Hadiya’s Marital Status Can’t be Questioned, Says Supreme Court

NEW DELHI:
The Supreme Court on Tuesday said that National Investigation Agency (NIA), which is probing the alleged case of ‘forcible conversion’ in Kerala, can continue with its probe but it cannot investigate into the marital status of Hadiya.
A three-judge bench, headed by Chief Justice of India (CJI) Dipak Mishra, said it cannot get into the choice of Hadiya in her marriage. “Whether the man to whom she is married is good or not is for her to decide…Whether its independent choice or not, only she knows. If she comes to court and says she is married by her choice, that’s the end of it…”, observed the CJI.
“We are not concerned with it (probe). Whether you (NIA) carry on your investigation or arrest someone, we are not concerned,” the bench also comprising Justices A M Khanwilkar and D Y Chandrachud said. “You can investigate it but you cannot investigate about their marital status,” the bench said.
The top court also said that Hadiya, alleged to be a victim of love jihad, 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. The court will next hear the matter on February 22. The apex court made these observations while hearing Hadiya’s husband Shafin Jahan’s plea against the Kerala High Court annulling their marriage.
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.