undergroundnewsroom.com March 23, 2018

India Supreme Court restores 'love jihad' marriage

09 March 2018, 02:43 | Nina Mathis

Hadiya walking out after a court proceeding

Hadiya walking out after a court proceeding

Denying Hadiya's allegations that she was misled to portray her husband as a terrorist and that she was treated like a criminal, the NIA said that her allegations were "misconceived, entirely baseless, incorrect".

The Court ruled that the High Court should not have annulled the marriage of Hadiya and Shafin Jahan.

Recently, the Supreme Court set aside the May 2017 Kerala High Court order annulling their marriage. "Wait a minute, where are you going?" were the first words that formed in my head when I read the order passed by the apex court in Hadiya's case on Thursday. The probe into the cases of Love Jihad by a well oiled network in Kerala would however continue, the Bench said. On May 24, 2017, the Kerala HC declared the marriage a "sham", directing that she be returned to the "custody" of her parents.

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.

"After I filed a habeus corpus petition, the high court ordered that she should live with her family".

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The Hadiya-Akhila case began in January 2016, when her parents reported her missing. Following this, her father approached the Kerala High Court, alleging that she had been forcibly converted.

The apex court had earlier allowed her to resume her Bachelors in Homeopatic Medicine and Surgery (BMHS) at a Salem-based college.

The court refused her permission to live with Shefin and asked the police to investigate all the facts of the marriage.

Shafin and Hadiya claimed they met in August 2016 on a matrimonial website and married in December 2016. Complete justice will only be done if the courts admit that they erred gravely, and themselves acted in violation of Hadiya's fundamental rights. 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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