The Supreme Court on Thursday scrapped the Kerala High Court’s order and restored Hadiya’s marriage with Shafin Jahan. A bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud said that Hadiya was free to live with her husband adding that the High Court should not have intervened under article 226 of the Constitution of India.
The court, however, made it clear that the NIA could continue to probe the allegations of criminality related to the so-called incidents of Love Jihad.
Hadiya had converted to Islam before marrying Shafin Jahan in Kerala. Her parents had made stunning allegations that their daughter was indoctrinated to leave her Hindu religion to join the ISIS. A charge that the 24-year-old Hadiya has rubbished on multiple occasions.
Hadiya had made a personal appearance in the apex court in November last year, when she reiterated that she had converted to Islam out of her own choice and she wished to be united with her husband.
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 three-judge bench headed by Chief Justice Dipak Misra had observed that the NIA probe will have no bearing in deciding the aspects of legitimacy of marriage of Hadiya and Shafin Jahan.
Earlier on Thursday, senior Advocate Kapil Sibal submitted that the right to choose a partner is part of Right to life under Article 21, reported Bar and Bench.
“It is inappropriate to question marital status in a Habeas Corpus petition. No one has the locus to challenge marital status of two consenting adults. The Court’s status in the case is also that of third party’s. It cannot transgress into areas unconnected with the petition. Right to choose a partner is part of right to life under Article 21“, Sibal was quoted as saying.