Hadiya case: SC to examine whether HC can annul marriage

Hadiya case: SC to examine whether HC can annul marriage

Hadiya case: SC to examine whether HC can annul marriage

Questioning the Kerala High Court's decision to nullify marriage of a Hindu woman who had converted to Islam, India's Supreme Court has ruled that prime facie, the marriage can not be nullified.

A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud said: "We want to know how the Kerala High Court can annul the marriage under Article 226 of the Constitution by exercising its special powers to entertain pleas against the State".

The bench also said that a father can not be seen dictating the personal life of a 24-year-old daughter.

Shafin Jahan has challenged the high court's decision and has also questioned the Supreme Court's permission to the National Investigation Agency to examine his marriage.

The SC will hear the matter in detail on October 9.

"It was this court which asked us to probe the matter and we found a pattern (in such incidents of marriages in Kerala),"' he said adding he will convince the court.

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".

Jahan, who had married a Hindu woman in last December, had moved the apex court after the Kerala high court annulled his marriage, saying it was an insult to the independence of women in the country.

He has also claimed that the woman has made it clear that she had accepted Islam on her own free will and after the May 24 order of the high court, she has been detained against her will and her rights have been violated. She has also confessed in the video, "ask my father and mother, whether they torture and abuse me for following my religion and its practices". "It might send the girl to a custodian or an organisation". "Will Your Lordships order an NIA probe into these marriages too?"

Raising his voice, Dave said the apex court had exceeded jurisdiction and must recall order.

Earlier in August, the NIA began investigation into the case following the top court's orders.

Hadiya's marriage to Jahan was annulled by the High Court following a petition by her parents.

It was alleged that the woman was recruited by Islamic State's mission in Syria and Jahan was only a stooge.

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