Kerala 'love jihad' case: SC restores Hadiya's marriage, sets aside HC verdict


Hadiya, a resident of Kerala, had reverted to Islam and married a Muslim.

Shafin Jahan, Hadiya's husband, had challenged a Kerala High Court order annulling his marriage with her and sending Hadiya to her parents' custody.

Kerala HC declares "null and void" the marriage of 24-year-old Hadiya, a Muslim convert, allegedly performed after she was abducted and wrongfully confined in an "illegal Islamic conversion centre" in Malappuram district. He said he would continue his legal battle and claimed NIA was continuing with its probe because it was convinced Shefin was a terrorist. How will cases of love jihad be differentiated from genuine interfaith marriages...? However, according to initial reports, the probe by the National Investigation Agency will continue into the accusations of "love jihad", but not of this particular marriage.

She added that she had been kept in "unlawful custody" by her parents. It ruled that Hadiya can complete studies and "freely follow her pursuits".

Law's excesses had entered Hadiya's life long before her marriage.

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The apex court said its decision was based on Kerala native Hadiya's statement that she had converted to Islam from Hinduism of her own free will. "How can the HC annul a marriage between two consenting adults under Article 226 of Constitution of India", he asked referring to an earlier order by the Kerala High Court.

It observed the Kerala High Court should not have annulled the marriage in a habeas corpus petition. Most importantly, Hadiya deserves to be compensated for the trauma and humiliation she was subjected to by the judiciary and the state.

But she was presented in the court after her marriage. Her father KM Ashokan had opposed her marriage.

The Court had earlier stated that it would pronounce the operative part of its judgment in the case at 2 pm today and that the detailed order would be made public later. But when she was produced at the court, she was married.