In a big victory for the Muslim convert Hadiya and her husband Shafin Jahan, the Supreme Court (SC), on Thursday, set aside the May 2017 Kerala High Court order, which had annulled their marriage, in connection with ‘love jihad’ case.
However, the SC also stated that the ongoing probe by the National Investigation Agency(NIA) in the matter will continue without investigating the marriage.
The Kerala High Court, in May, had annulled the couple’s marriage on the grounds of a National Investigation Agency (NIA) report, alleging that Hadiya was a victim of indoctrination and psychological kidnapping. The court sent the woman to her parents’ custody, following which the husband moved the Supreme Court.
On Thursday, the top court said that its decision is based on Hadiya’s statement that she wasn’t forcibly converted to Islam. The apex court also questioned how the High Court could annul a marriage between two consenting adults under Article 226 of the Constitution.
A three-judge bench headed by Chief Justice Dipak Misra gave the ruling after NIA lawyer Maninder Singh told the apex court that probe in the case was almost over