Shefin Jahan is a terrorist, repeats Hadiya's father

In November the Supreme Court had allowed Hadiya to resume her studies at a homeopathic college in Tamil Nadu’s Salem after she was placed under her parents’ custody since her marriage was annulled last May

Hadiya Jahan, who is in her 20s, was born into a Hindu family, but converted to Islam and married a Muslim man.

On the afternoon of 8 March, 2018, the SC set aside the annulment of Hadiya's marriage to her husband, Shafin Jahan, criticising the Kerala High Court for intervening in the relationship of "two consenting adults". "That's not the job of the court", the Supreme Court bench headed by Indian Chief Justice Dipak Misra observed during hearings preceding its order.

The high court had annulled the marriage terming it as an instance of "love jihad", following which Jahan had approached the apex court.

The order comes on the plea filed by Jahan, Hadiya's husband, challenging a Kerala High Court order annulling his marriage with her.

At the same time, the Supreme Court said the National Investigative Agency, which is probing allegations of a terror angle in Hadiya's marriage, could continue with its investigation. This is a case where the Kerala HC had decided that a 24-year-old woman was "weak" and "vulnerable" because she didn't excel in academics. Kapil Sibal, who, in the triple talaq case argued that triple talaq should not be abolished, was appearing for Hadiya and brilliantly defending her liberty. The Court said that Hadiya cannot be in anyone's custody and that she can willingly follow her pursuits.

He was responding to an affidavit filed by his Kerala-based daughter Hadiya.

In January, the Supreme Court had directed the NIA that it could not go into the marital status of Hadiya, after saying that she was an adult. A top court bench allowed Ms Jahan to leave her father's custody and resume her studies in November.

But she was presented in the court after her 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.

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