Kerala Woman Hadiya's Case Not 'Love Jihad,' Says Activist Who Shot Videos

Twenty four-year-old Hadiya married a Muslim Shefin Jehan last December. Her father however moved court saying she was ‘indoctrinated’ in a case of ‘love jihad

Twenty four-year-old Hadiya married a Muslim Shefin Jehan last December. Her father however moved court saying she was ‘indoctrinated’ in a case of ‘love jihad

A Supreme Court bench headed by Chief Justice Dipak Misra was hearing a Muslim man's request for overturning a Kerala high court order that cancelled his marriage with a Hindu girl after she converted to Islam. "We will entertain it as she will be an individual", the top court said. The SC said that it will interact with the woman in an open court hearing at 3 PM on that day.

Hadiya is now under the protective custody of her parents after the Kerala High Court annulled her marriage with Shafin Jahan on charges of "love jihad".

"We have to find out as to where she meant to stay and as far as, marriage is concerned it is a personal thing", the bench said, adding that the free consent of a major has to be ascertained. The Kerala high court had curiously annulled the marriage and handed her over to her father, and a NIA investigation ordered by the Supreme Court before the bench, which included the Chief Justice, spotted the clearer path to justice.

Recently, while hearing a matter, the Kerala High Court observed: "All inter-religious marriages can not be termed love jihad".

The Additional Solicitor General submitted that this was a case in which the woman has been indoctrinated and hence the court can invoke parental authority even if she was a major. Today or tomorrow, I am going to die. Who can say there is no free consent? "Prima facie you have to satisfy our constitutional obligation of producing her in court". I know my father is getting angry. There is no law stating that a person can't marry a criminal.

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Senior advocate Shyam Divan, who is appearing on behalf of Haditya's father Asokan, reiterated the call for constitutional obligation. "The question is do courts respond to such radicalisation or do they remain silent?", Divan said.

Hadiya's husband Shafin Jahan has expressed great happiness in this recent development.

"I am concerned that with the next date of hearing a month away, she will have to suffer and live with her parents against her wishes", Grover said. He said: "Welcome the order of Supreme Court".

Despite the positive signals in Monday's proceedings, the fact remains that Hadiya will continue to be under forcible confinement at her father's home.

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