Tuesday, 25 September, 2018

After Supreme Court verdict, Hadiya leaves for Kerala

Hadiya case After Supreme Court verdict, Hadiya leaves for Kerala
Charlie Simmons | 10 March, 2018, 01:51

On Thursday, the Supreme Court restored Hadiya's marriage with Shafin Jahan after the Kerala High Court had annulled the same. The Supreme Court has also essentially thrown cold water on the ardour of the National Investigation Agency, which now says it has no evidence that the young couple had planned to escape to Syria to join ISIS. "Presently National Investigation Agency is not an impartial body (but) still good and honest officers are serving in it who I personally know", said Shareef.

The girl's father, represented by senior advocate Shyam Divan, further pointed out that the court must see the larger picture emerging from this case as to how marriage is used as a device to prevent scrutiny by courts.

Chief Justice Misra said: "We hold that the High Court should not have annulled the marriage between Shafin Jahan and Hadiya alias Akhila Asokan". Following this Shafin Jahan approached the Supreme Court.

Ms. Hadiya was particularly happy that the apex court judgment validating her marriage came on a day when the world was celebrating the International Women's Day.

The respondent case on this issue was that Hadiya was a "vulnerable adult" and that the High Court was empowered to act as her guardian.

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Asokan said he would file a review petition.

He also denied the charge of "love jihad", a controversial term coined by fringe Hindu groups to describe what they claim is a conspiracy by Muslims to lure Hindus into marriage.He alleged that allegations against the Popular Front of India have been made with a sinister design.

The Kerala HC had observed that Hadiya seemed to be mentally indoctrinated and needed her parents' involvement in order to make such an important decision. This Judgement also means that the argument that the marriage was merely a means to traffic Hadiya and take her out of the country was not accepted by the Court.

"We accept the apex court's order as the law has to be respected". Acting on a plea filed by her father, who alleged his daughter was being indoctrinated and may be taken overseas by extremist organizations, the Kerala high court annulled her marriage on 25 May. "We can't allow the test of reasonableness to the legality of marriage", he said. Ashokan, who is at his house at T V Puram near Vaikom, added that he has not heard from Hadiya for a few days now.

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