SC Questions Kerala HC’s Decision to Annul “Love Jihad” Marriage

The apex court is to examine whether the High Court can annul the marriage by exercising its writ powers.

(Photo: The Quint)

The Supreme Court will hear the plea of the Kerala man opposing the NIA probe into his marriage with a Hindu woman who converted to Islam on 9 October.

The apex court is to examine whether the High Court can annul the marriage by exercising its writ powers.

Dushyant Dave, the lawyer arguing the man’s case, stated that courts have no right to annul a marriage based on suspicions, especially when neither side has asked for an annulment.

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The case involves Akhila Ashokan rechristened as Hadiya upon conversion to Islam, and Shefin Jahan, an NRI from the Gulf.

The Kerala High Court had annulled their marriage on 24 May, after making observations, and ruled that a high-level probe was required to study the possibilities of a ‘love jihad’, and a suspected ISIS link. 

Jahan submitted a plea to the Supreme Court challenging the High Court's annulment.

The case was brought to the High Court's notice when Hadiya's father KM Ashokan filed a haebeus corpus petition following her marriage to Jahan in December last year. Ashokan claimed that his daughter was being influenced while she was pursuing her studies, and was being converted with the intention of sending her to Syria.

Hadiya is currently under house arrest and Jahan claims that she is still practising Islam despite being pushed to re-convert by her family.

Also Read:
Kerala Love Jihad Case: Akhila’s Journey to Becoming Hadiya
Supreme Court Asks the Wrong Questions in Kerala ‘Love Jihad’ Case