Kerala love jihad case: SC says consent of women is important, asks to produce her on November 27
Thiruvanathpuram/Kerala, October 30: In the Kerala love jihad case, a consent of a woman is the most important aspect that should be considered, the Supreme Court said on Monday after hearing the case.
The Kerala High Court had placed Hadiya in her parents’ custody in May. The chief Justice Deepak Misra said that in a habeas corpus matter, the consent of the girl is the most important element to consider.
The bench said that there was no need for an investigation into the case, based on a petition filed by Hadiya’s husband Shafin Jahan in August, challenged the High Court order invalidating his marriage on charges of love jihad.
On October 9, the bench discontinued the hearing after objecting to the arguments made by Shafin Jahan’s lawyer Dushyant Dave.
The Kerala government denied the claims of the National Investigation Agency that the case was part of religious conversions in the state in October.The police were performing the investigation very efficiently till the Supreme Court intervened in August and gave the case to the central agency.
Hadiya , alias Akhila Ashokan got converted to Islam and married Shafin Jahan in 2016. The Kerala High Court annulled the marriage in May after a petition was filed by her father. In the petition that was filed by her father, it was written that Muslim organisations planned to take her abroad to get her to join the Islamic State group.
The High Court moved Hadiya to her father’s house in Kottayam district. The Supreme court bench led by Chief Justice Dipak Misra questioned the National Investigation agency investigation on October 3. Chief Justice Dipak Misra said that the Kerala High Court had no authority to annul the marriage.
The Supreme Court directed the father of Hadiya to produce her in court on November 27. The court will interact with the woman in an open court and the hearing will be done on 3 pm on November 27.