SC sets aside Kerala HC order annulling Hadiya's marriage

09 March, 2018, 09:28 | Author: Edward Snyder
  • Hadiya the 24-year-old woman who was born to a Hindu couple in Kerala made headlines after she converted to Islam and married a Muslim man against wishes of her parents

Hadiya with her husband Shafin Jahan. A three-judge bench headed by Chief Justice Dipak Misra had observed that the NIA probe will have no bearing in deciding the aspects of legitimacy of marriage of Hadiya and Shafin Jahan.

The order of the Supreme Court was passed on an appeal filed by Jahan who had challenged the order of the Kerala High Court which had annulled the marriage while terming it as a sham.

Recently, the Supreme Court set aside the May 2017 Kerala High Court order annulling their marriage.

In an affidavit filed before the top court, Hadiya had submitted that she had married out of her own free will and sought permission to live with Shefin Jahan as his wife.

On October 3, the Supreme Court had said it would examine whether the high court could annul the marriage following a petition by her parents. Hadiya told the court that she faced mental harassment in the past 11 months under the custody of her parents.

It has been a long road for Hadiya and Jahan, who met through a matrimonial website and got married in 2016.

The apex court had on January 23 made it clear that the NIA can not probe the marital status of Hadiya and Jahan.

The Supreme Court has asked the NIA to continue with the investigation and asked Hadiya to continue with her studies.

However, the agency could not investigate the Hadiya's marital status, the court said, reiterating a stand it had taken earlier.

Mr. Asokan's affidavit had mentioned that Ms. Shirin and her husband Mr. Fasal had interacted with Ms. Hadiya in 2015 and even tried to send her to Yemen. "I respectfully reiterate that I am a Muslim and I want to continue to live as a Muslim ..."

She also claimed that her husband was wrongly portrayed as a terrorist by the National Investigation Agency (NIA) and he had nothing to do with the Middle East-based terror group ISIS. The Bench said that there was a roving inquiry by the Kerala High Court into Hadiya's marriage.



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