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Consent Of Hadiya Is Prime, Says Supreme Court In 'Love Jihad' Case

The court directed that Hadiya be produced in court on November 27.
Women associated with India Against Love Jihad hold placards and form a human chain to protest against love jihad and conversion to Islam at MP Nagar on September 12, 2014 in Bhopal, India.
Hindustan Times via Getty Images
Women associated with India Against Love Jihad hold placards and form a human chain to protest against love jihad and conversion to Islam at MP Nagar on September 12, 2014 in Bhopal, India.

The Supreme Court today directed the father of a Kerala woman, who had converted to Islam and married a Muslim man, to produce her before it on November 27.

A bench, comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud, asked senior advocate Shyam Divan, representing the father of the woman, to ensure that she is produced that day for interaction with the bench, which is likely to ascertain her mental stage and whether she had given free consent to the marriage.

The National Investigation Agency, represented by Additional Solicitor General Maninder Singh, said there was a well-oiled machinery working in the state and they are indulging in the indoctrination and radicalisation of the society in the state where as many as 89 cases of similar nature have been reported.

Divan, appearing for woman's father K M Ashokan, claimed the alleged husband of his daughter is a radicalised man and several organisations like Popular Front of India (PFI) are involved in radicalisation of the society.

Senior advocate Kapil Sibal, appearing for her husband Shafin Jahan, opposed the NIA's submission and that of the woman's father.

The woman, a Hindu, had converted to Islam and later married Jahan. It was alleged that the woman was recruited by Islamic State's mission in Syria and Jahan was only a stooge.

Jahan had on September 20 approached the apex court seeking recall of its August 16 order directing the NIA to investigate the controversial case of conversion and marriage of a Hindu woman with him.

Meanwhile, the Kerala government had on October 7 told the Supreme Court that its police had conducted a "thorough investigation" into her conversion and subsequent marriage to Jahan and did not find material warranting the transfer of probe to the NIA.

Jahan had moved the apex court after the Kerala High Court annulled his marriage, saying it was an insult to the independence of women in the country.

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This article exists as part of the online archive for HuffPost India, which closed in 2020. Some features are no longer enabled. If you have questions or concerns about this article, please contact indiasupport@huffpost.com.