Supreme Court to hear Kerala Love-Jihad case today


Supreme Court to hear Kerala Love-Jihad case today

"But in personal law we can not annul the marriage on the ground that she did not marry the right person", the judge added.

Divan said Hadiyas husband was part of a welloiled machinery working in Kerala that was indoctrinating and radicalising society in the state and as many as 89 cases of similar nature have been reported from there.

The Kerala High Court had annulled Ms. Hadiya's marriage to Shafin Jahan. "You can investigate any other thing", the court said, adding if the high court was justified in nullifying the marriage is a pure question of law.

But we can not get into personal relationship between two adults. The government has the power to stop trafficking on the basis of credible information, he pointed out. "If citizens are travelling overseas to be part of a manifest illegality, then too the government has the authority and power to stop it", Justice D.Y. Chandrachud, one of the judges on the bench, said.

The Kerala High Court's order annulling Hadiya's marriage to Jahan in May 2017 was justified under Article 226, Divan said as there was material to prove that a "well-oiled apparatus" was working to convert "vulnerable adults". Can courts of law deal with such an issue and decide whether a marriage is good for one or not?

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In November past year, Shafin Jahan, husband of Hadiya, had filed a complaint with the police, alleging that attempts are being made to reconvert his wife against her wishes, ahead of her appearance in the Supreme Court. "What we are concerned with is the consent to marriage".

In an affidavit filed before the top court, 25-year-old Hadiya also said that she had married Shafin Jahan on her own and sought the court's permission to "live as his wife". Will the courts not overstretch its jurisdiction if they enter into the arena of judging the rights and wrongs of consent to marriage?

Senior advocate Kapil Sibal, who appeared for Hadiya's husband Shafin, said the discussion started after Asokan warned his daughter that she would be taken to Syria for rearing sheep.

The apex court rejected the request of Hadiya's father Asokan K M to adjourn the hearing scheduled for Thursday.

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