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


New Delhi, Mar 8 (Zee News): In a huge win for Kerala 'love-jihad' victim Hadiya, the Supreme Court on Thursday set aside the Kerala High Court order which had annulled the validity of her marriage. The SC bench restored her marriage with her husband Shafin Jahan.

Earlier in the day, the Supreme Court had asked the investigating agencies to continue their probe into whether there was any criminality but had asked them not to intrude in her marriage. Appearing for the NIA, lawyer Maninder Singh had submitted to the Supreme Court that the probe has almost been completed. It had said that it only needs to examine two more individuals, Fasal Musthafa and Shirin Shahand, who are material and crucial witnesses in the case.

The NIA had earlier denied the allegations that it had behaved with Hadiya with a prejudice as if she is a criminal or a terrorist. The NIA asserted that it conducted the investigation in a "fair, objective and impartial manner" based upon evidence and material collected so far.

It also denied the allegations that she was misled to portray her husband Shafin Jahan as a terrorist and that she was treated as a criminal, the agency said the allegations are "misconceived, entirely baseless, incorrect".

"The NIA has conducted the investigation in a fair, objective and impartial manner based upon the evidence/ material collected so far. There is no question of any personnel, who was entrusted with the investigation of the case, acting in a prejudicial manner, much less treating Hadiya as a criminal or a terrorist," stated the affidavit filed by the NIA.

Hadiya, in her affidavit before the top court, had earlier said that she converted to Islam and married Jahan on her own and wanted to remain like that. She had levelled allegations against her father and some NIA officials for being prejudiced.

  

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Comment on this article

  • Rita, Germany

    Fri, Mar 09 2018

    whatever the court gives the verdict ,the future will hsow what is right and what is
    wrong.Only hope that the Hadiya will be happy and get united with her husband without any problems .Hope her decision to this extreem step will not get into trouble.Parents have to be silent onlooker and dont trouble any more.Let her live her life .If she wants any help ,let them give without moking as to a daughter.Daughter too now should make a step towards her parents and make peace .so that both willbe happy and help each other when needed.

    DisAgree Agree [2] Reply Report Abuse

  • Bengalurian, Bengaluru

    Thu, Mar 08 2018

    This is a clear message to all the parents to take good care of their children during childhood and not give importance to money & property. If the girls are not taken good care during childhood then chances are that a kind man would show heaven once they become adult & then no one would be able to bring them back.

    DisAgree Agree [5] Reply Report Abuse

  • Ahmed K. C., Mangalore

    Fri, Mar 09 2018

    They waste their time in Nagpur training and hatching conspiracies against others. So, how would they know what's going on in their own house?

    DisAgree [3] Agree [3] Reply Report Abuse

  • SMR, karkala

    Thu, Mar 08 2018

    This case has several implications and raises important questions about an adult woman’s basic, constitutionally-sanctioned right to choose her faith and her partner, and a woman’s agency in general, the Kerala high court’s dubious right to declare two adults’ willing marriage null and void, and its declared assumption that parents are the natural custodians of their children who cannot wed without parental involvement; the Supreme Court’s strange direction to the National Investigative Agency to make an inquiry into the whole affair from the angle of ‘love jihad’, a bogey that the police and even BJP and RSS leaders have said is unconfirmed (the Kerala government has questioned the need for such an inquiry); the continuous involvement of the RSS from the very beginning of the case; not allowing people from the media, women’s organisations and even the Kerala Women’s Commission – which has now requested the Supreme Court for permission to visit Hadiya – to investigate the situation or talk to Hadiya; and many more.
    We are used to khap panchayats – kangaroo courts – disrespecting and curtailing women’s autonomy, and women’s hostels in India routinely infantilising adult women and treating them as ‘wards’ of their male relatives. Will the courts in India – the custodians of the constitution – also do the same henceforth?
    Why does it seem like Akhila’s story is every Indian woman’s story? Indian women are often seen as having no independent understanding of their future goals. The central government ran a big campaign for girl children, ‘Beti Padhao, Beti Bachao’, with the objective of improving the sex ratio, better healthcare and higher quality education. But where is the campaign to inculcate the view that women are human? That a woman must always have a complete right over her life and body?
    Looking back at significant verdicts of the Supreme Court that are likely to have long-lasting impacts.
    In 2017, India’s top judiciary reached new heights – and new lows.
    JH

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  • Vantage Point, Mangalore

    Thu, Mar 08 2018

    Even Sanghis know it very well... It was a myth and conspiracy theory hatched in Nagpur...On Women's day we got to know how some people who claims to be spokesperson for women's freedom when other communities are concerned are inherently misogynist...Don't allow their own women to choose whatever they like ...Govt of India,Sanghi investigating agency( NIA) and even high court and SC entertained this myth ..Glad SC came up with this judgement..
    Even ZN ,MJ Akbar are falsely targeted for just being Muslim scholars by NIA...Mark my words...Truth always triumphs...Satyameva Jayate...

