Supreme Court upholds Hadiya's marriage, sets aside Kerala HC order

Hadiya the 24-year-old woman who was born to a Hindu couple in Kerala made headlines after she converted to Islam and married a Muslim man against wishes of her parents

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A bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud said that Hadiya was free to live with her husband adding that the High Court should not have intervened under article 226 of the Constitution of India.

The order of the Supreme Court was passed on an appeal filed by Jahan who had challenged the order of the Kerala High Court which had annulled the marriage while terming it as a sham. The court also observed that the Kerala High Court should not have annulled the marriage in a habeas corpus petition in 2017.

Hadiya's father, KM Ashokan, has refused to give up, and cited the NIA continuing the probe as proof that the investigative body thinks Shafin Jahan is a terrorist. It ruled that Hadiya can complete studies and "freely follow her pursuits".

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On August 25 2016, the Kerala High Court sent Hadiya to a hostel for working women in Ernakulam and directed the police to the antecedents of Sathya Sarani and Popular Front of India leader Sainba, whom Hadiya had met at the conversion centre and with whom she was now now living.

Hadiya filed an affidavit in the Supreme Court stating that she is a Muslim and wanted to remain as a Muslim. No, there isn't." Per a report in the website, the current chief justice of India, who had earlier observed that this was one of the "most complicated cases" he had come across, observed on Thursday: "We can not go into the neurological aspect of consent.

Hadiya is now pursuing her medical course from Shivaraj Homeopathy Medical College in Tamil Nadu's Salem after Supreme Court's direction in November, 2017.

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The Supreme Court recently had said that if Hadiya comes to Court and says that she has married by choice, that will be the end of it.

Her family alleged she was brainwashed as part of an anti-Hindu conspiracy, prompting a lower court to annul the marriage. It is to be hoped that the SC striking down the Kerala HC judgment will lead to court verdicts upholding justice alone in the face of societal biases and political pressures, in the future. Her parents had made stunning allegations that their daughter was indoctrinated to leave her Hindu religion to join the ISIS.

An investigation was opened by the Supreme Court and she was summoned to testify if she was forced to convert.

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