The marriage of Hadiya cannot be questioned and the National Investigation Agency cannot focus on it, the Supreme Court said today, referring to the case that came to be labelled as “love jihad” by Sangh Parivar groups. The agency, the court said, can continue its investigation, but cannot question the legitimacy of the marriage of Hadiya.
A marriage has to be separated from any criminal action, aspect or conspiracy, “otherwise we will be creating bad precedent”, said the bench, comprising Chief Justice Dipak Misra, Justice A M Khanwilkar and Justice D Y Chandrachud.
Whether the man to whom she is married is good or not is for her to decide…Whether its independent choice or not, only she knows. If she comes to court and says she is married by her choice, that’s the end of it…”, observed the CJI.
The top court also said that Hadiya had appeared before it and had specifically said she had married Shafin Jahan on her own. The apex court made these observations while hearing Hadiya’s husband Shafin Jahan’s plea against the Kerala High Court annulling their marriage.The court will next hear the matter on February 22.