Hadiya Case: NIA Can’t Probe into Marital Aspect, Says SC
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“A major woman can't be forced to live with her parents. Only Hadiya had a right to decide on her choices,” said the apex court bench of CJI Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud and added that they can't question the legitimacy of Hadiya's choice. The apex court heard Hadiya’s husband Shafin Jahan’s plea on January 23, after the Kerala High Court annulled their marriage.
“Can a court annul a marriage when both the man and the woman are adults? Will deal with only this question of law,” the bench said
Akhila, a Hindu woman from Kerala, embraced Islam, changed her name to Hadiya, and married a Muslim, Shefin Jahan. But their marriage was annulled by the Kerala High Court in May last year.
“She may be brainwashed, but what can we do? Whether the man to whom she is married is good or not is for her to decide. Whether it’s an independent choice or not, only she knows. We can’t get into it. If she comes to court and says she married by her choice, that’s the end of it,” the court added.
Hearing a plea filed by Jahan, challenging the high court’s decision to annul their marriage, the Supreme Court bench said: “Marriage has to be separated from any kind of criminal conspiracy, criminal affability or criminal action. Otherwise, we are creating a very bad precedent in law”.
The National Investigation Agency (NIA) and Hadiya’s father K. M. Ashokan have contended that Hadiya had been indoctrinated by radical groups and her consent was not free.
The Supreme Court had said that only after talking to Hadiya, it could consider the NIA’s and Ashokan’s contention that Hadiya had been indoctrinated.
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