Supreme Court: In the case where Kerala High Court annulled the marriage of a Hindu Girl to a Muslim Boy after her conversion to Islam calling it a case of Love Jihad, the 3-judge bench of Dipak Misra, CJ and AM Khanwilkar and Dr. DY Chandrachud, JJ directed the presence of the girl Hadiya before it on 27.11.2017. The bench said:

“this Court shall speak to her not in camera but in open Court.”

The Court also took note of the submissions of Additional Solicitor General Maninder Singh, appearing on behalf of the National Investigation Agency and Senior Advocate Shaym Divan, appearing for the father of the girl that in a case of the present nature when there is material with regard to a pattern of indoctrination, the choice of the person should not be treated as absolute for guiding the jurisdictional spectrum of habeas corpus.

The counsels highlighted the antecedents of the boy and his association with the Popular Front of India, he should not be straight away allowed on the basis of the interaction with the lady until the larger issue is decided.

Senior Advocate Kapil SIbal, appearing for the petitioner i.e. Hadiya’s husband, objected to the said contention.

Earlier, the Court had said that the father can’t insist on her custody.

The Court has listed the matter on 27.11.2017 and Senior Advocate Shyam Divan has taken the undertaking that his client will produce his daughter Hadiya before the Court on the said date. [Shafin Jahan v. Asokan K.M.,  2017 SCC OnLine SC 1259, order dated 30.10.2017]


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