Kerala 'love jihad' case: Supreme Court upheld girl's consent in marriage
Oct 31 2017
The court had said on October 9 that consent was the most important determinate factor in the case. "I will produce Hadiya before the court on November 27", he said.
In the Kerala "Love Jihad" case, the Supreme Court has observed that the consent of the girl is prime and she is a major.
He urged the court to go through a status report filed by the NIA before deciding to allow Akhila, renamed as Hadiya, to go with her husband from the custody of her father. On her father's claim, the Kerala High Court had accepted that Shafin Jahan has links with terror-outfits.
The proceedings in what has come to be called the Kerala love jihad case, on Monday, saw high voltage arguments being put forth by senior advocates Shyam Divan and Kapil Sibal and Additional Solicitor General Maninder Singh - each of them trying hard to pursue their respective stands in the matter.
She said that the case paints an entire minority community as "aggressors and manipulators", referring to allegations of "Love Jihad". I am sure I will be killed tomorrow or day after.
Last week, Hadiya had recorded a video message saying that she feared death as his father was increasingly getting angry.
"Although this direction comes quite late, I am happy that the court has taken the decision". There is no law stating that a person can't marry a criminal. "The question is do courts respond to such radicalisation or do they remain silent?", Divan said. The special bench of Chief Justice Dipak Misra will today hear a case related to reforms that need to be carried out in the Board of Control for Cricket in India.
Hadiya's husband Shafin Jahan has expressed great happiness in this recent development.
The direction to produce Hadiya in open court comes as a victory for several rights activists, who have been alleging that the 25-year-old is being confined against her will in her parents' home and is being harassed, and have been demanding that she be set at liberty.
"I am concerned that with the next date of hearing a month away, she will have to suffer and live with her parents against her wishes", Grover said.
The NIA told the court that there is a pattern and it had found 89 cases of indoctrination in Kerala.