Friday, 21 September, 2018

India Supreme Court restores 'love jihad' marriage

Hadiya and Shafin Jahan Hadiya and Shafin Jahan
Cassandra Gardner | 09 March, 2018, 02:43

The SC bench restored her marriage with her husband Shafin Jahan.

In what is believed to be a victory of Love over Jihad, the Supreme Court set aside Kerala Court's order on Love Jihad's and said it was wrong in annulling Hadiya's marriage.

A Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud passed the judgment a few minutes ago.

In May, Hadiya's marriage was annulled by the Kerala High Court on the grounds of a report submitted by the National Investigation Agency (NIA) to the top court, stating that Hadiya was a victim of indoctrination and psychological kidnapping. Being consistent with their stand, the SC has, today, struck down the Kerala High Court's draconian order.

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In an affidavit filed in the apex court, the NIA said that it had conducted its investigation into the so-called "love jihad" case in a "fair, objective and impartial manner" based upon the evidence and material collected so far. Whether it is right or wrong, or she (Hadiya) did not marry a right person, it is for the consenting individuals to decide.

The court called the marriage a "sham" and observed: "Her marriage being the most important decision in her life, can also be taken only with the active involvement of her parents". Respondent No.9, Hadiya alias Akhila Asokan is at liberty to pursue her future endeavours according to law.

An Indian woman at the centre of an inter-religious marriage row may now live with her husband, the Supreme Court has ruled. Evidence adduced by the NIA showed that claims that Hadiya met Shafin Jehan through matrimony website "waytonikah.com" was "totally false and entirely bogus".

Earlier, Hadiya's father had claimed before the Supreme Court that his efforts prevented his daughter from being transported to "extremist-controlled territories" of Syria to be used as a "sex slave or a human bomb". Complete justice will only be done if the courts admit that they erred gravely, and themselves acted in violation of Hadiya's fundamental rights.

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