The Supreme Court on Thursday announced the flawless 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. "That's not the job of the court", the Supreme Court bench headed by Indian Chief Justice Dipak Misra observed during hearings preceding its order.
The Supreme Court held that the high court could not annul the marriage under article 226 of the Constitution of India and also based its contentions on Hadiya's statements in the court, recorded in November a year ago.
Meanwhile, Hadiya's father KM Asokan said he would consider moving a review petition in the Supreme Court against its judgement setting aside a Kerala HC order annulling her marriage. It has only quashed the High Court verdict that annulled the marriage between Hadiya and Shefin Jahan. How will cases of love jihad be differentiated from genuine interfaith marriages...?
The apex court, however, allowed the National Investigation Agency to continue their investigation into the allegations of love jihad. It then handed her to the custody of her parents in Kerala's Kottayam district.
"She can complete her studies, live with whosoever she wants".
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In the Supreme Court on Thursday, advocate Shyam Divan, who appeared for Hadiya's father Ashokan, said a marriage can be annulled if it is against public or state interests.
On May 25 past year, a Division Bench of the Kerala High Court had in its judgment called Hadiya's marriage a "sham".
The court further added that she can't be compelled to go or live with anyone.
She also requested the Supreme Court to restore are liberty by allowing her to stay with Jahan as husband and wife.
Hadiya was born Akhila Asokan, the daughter of a devout Hindu mother and an atheist father.
She was summoned to testify by the top court on whether she had been forced to convert. The apex court ruled that Hadiya was free to persue her future endeavors in accordance with the law.