Hadiya-Sheffin marriage is legal, rules SC

Esther Moore
March 9, 2018

The Supreme Court on Thursday scrapped the Kerala High Court's order and restored Hadiya's marriage with Shafin Jahan. The bench, comprising of Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud, said their decision was on the basis of Hadiya's statement, that she had willingly married Jahan.

The bench set aside a May 2017 order by the Kerala High Court annulling their marriage.

The Kerala High on May 24 annulled the marriage on a complaint by her father terming it as an instance of "love jihad". The apex court freed her from her father's custody and ordered her institution to allow her to continue her education in November previous year. (Only the operative part of the order was released at the time of going to press; the full judgment will come out later.) While the NIA's investigation into an imaginary "lovejihad" conspiracy continues, the Supreme Court has realised after several months that an adult is free to marry whom she chooses.

She added that she had been kept in "unlawful custody" by her parents.

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In a fresh affidavit, Mr. Asokan said that his daughter was a "vulnerable adult" and she "abjectly surrendered herself to complete strangers who adopted her into their fold, offering her shelter and protection and further imparted religious indoctrination in an isolated environment".

She also requested the Supreme Court to restore are liberty by allowing her to stay with Jahan as husband and wife. During the hearing, the CJI added that he had never come across such a case before and said that they can not go into the neurological aspect of the consent by a sound adult mind. Most importantly, Hadiya deserves to be compensated for the trauma and humiliation she was subjected to by the judiciary and the state. The apex court deemed the high court order bad in law and held that Hadiya had married out of her own free will.

But she was presented in the court after her marriage.

Kerala woman Hadiya had earlier said that she wanted to be with her husband, as she was whisked away by her parents and security personnel to board a flight to Delhi. Evidence adduced by the NIA showed that claims that Hadiya met Shafin Jehan through matrimony website "waytonikah.com" was "totally false and entirely bogus".

Other reports by GlobalViralNews

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