India's supreme court restores 'Love Jihad' marriage

India's supreme court restores 'Love Jihad' marriage

On the afternoon of 8 March, 2018, the SC set aside the annulment of Hadiya's marriage to her husband, Shafin Jahan, criticising the Kerala High Court for intervening in the relationship of "two consenting adults".

The court observed that the Kerala High Court was wrong in annulling the marriage.

Following the high court's order, Hadiya' husband moved to the Supreme Court challenging the ruling. He said he would continue his legal battle and claimed NIA was continuing with its probe because it was convinced Shefin was a terrorist.

Ashokan later filed a Habeas Corpus petition in the Kerala High Court.

The apex court had in August a year ago asked the NIA to probe the case of conversion and marriage of Hadiya, as the agency claimed a "pattern" was emerging in Kerala.

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Hadiya had converted to Islam before marrying Shafin Jahan in Kerala.

In an affidavit filed before the top court, Hadiya had submitted that she had married out of her own free will and sought permission to live with Shefin Jahan as his wife.

Earlier this week, Hadiya's father KM Asokan told the top court that his efforts prevented her from being transported to "extremist-controlled territories" of Syria to be used as a "sex slave or a human bomb".

The Supreme Court has asked the NIA to continue with the investigation and asked Hadiya to continue with her studies. "Her marriage being the most important decision in her life, can also be taken only with the active involvement of her parents", it added. Following this, her father approached the Kerala High Court, alleging that she had been forcibly converted.

"She can complete her studies, live with whosoever she wants". It is to be hoped that the SC striking down the Kerala HC judgment will lead to court verdicts upholding justice alone in the face of societal biases and political pressures, in the future. The apex court freed her from her father's custody and ordered her institution to allow her to continue her education in November a year ago.

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