Hadiya Jahan, 24, who was born Akhila Ashokan, converted to Islam from Hinduism and married Shafin Jahan, a Muslim man, in December 2016.
What can be seen as a big relief in the kerala "love jihad" case, the Supreme Court today, restored the marriage of Hadiya by setting aside the earlier Kerala High Court order which had annulled the validity of marriage.
The Supreme Court allowed Hadiya alias Akhila, to be freed from her father's custody and resume her studies at a Salem-based homeopathic college after she repeatedly pleaded that she wanted the freedom to make her own choices.
The NIA, too, had said previously that Hadiya and Jahan's marriage could be classified as a case of "love jihad". The top court had in November 2017 freed Hadiya from her parents and sent her to persue her studies. During the hearing, the CJI added that he had never come across such a case before and said that they can not go into the neurological aspect of the consent by a sound adult mind. "I will try to convince the court about it once again", he said. Hadiya told the apex court that her response to the NIA's question that she "does not remember" was being construed as "lying" and that some personnel "behaved as if she was a criminal or a terrorist". Jahan on September 20 approached the apex court seeking recall of its order directing the NIA to investigate the controversial case of conversion and marriage of Hadiya.
"But for my efforts, my daughter would have been transported overseas and become untraceable", he said while alleging that Hadiya was so deeply conditioned that she has gone to the extent of alleging that her mother attempted to poison or drug her.
The SC, however, said that the National Investigation Agency (NIA) probe into the alleged "love jihad" phenomenon would be taken to its logical conclusion by the agency in accordance with the law. "I respectfully reiterate that I am a Muslim and I want to continue to live as a Muslim ..."