The Supreme Court hearing the alleged love jihad case in Kerala today told the National Investigation Agency (NIA) that it cannot probe her marriage.
It is Hadiya to decide about her marriage, court can’t dictate if she decides who is good or bad, said the SC
The Supreme Court hearing the alleged love jihad case in Kerala today told the National Investigation Agency (NIA) that it cannot probe her marriage.
The apex court said it is for Hadiya to decide about her marriage and the court cannot dictate if she has decided who is a good human being or bad, reported the legal portal LiveLaw.
The Hadiya case has been one of the most sensational cases in the Supreme Court as it has been intertwined with the elements of women’s freedom as well as the alleged terror links.
According to reports, the SC has also made Hadiya a party to the proceedings as resonant.
The National Investigation Agency, which is probing the case, told the apex court that it has made substantial progress in its probe into the case.
The SC told NIA that it can continue with its probe but it cannot investigate into the marital status of the man and the woman.
The Kerala High Court had annulled her marriage with Shefin Jehan.
According to the legal portal, Bar&Bench, the SC today said, "Marriage has to be separate from criminal activity, otherwise we will be creating a bad precedent in law."
A bench headed by Chief Justice Dipak Misra observed, "We are not concerned with it (probe). Whether you carry on your investigation or arrest someone, we are not concerned."
The bench also comprised Justices A M Khanwilkar and D Y Chandrachud.
"You can investigate it but you cannot investigate about their marital status," the bench said.
The top court also said that Hadiya had appeared before it and had specifically said she had married Shafin Jahan on her own.
The bench also observed that it would examine whether the Kerala High Court was correct in annulling the marriage while hearing a Habeas Corpus petition.
"We are only concerned with the choice of an adult to marry someone," the bench said and posted the matter for hearing on February 22.
On November 27, last year, the apex court freed Hadiya from her parents' custody and sent her to college to pursue her studies, even as she pleaded to be allowed to go with her husband.
The court took the decision after interacting with the 25-year-old woman, a Hindu by birth who had converted to Islam and married Jahan.
The court was hearing a plea filed by Jahan challenging the Kerala High Court's order annulling his marriage with Hadiya.
{With PTI inputs)