only Hadiya had a right to decide on her choices,” the bench said.

New Delhi: The Supreme Court has said that the National Investigation Agency (NIA) can’t probe the marital aspect in the Kerala 'Love Jihad' case.

The apex court bench of CJI Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud said they can't question legitimacy of Hadiya's choice. “A major woman can't be forced to live with her parents. Only Hadiya had a right to decide on her choices,” the bench said. The apex court is hearing Hadiya’s husband Shafin Jahan’s plea against the Kerala High Court annulling their marriage.

“Can a court annul a marriage when both the man and the woman are adults? Will deal with only this question of law,” the court added.

A Raghunath, one of the counsel of Hadiya's father said, "We expect the NIA to file a report & the court to permit the girl to continue her studies. We are happy that she is safe. Let's see what happens". The SC will hear arguments in the case on February 22.

In November last year, the SC sent Hadiya to Salem in Tamil Nadu to enable her to pursue her homoeopathic studies.

The SC directed the Kerala police to provide Hadiya with security and ensure that she travelled to Salem at the earliest.

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The apex court appointed the dean of the Salem-based homoeopathic college as Hadiya's guardian and granted him liberty to approach it in case of any problem. Hadiya has been staying at her parental home for several weeks.

A SC bench had directed the college and the university to re-admit Hadiya and grant her hostel facilities.

During the hearing which went for over-two hours, she said she wanted to go with her husband Shafin Jahan. When Justice Chandrachud asked her about her dreams for the future, she said,"I want freedom."

Jahan had on September 20, 2018 approached the apex court seeking recall of its order directing the NIA to investigate the controversial case of conversion and marriage.



The Kerala High Court had annulled the marriage terming it as an instance of 'love jihad', following which he had approached the apex court.
first published:January 23, 2018, 11:13 IST
last updated:January 23, 2018, 13:26 IST