While upholding citizen’s personal freedom and choice, the Supreme Court in a significant ruling, said that the National Investigation Agency (NIA) cannot probe the marital status of Hadiya. A three-judge bench of the Supreme Court, headed by Chief Justice of India (CJI) Dipak Misra on Tuesday observed that the legal status of Hadiya’s marriage cannot be questioned since she is an adult.
“How can we say marriage is not valid when she says she married….she can choose independently. She is 24 years old,” the court said.
Hadiya aka Akhila married a Muslim man named Shafin Jahan after converting to Islam. Her marriage was annulled by the Kerala high court because it was alleged to be a case of Love Jihad.
Source: Indian Express
However, the apex court maintained that marriage has to be separated from criminal activity. “We cannot go into the marriage, whether the person she married is a good human being or a bad human being”
It further said that NIA can investigate all other aspects of the case except the marriage.
The court was hearing the case of Hadiya’s husband Shafin Jahan which was represented by senior advocate Kapil Sibal. The case will now be heard on February 22.
Hadiya had married Shafin in 2016 after converting to Islam. Her parents opposed her marriage saying that Shafin was a member of Popular Front of India, an organisation which is accused of having terror links. They alleged that she was indoctrinated and moved to Kerala high court which annulled the marriage. Hadiya, on the hand, claimed that she converted and married him on her own will. In November, Supreme Court freed her parent’s custody and allowed her to resume her studies at a college in Tamil Nadu.
(With inputs from ANI)
