New Delhi: The Supreme Court has said that the National Investigation Agency (NIA) can’t probe the marital aspect in the Kerala 'Love Jihad' case.
The apex court bench of CJI Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud said they can't question legitimacy of Hadiya's choice. “A major woman can't be forced to live with her parents. Only Hadiya had a right to decide on her choices," the bench said. The apex court is hearing Hadiya’s husband Shafin Jahan’s plea against the Kerala High Court annulling 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 court added.
A Raghunath, one of the counsel of Hadiya's father said, "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". The SC will hear arguments in the case on February 22.
In November last year, the SC sent Hadiya to Salem in Tamil Nadu to enable her to pursue her homoeopathic studies.
The apex court appointed the dean of the Salem-based homoeopathic college as Hadiya's guardian and granted him liberty to approach it in case of any problem. Hadiya has been staying at her parental home for several weeks.
A SC bench had directed the college and the university to re-admit Hadiya and grant her hostel facilities.
During the hearing which went for over-two hours, she said she wanted to go with her husband Shafin Jahan. When Justice Chandrachud asked her about her dreams for the future, she said,"I want freedom."
The Kerala High Court had annulled the marriage terming it as an instance of 'love jihad', following which he had approached the apex court.
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