Supreme Court Sets Aside Kerala High Court Order Annulling Hadiya's Marriage

Inter-religious relationships are still taboo in India particularly in rural areas

Inter-religious relationships are still taboo in India particularly in rural areas

The Supreme Court on Thursday set aside a Kerala High Court order and restored the marriage of Hadiya and Shafin Jahan, upholding adults' right to choose their spouses.

In a submission to the high court, Hadiya rejected the allegations against her husband by the anti-terror investigations agency, before appealing against the decision to the Supreme Court.

"In all these cases, the National Investigation Agency found that similar set of persons and institutions associated with the Popular Front of India (PFI) were involved in efforts to convert these four boys and seven girls", said a home ministry official who asked not to be named. On this basis, one may presume that either the Court was satisfied by the lawful nature of the marriage, or that the respondents in the present case failed to submit conclusive evidence against the lawful nature of the marriage.

"Shafin Jahan is a radicalised man, a stooge of the ISIS who was trying to wean away Hadiya to Syria under the pretext of marriage which is only a guise to take her away from the jurisdiction of her parents and any court", Shyam Diwan, senior advocate who appeared for Asokan told the SC.

The judges, acting on a petition filed by Jahan challenging the HC order, said they were reviving the marriage convinced after the interaction with Hadiya on November 27 a year ago in open courtroom during which she admitted the marriage and indicated that she had exercised her free consent.

"The Supreme Court has not cancelled the NIA investigation". Her parents claim that she was indoctrinated by Jahan who, they also allege, has extremist links. The bench also said that however good or bad a marriage is, the HC can not annul it, saying that "the state can not be allowed to enter into the marriage whether it approves of it or not".

Ashokan to continue legal battle KOTTAYAM: Ashokan KM, father of Hadiya, is determined to go ahead with the legal battle.

"The verdict has only cleared that her marriage is in order". This Judgement also means that the argument that the marriage was merely a means to traffic Hadiya and take her out of the country was not accepted by the Court. A father is in pain to hear that his daughter has gone with a terrorist. "The Tamil Nadu police have given good protection to me", Hadiya added. But we can not touch the marriage.

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