    DisAgree Agree [29] Reply Report Abuse

  • roshn deenn, Mangalore

    Fri, Mar 09 2018

    Dear Vantage Point MJ Akabr is a BJP man.It is MM Akabr who NIA want to harass.

    DisAgree [1] Agree [6] Reply Report Abuse

  • Moshu, Mangaluru

    Thu, Mar 08 2018

    Once again NIA hasbeen shown the doors . All credit goes to the stunning mutiny in supreme court ranks, when 4 senior judges took on Chief Justice of India. Hope each and every hearings onwads to be in fair order.

    DisAgree Agree [21] Reply Report Abuse

  • Rajesh, Udupi

    Thu, Mar 08 2018

    Now no one can stop syria visa.

    Paceeful life ahead. Good lk

    DisAgree [29] Agree [6] Reply Report Abuse

  • Mohammed, Kandluru

    Thu, Mar 08 2018

    Isko kahte hain maarne walese bachanewala bada hota hai. Ek din aisa bhi ayega BJP namonishan mitt jayega

    DisAgree Agree [22] Reply Report Abuse

  • John R Lobo, Kaikamba / Mangalore

    Thu, Mar 08 2018

    SC verdict is not last verdict. So many case SC nullified it earlier ruling via FULL BENCH .

    some of its ruling was practically became very harmful. Eg. Death Penalty in Rarest of rare case.

    Earlier, SC used completely followed British System. Many murderers mercilessly hanged. and Now its life imprisonment became common.... Many convicted criminal gets Parole....Some are released by Stat Govt after 14 years and again committed heinous Crime.

    Unless until SC give RE-CORRECTED death penalty systems Crime Graph will go up continuously.

    DisAgree Agree [1] Reply Report Abuse

  • Aravind Shetty, Mangalore/Riyadh

    Thu, Mar 08 2018

    Shame on Shangies for interfere in two adults love affairs and it's waste to talk about "LOVE" with these so called "unmarried" Shangies. Hearty congrats to both couple and it's a real "Jihad for Love". They did a real "Jihad" to save their pure "Love". A special salute to Hadia who stood on her belief till the end despite so many obstacles including by her own father.

    God bless my (our) beloved India.

    DisAgree [1] Agree [3] Reply Report Abuse

  • sri_elder, Karkala

    Thu, Mar 08 2018

    Some time nationalists win and sometimes anti nationalist win...

    DisAgree [22] Agree [4] Reply Report Abuse

  • Harold D'cunha, Mangalore, India.

    Thu, Mar 08 2018

    sri_elder, Karkala
    Yes, agreed. in this world, truth wins and some times lies too win. But here, the girls's commitment won.
    The entire scenario is handled in a very bad way. The evil forces wanted to instigate violence but finally SC gave the right verdict, upholding the freedom of individual choice to choose one's religion.

    DisAgree Agree [1] Reply Report Abuse

  • roshn deenn, Mangalore

    Fri, Mar 09 2018

    Now it is Anti Nationalists who lost

    DisAgree Agree [2] Reply Report Abuse

  • Vincent Rodrigues, Bengaluru/Katapadi

    Thu, Mar 08 2018

    Excellent decision form our Supreme Court indeed

    DisAgree Agree [52] Reply Report Abuse

  • AMAR NATHAL, MANGALORE

    Thu, Mar 08 2018

    Justice at last. Its time the Supreme Court sends a clear and unequivocal message that marriage between two consenting adults cannot be annulled by any individual or institution. Even God respects our freedom and we will pay for it. The courts should never try to be our salvation in marriage matters if that has taken place with due and legitimate consent. If we entertain interference we will turn India into a terrorist nation as everyone will interfere in the personal life of the other.

    DisAgree [2] Agree [43] Reply Report Abuse

  • Ahmed K.C., Mangalore

    Thu, Mar 08 2018

    Hadiya's Nagpur trained father should be grilled for falsely accusing the couple of being associated in terrorism. A case of defamation also must be filed against him.

    DisAgree [3] Agree [56] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Thu, Mar 08 2018

    We are glad to have Supreme Court ...

    DisAgree [2] Agree [60] Reply Report Abuse

  • Sheikh, Karkala

    Thu, Mar 08 2018

    Big blow to sanghis.

    DisAgree [3] Agree [64] Reply Report Abuse


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



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