Hadiya, Shafin leave for Kerala

Hadiya, Shafin leave for Kerala

Hadiya, Shafin leave for Kerala

The Supreme Court ordered an independent investigation.

Hadiya, formerly called Akhila, left Hinduism to embrace Islam in January 2016. The judgement comes on the back of a series of hearings in which the Bench, comprising Chief Justice of India Dipak Misra, DY Chandrachud and AM Khanwilkar, has consistently maintained that the 26-year-old Hadiya is old enough to make her own choice.

She said she was really happy with the Apex Court's verdict that revoked the Kerala High Court's order which nullified her marriage to Shefin Jahan.

"The fact that Hadiya was married or not was irrelevant to decide the habeas corpus petition", the apex court said, adding that the NIA can not go into the legality of consent for marriage. The court also did the right thing by allowing the National Investigation Agency (NIA) to continue its probe into any possible element of criminality in the circumstances of the marriage.

It is unusual how the Kerala High Court not only failed to see this elementary point but sought to infantilise an adult woman by denying Hadiya her agency. Though the Supreme Court has rested the controversy, its directive to the NIA to investigate if her husband has links with extremist outfits will keep the issue alive and in intense focus of the media.

Speaking to the media during an interval session at the college on Friday, a beaming Ms. Hadiya said the court verdict had brought her enormous joy and satisfaction. On this basis, one may presume that either the Court was satisfied by the lawful nature of the marriage, or that the respondents in the present case failed to submit conclusive evidence against the lawful nature of the marriage. Releasing the operative part of its decision with a detailed order to follow later, the Bench observed that marriage made no difference at all as even without it, the girl was unwilling to return to her father.

He claimed that the NIA was continuing with its probe because it was convinced Mr Jahan was a terrorist.

"We accept the apex court's order as the law has to be respected". But we can not touch the marriage. "We will seek legal recourse", Ashokan added.

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