Kerala Love Jihad case: NIA cannot go into marital status of Hadiya, says SC

The Supreme Court on Tuesday observed that the National Investigation Agency (NIA) cannot question the legitimacy of Hadiya's marriage in the alleged Kerala Love Jihad case.

A three-judge bench of the Supreme Court, headed by Chief Justice of India (CJI) Dipak Misra said that NIA can continue with its probe but it cannot investigate into the marital status of the man and the woman. 

The NIA told the top court that it has made substantial progress in its probe into the alleged love jihad case of Kerala. 

The top court will hear the matter on February 22.

"We expect the NIA to file a report & the court to permit the girl to continue her studies. We are happy that she is safe. Let's see what happens," said A Raghunath, one of the counsel of Hadiya's father.

In November last year, Hadiya told the Supreme Court that she wanted to be with her husband Shafin Jahan.

The 24-year-old has been in the headlines after she became a Muslim, following her marriage to Jahan.

Hadiya said she had married Jahan out of her own will and not forcibly.

During the course of the hearing, Hadiya, who was born as Akhila Ashokan, also said she wanted freedom and to see her husband after the top court asked whether she would prefer to continue studies.

The top court has now directed Hadiya, who currently is in the custody of her parents, to be taken to college for her studies and that college should allow hostel facility to her.

The top court also ordered Hadiya's college dean to be her guardian after she requested for it.

Meanwhile, counsel for Hadiya's father, Rajendran, argued that the material submitted by National Investigation Agency (NIA) should be looked into, while saying a modus operandi exists for conversion.

Earlier, the NIA had submitted a status report in a sealed cover to the top court in connection with the case.

The apex court has been hearing Hadiya's case after Jahan approached the top court following Kerala High Court, annulling his marriage with Hadiya.

While Hadiya's parents have been alleging that her marriage was a case of love jihad and that she was converted to Islam forcibly, Hadiya has refuted these claims so far.