Kerala 'love jihad' case: Supreme Court restores Hadiya's marriage, strikes down high court order

The Supreme Court today restored the marriage of Hadiya with her husband Shafin Jahan. The apex court's order set aside the Kerala High Court's directive that had annulled the validity of her marriage with Jahan.

A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud put up the matter for order after lunch on the plea filed Hadiya's husband challenging Kerala High Court's order that had annulled his marriage with her.

In a fresh affidavit, K M Asokan said that his daughter Hadiya was a "vulnerable adult" and she "abjectly surrendered herself to complete strangers who adopted her into their fold, offering her shelter and protection and further imparted religious indoctrination in an isolated environment".

Hadiya, in an affidavit, had previously told the apex court that she had willingly converted to Islam and wanted to remain a Muslim. She also noted that she had married Jahan out of pure will and sought the court's permission to "live as his wife".

She also noted that her husband, Jahan, was wrongly portrayed as a terrorist by the National Investigation Agency (NIA) and had nothing to do with the Middle East-based terror group ISIS.

On February 22 the Supreme Court questioned if the high court could nullify a marriage between "vulnerable adults".

On November 27, 2017, Hadiya was freed Hadiya from her parents' custody and sent to a college to pursue her studies. Hadiya had pleaded to be sent to her husband instead.

The high court had annulled the marriage terming it as an instance of 'love jihad', Hadiya's husband later moved the apex court.

The Supreme Court has asked the National Investigation Agency (NIA) to continue investigating the case. 

(With inputs from PTI)