Kerala's Shafin-Hadia marriage: SC to examine whether HC can annul marriage

  • Kerala's Shafin-Hadia marriage: SC to examine whether HC can annul marriage

Kerala's Shafin-Hadia marriage: SC to examine whether HC can annul marriage

The case pertains to the annulment of the marriage of a Hindu woman to a Muslim man post her conversion, by the Kerala High Court as it amounted to ' Love Jihad'.

In the latest development in the Kerala "love jihad" case, the Supreme Court on Tuesday said it will examine as to whether High Court can annul the marriage by exercising its writ powers. "We may appoint a custodian or send her somewhere safe", the court said.

Dave also accused the court of going beyond its jurisdiction while ordering NIA probe saying what the court was hearing was a petition filed by the husband and reminded the bench that neither the state or the father of the girl had come to the court seeking a NIA probe. In May, a high court bench of Justices Surendra Mohan and Abraham Mathew annulled the marriage of Mr Jahan, an active member of the Social Democratic Party of India, with Hadiya, a homeopathy student.

While hearing the review plea filed by Shafin Jahan, a Kerala resident, SC said that a father can not dictate the life of his adult daughter who is well-able to make her own decisions.

Jahan has claimed Hadiya, a homeopathy student in Kerala, converted to Islam of her own volition two years prior to their marriage and sought direction to Hadiya's father to present her in court.

"We will hear logical and legal arguments on two issues - can the HC nullify a marriage exercising jurisdiction under Article 226 and was an NIA probe necessary", Chief Justice Misra said, posting the case for October 9.

Defence Counsel Dushyant Dave argued that the probe by the National Investigation Agency in the case "strikes at the very foundation of multi-religious society".

A Bench headed by Justice Misra's predecessor, Chief Justice JS Khehar, had said that the investigation into the matter would be supervised by the retired apex court judge RV Raveendran.

"A father can't say I will have control over her".

Jahan, in turn, pleaded with the Supreme Court to cancel the NIA probe. "Can it be called a love jihad and will your lordship order an investigation?" He said it has sent awful signal the world over.

Hadiya was a homeopathy student in Kerala when she converted to Islam and changed her name.