The Supreme Court on Tuesday observed that the probing agencies could not question the legitimacy of an adult's choice to marry a person of their choice.
The Supreme Court on Tuesday observed that the probing agencies could not question the legitimacy of an adult's choice to marry a person of their choice.
The top court had reconvened for the first time since it had allowed Hadiya, aka Akhila KM, a 24-year-old homeopathy students from Kerala to move out of her parents home and study in Salem, Tamil Nadu.
"She is a 24-year-old girl. If an adult says she married someone with her own consent, how can one contest that marriage?" the bench led by Chief Justice Dipak Misra said.
The bench, also comprising Justices AM Khanwilkar and DY Chandrachud, said an investigation by the National Investigation Agency (NIA) in the Kerala love jihad matter would not have a bearing on Hadiya's marital status.
However, representing Hadiya's father Ashokan KM — who had opposed his daughter's marriage to Shafin Jahan — advocate Madhavi Divan said, "Your Lordships are looking at marriage in isolation. Please note that she was not married at the time the petition was filed before the Kerala High Court. The prayer at that time was that the girl was unwilling to return to her parents. The marriage is merely a devise to legitimise her illegal confinement."
To this, Justice CHandrachud said, "You may be right that the marriage is solely a devise. But once Hadiya says that she is married, we cannot question the legitimacy of her choice. How can the writ of habeas corpus be issued in respect of an adult girl?"
However Divan argued that perhaps the marriage was not out of choice if she did not posses the mental capabilities to take the decision on her own. "In this one of a kind case, the court is required to examine the extent of the habeas corpus jurisdiction where an adult does not have any known physical or mental incapacity. Here marriage was a device to legitimise her confinement with the conversion institution. The court cannot shut it's eyes to a highly sophisticated network at play where marriage was only a last step in a much larger modus operandi," Divan argued.
Cutting Divan in the middle, CJI Misra said, "Marriage should be free of any criminal conspiracy, criminal affability or criminal action. Otherwise it shall be a bad precedent in law. 'X' married 'Y'- that is it. We cannot get into if the choice is independent."
"My prayer is not regarding the marriage. We are not only concerned about the welfare. When the girl is an adult, what is the jurisdiction of the High Court to grant the writ of habeas corpus if the girl is deemed to be mentally or intellectually insufficient?" Divan persisted.
"The girl has appeared before us as well as the High Court. She is not in illegal detention," CJI Misra said. "We cannot see how she has been brainwashed. We cannot interfere," the bench said towards the end of the matter.
After almost 11 months, Hadiya was allowed to live by herself and complete her studies, without parental supervision. In November 2017, the top court had granted her request for freedom and allowed Haidya to continue her studies in TN. IN 2016, almost two eyars after Hadiya converted to islam, she married Shafin Jahan. In May 2017, the Kerela High Court had annulled her marriage on an appeal filed by her retired military man father Ashokan KM.
HADIYA CASE
- The SC bench said Hadiya was an adult who married a person with her own consent.
- It said the probe would not have a bearing on Hadiya’s marital status.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Supreme Court")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}