Supreme Court Sets Aside Kerala High Court Order Annulling Hadiya's Marriage

Hadiya's marriage restored

Hadiya's marriage was annulled by the Kerala high court on the basis of a petition filed by her father but the Supreme Court on Thursday set aside the high court order. The verdict came as a special gift for Hadiya, who had waited all along to be united with her husband after her father was successful in persuading the Kerala HC to annul the marriage and secure her custody.

K M Asokan, the father of Hadiya has said that he would consider filing a review petition after the Supreme Court declared his daughter's marriage valid. The division bench presided by CJI Dipak Mishra also said that the HC breached their jurisdiction in taking the decision to nullify the marriage between Hadiya and Shefin. The top court, however, maintained that the National Investigative Agency (NIA) can continue its investigations into whether there was any criminality involved, but it shouldn't probe into the marriage.

The Kerala High Court had nullified the marriage between Hadiya and Shefin Jahan on May 24, 2017. What the Court also mentions is that the Judgement will not affect any ongoing investigations by the NIA. It must be noted that the Hadiya case has brought to the fore the alleged well-oiled racket to indoctrinate Hindu women as part of a larger sinister plot to convert them to Islam and use them as tools to further a devious design. "I have told everything to the court".

Pronouncing a brief operative order after lunch, Chief Justice Misra said the High Court should not have annulled the marriage between the two, following a Habeas Corpus petition, by exercising its powers under Article 226 of the Constitution. "Investigation is going on in the case", he said.

Families and the wider society often interfere in matters that the judgment dealt with, and unthinkingly intrude upon an individual's inherent right to privacy, which an earlier judgment of the court held was like a fundamental right. Neither Hadiya nor Shafin was present in court.

Additional solicitor-general Maninder Singh offered similar arguments on behalf of the NIA.

Justice Chandrachud, however, said that "the moment we step into the realm of public law, we are stepping into a risky domain".

Senior Advocate Kapil Sibal, who appeared for Jahan, requested the court to not take any of the NIA's arguments at face value.

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