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Love Jihad: SC to examine if HC can annul marriage

Love Jihad: SC to examine if HC can annul marriageā€

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

The apex court then intervened and asked the NIA to probe the marriage after doubts were raised as this was a case of "love jihad".

The SC in August had ordered a NIA probe into the plea of a Muslim man Shafin Jahan whose marriage with a Hindu woman (Hadiya) was annulled by the Kerala High Court, which had termed it a "love jihad".

Additional Solicitor General (ASG) Tushar Mehta, appearing for the Centre sought an adjournment on the ground that another ASG Maninder Singh, who has been appearing in this case was out of station for personal purposes.

A Bench headed by Justice Misra's predecessor, Chief Justice JS Khehar, had said that the investigation into the matter would be supervised by the retired apex court judge RV Raveendran.

A Hindu girl had married a Muslim in Kerala and the marriage was annulled by the High Court.

Questioning the Kerala HC's power to declare a marriage as null, CJI Dipak Misra said, "Either we will appoint loco parentis or we will send her somewhere safe".

In August, a case came forward in which the ruling of the Supreme Court, the apex court of the country rocked the whole nation with its verdict.

The apex court said that the young girl has right to take a decision in her life.

The Supreme Court said that after getting inputs from the NIA and Kerala Police probe, it would interview Akhila to ascertain her views.

The application claimed that the acting president of the Kerala Human Rights Commission, P. Mohandas had gone on to make a statement that the girl "is undergoing huge human rights violation at her house".

Jahan had moved the SC in July saying that the HC order was an insult to the independence of women in India.

Akhila, who has been a house surgeon, got converted from Hinduism to Islam and was soon married to Shefin Jahan.

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

The CJI, meanwhile, observed that Hadiya's father could not claim custody to her she was a grown up girl.



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