A day after the Supreme Court validated Ms. Hadiya's marriage with the Muslim, Mr. Shafin Jahan, the 26-year-old homeopathy student applied for three days leave and left with her husband for her home state Kerala on Friday.
On a petition from Hadiya's father Asokan, Kerala High Court had annulled the marriage last May on the ground that Hadiya, who is in her mid-20s, had been brainwashed into marriage and radicalised.
In November, the apex court had allowed Hadiya to resume her studies at a homeopathic college in Tamil Nadu's Salem, after she was placed under her parents' custody since her marriage was annulled last May.
The judges, acting on a petition filed by Jahan challenging the HC order, said they were reviving the marriage convinced after the interaction with Hadiya on November 27 past year in open courtroom during which she admitted the marriage and indicated that she had exercised her free consent.
Asokan and NIA vehemently argued that the marriage was part of a well-oiled machinery prevailing in Kerala to indoctrinate vulnerable youth to embrace Islam and lure them away to countries like Syria but the bench was not inclined to accept the argument and said "when two consenting adults marry we can not get into correctness, justness. its not fair". "She appeared before this court and admitted her marriage with Shafin Jahan", added the Bench. The top court, however, maintained that the National Investigative Agency (NIA) can continue its investigations into whether there was any criminality involved, but it shouldn't probe into the marriage. This was portrayed as "love jihad", and NIA has been asked to investigate possible links with Islamic State (IS). "Investigation is going on in the case", he said.
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"It was no coincidence that the Supreme Court order in my favour was issued on the Women's Day".
Months after converting to Islam in January 2016, Hadiya married Jahan, triggering allegations of forced conversion.
Families and the wider society often interfere in matters that the judgment dealt with, and unthinkingly intrude upon an individual's inherent right to privacy, which an earlier judgment of the court held was like a fundamental right.
"We accept the apex court's order as the law has to be respected".
Additional solicitor-general Maninder Singh offered similar arguments on behalf of the NIA.