Kerala's Shafin-Hadia marriage: SC to examine whether HC can annul marriage

Cheryl Sanders
October 3, 2017

The scope of entertaining pleas under Article 226 by the High Court has been expanded to include issues not involving state actors but does it also extend to taking recourse to nullify a marriage, the court observed.

But in August 2016 itself, her father had approached high court with a habeas corpus petition, alleging his daughter had been radicalised by some organisations and they had also influenced her to marry a Muslim man so that she is out of the parents' custody forever.

The court also said that Hadiya's father Ashokan - who moved the court against her conversion and marriage - is not the only custodian of Hadiya. "Women are not being viewed as individuals who have political choices", she said. This is an appeal by the husband of the girl for the reversal of Kerala High Court's judgement. He said it has sent bad signal the world over.

A Hindu girl married to a muslim man in Kerala. That is the fundamental principle of law on which the argument should be based.

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 court also pointed out that the father can not claim the entire responsibility of protection of the girl.

Defence Counsel Dushyant Dave argued that the probe by the National Investigation Agency in the case "strikes at the very foundation of multi-religious society". He added, "two of the seniormost leaders in the BJP are married to members from minority community".

As per TV reports, CJI Dipak Misra questioned how the SC (under Justice Khehar) had asked for a NIA (National Investigating Agency) probe in the case. "Your Lordships have gone beyond the jurisdiction and expanded the proceedings by ordering NIA probe".

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 court, however, took exception to Dave's contention that it could not have travelled beyond the prayers made in the petition and ordered an NIA investigation saying the court had the power to do so depending on the facts of each case.

Questioning the Kerala High Court's decision to nullify marriage of a Hindu woman who had converted to Islam, India's Supreme Court has ruled that prime facie, the marriage can not be nullified.

Other reports by iNewsToday