• Supreme Court Bench Questions Kerala High Court Decision to Nullify Marriage in Hadiya Case

    Ankita Ramgopal

    October 3, 2017

                                                                                                                              Image Courtesy: Scroll

     

    The Kerala Love Jihad case was heard before the Supreme Court bench comprising of Chief Justice Dipak Misra, Justice Khanwilkar and Justice Chandrachud. Senior Advocate Dushyant Dave appearing on behalf of the husband, Shafin Jahan, argued for issuing of notice recalling the order directing NIA probe and stated grounds of expansion of the jurisdiction of the proceedings.  

    The Kerala High Court had earlier this year annulled the marriage between Hadiya (Akhila Ashokan) and Shafin Jahan and sent her back with her parents. A habeas corpus petition was filed by the father of the woman who had converted to Islam to marry a Muslim man. The case was then brought before the Supreme Court by way of a special leave petition filed by the husband. During the last hearing the Court had ordered a National Investigation Agency (NIA) investigation into the matter. This order was being challenged by the counsel of the petitioner.

    The Counsel appearing for the State filed an affidavit. 

    The CJI stated that there are only 2 issues in this case, which are:

    1) whether under Art. 226, the HC can or cannot nullify the marriage? 

    2) whether in respect to the 24-year girl can there be an NIA probe? 

    The CJI stated that the issue of expansion of jurisdiction would depend on facts and circumstances of the case.

    Next hearing will be held on 9th October.


     

    First published in Lawyers Collective.

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