On Tuesday, the Supreme Court said that NIA cannot investigate Hadiya’s marital status but could continue with its probe into the alleged Hadiya case of Kerala. In today’s markable decision of Supreme Court, the Justice D.Y Chandrachud said: “If Hadiya has no issue with her marriage then that’s the end of the issue”. The three-judge bench of Supreme Court said today that Hadiya is an adult and she has right to choose her life partner. The apex court bench of CJI Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar said that NIA cannot question the legitimacy of Hadiya’s choice. Also, she cannot be forced to live with her husband as she has right to decide her own choices.
As per the reports, the justice A M Khanwilkar and D Y Chandrachud on the hearing of the Shafin Jahan’s plea said that NIA can investigate the case but cannot investigate their marital status. The SC has also stated that alleged victim of love Jihad, Hadiya said in the court that she had married to Shafin Jahan on her own choice. The Supreme Court bench also observed that it would examine whether the order of Kerala High Court was correct in nullifying the marriage while hearing the Habeas Corpus petition. The SC bench comprising of three senior judges is only concerned with the choice of an adult to marry someone. Now the court will hear this matter of 22nd February 2018.
Last year on 27th November, the apex court released Hadiya from her parent’s custody and sent her to the college to pursue her further studies. Also, the court has allowed her to go with her husband. The decision was taken by the court after interacting with 25-year-old Hadiya. Whereas the Supreme Court made these observations today while hearing the plea of Hadiya’s husband Shafin Jahan against the Kerala High Court to nullify their marriage.
"It is #Hadiya to decide about her marriage. If she says she has no issues, thats the end of the issue": Justice Chandrachudhttps://t.co/mgmj6Miky6
— All India Mahila Congress (@MahilaCongress) January 23, 2018
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