Published: Fri, March 09, 2018
World | By Camille Rivera

Supreme Court upholds Hadiya's marriage

Supreme Court upholds Hadiya's marriage

The Kerala High Court had annulled Hadiya's marriage with Shefin Jahan in May 2017 after her family alleged that she was kidnapped and forced to convert to Islam for the goal of terror recruitment calling it a case of Love Jihad.

The judgement was passed by Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud.

The Supreme Court in its verdict said the girl had appeared before the court on November 27 and admitted her marriage.

The Supreme Court on Thursday ruled out Kerala High Court's order restored the marriage of Hadiya.

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The Supreme Court said today that it will pass a short order at 2 PM over Kerala High Court's annulment of marriage of Hadiya, an alleged victim of "love jihad".

The case concerns Hadiya's conversion to Islam, and her subsequent marriage to a Muslim man Shafin Jahan. Hadiya's father alleged that she was forcibly converted by groups with links to terrorist outfits.

Shafin Jahan and Hadiya.

He said that the right to choose a life partner is part of right to life and the marriage can only be dissolved by any one of the two in wedlock. The apex court deemed the high court order bad in law and held that Hadiya had married out of her own free will.

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He said that all this was backed by well-oiled machinery which was alluring and trafficking people to Syria.

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The High Court, disappointingly, annulled the marriage in May 2017 and ordered her to be sent back to her parents' home. "I will try to convince the court about it once again", he said. The probe into the cases of Love Jihad by a well oiled network in Kerala would however continue, the Bench said.

Following this, Hadiya's husband Shafin Jahan challenged the HC order and moved the apex court.

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"Can we say that the marriage is not in the best interests of a marrying couple?"

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