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Love-jihad case: Supreme Court sets aside Kerala HC order, restores Hadiya-Shafin marriage

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Love-jihad case

[vc_row][vc_column][vc_column_text]Apex court also said that in case any criminality is found, the National Investigation Agency is free to investigate

The Supreme Court on Thursday, March 8, set aside the Kerala High Court order that annulled the marriage of adult Hadiya with another adult, Shafin Jehan, saying Hadiya was free to pursue her future endeavours in accordance with the law.

After this, Hadiya’s marriage to Shafin stands legally valid again.

In what became famous as the “love-jihad” case, on May 24, 2017, the Kerala High Court had nullified her marriage with Shafin Jehan, sent her to her parents’ custody and ordered a probe into it the so-called ‘love jihad’.

After hearings concluded on Thursday, the Supreme Court’s three-judge bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, in its order allowed appeal but set aside the order where marriage has been annulled while hearing a habeas corpus writ under 226.

The court, however, said that the National Investigation Agency (NIA) probe into alleged cases of Islamic conversion in Kerala by a “well-oiled network” would continue.

The case of the marriage of Hindu girl Hadia, original name Akhila, to a Muslim youth Shafin Jahan created ripples across judicial circles, especially after the Kerala High Court unilaterally annulled their marriage and sent Hadia back to her parents’ house. The issue of whether any court of law or any other third party can declare void a legal wedding of two consenting adults was a problematic issue that the Supreme Court took some time to resolve, because of the extenuating circumstances woven around it.

Hadia’s father Asokan has claimed that Jahan’s principal intention was to recruit his daughter to take her to Syria as a sex slave, or to join a jihadi movement. Even the NIA has become involved in this (the Supreme Court ordered it), having submitted a report on supposed “recruitments” by alleged ISIS recruiting agents. Jahan has been termed as one of them, say allegations. The court was to decide if this was a case of simple love-jihad or a case of planned human trafficking.

The Court had set up a committee to look into this with the help from NIA, but the head of that committee, retired Supreme Court judge, Justice RV Raveendran, in last August turned down the offer. Shafin had thereafter appealed the Kerala High Court verdict.

During the hearing on Thursday, senior advocate Kapil Sibal raised two preliminary objections. He said: “It was a regular habeas corpus writ. So how does the question of validity of marriage arise? How can the high court nullify the marriage?

“Secondly, no third party can move court in order to nullify a marriage which has taken place between two consenting adults,” he said.

Senior counsel Shyam Divan said: “In an appropriate case the high court may annul a marriage. It has the inherent jurisdiction.”

The CJI asked: “Can the court interfere with consensual obsession?”

Justice Chandrachud said: “We cannot completely rule out interference while nullifying the marriage. In exceptional cases the court can. For example, when a 16-year-old girl marries an 80-year-old man because she is poverty stricken or is being coerced. The court can then interfere whether the girl challenges such a marriage or not. This is an extraordinary situation, where trafficking is taking place.”

The CJI asked: “Can you nullify marriage under 226? I have never come across such a situation. We cannot go into the neurological aspect of consent by an adult of sound mind.”

Then the CJI told Additional Solicitor general Maninder Singh: “You can proceed with your investigation without touching the aspect of marriage. If marriage is a disguise to commit a crime, you can hold the person and proceed with the investigation. But whether the marriage is a disguise or not is a separate issue.”

Justice Chandrachud said: “Hypothetically, if the girl wasn’t married, can the court compel the girl to return to her father? No. While hearing a habeas corpus writ under 226, the aspect of marriage won’t have any significance.”

The ASG said: “If a marriage is free and valid, the state or the court has no role. But if prima facie investigation reveals otherwise, in that case what should be the status and role your lordships may decide. I’m not making any submission on that regard. Your lordships can guide us in this case and in future ones.”

Sibal said that the Kerala High Court report came after the order that no offence is made out. These are not scheduled offences.

Divan said: “It is a marriage fraud, therefore it is within the state interest to protect the victim. There was fraud within the marriage, therefore the sanctity of marriage can be invoked in this case?”

The court said: “We are not concerned with the offences here.”

The ASG said: “This is not the case of a love-marriage, but marriage on the basis of an online portal. Under section 153 A, 295A, 107 of the IPC and 57 of the Kerala Police Act an FIR had been registered. She did not mention  about her marriage earlier on Facebook, although she is very expressive about her personal life there.”

Divan also mentions other cases where similar modus operandi have been used, saying that this was an organizational racket. “Conversation was there, in which she expressed her desire to go to Syria and her husband wanted to send her to Yemen. The high court noticed that a pattern was taking place where young women were being trafficked in a similar pattern. There were already similar cases before the high court. Thus the high court declared the marriage bogus.

“The high court looked into the matter with additional dimension. Facebook posts etc are enough to invoke the jurisdiction of the high court. As it is a case of marriage fraud and trafficking, can a constitutional body remain mute in such cases?”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1520506473871{padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #cccccc !important;border-radius: 10px !important;}”]THE TIMELINE

The basics

Akhila is 56-year-old retired Armyman K M Asokan’s only daughter. Her mother’s name is Ponnamma. She is from TV Puram in Kerala’s Kottayam district. She was a mediocre student at the Government Higher Secondary School there and cleared her higher secondary exans on her second attempt. She then joined the private Sivaraj Homeopathy Medical College & Research Institute in Salem, Tamil Nadu, 400 km from her home. She was 18 at that time. She met Shafin on an online marriage site and they were married in 2016. Asokan did not accept this and went to court.

In courts

May 2017: Kerala High Court annuls her marriage. Asokan’s allegation was that Jahan was trying to recruit her for terror activities and take her to Syria. The court sends Hadiya back to her father’s house.

August 16, 2017: Supreme Court orders NIA probe into the case. On camera, Hadiya reiterated that she wanted to stay with her husband and nowhere else. On October 27, in a video recording, Hadiya alleged that she could be killed by her father any moment.

October 30, 2017: Supreme Court orders Asokan to take Hadiya to the apex court. By that time Hadiya was 24.

November 6, 2017: National Commission For Women Meets Hadiya an reported that she was safe and not subjected to any abuse.

November 14, 2017: Asokan denies permission to Hadiya to meet Kerala Women’s Commission

November 15, 2017: Jahan approaches police to seek Hadiya’s safety

November 21, 2017:  Hadiya’s father demands that Supreme Court hold in-camera hearing. Before this the NIA had interrogated Shafin for six hours.

November 24, 2017: Hadiya reiterates that she had married of her free will.

November 26, 2017: Asokan’s lawyer says Hadiya “does not have an independent mind” and that she has been “brainwashed”.

November 27, 2017: Hadiya to testify in Supreme Court.

March 8, 2018: The apex court verdict[/vc_column_text][/vc_column][/vc_row]

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Yogi Adityanath takes a dig at Akhilesh Yadav over Ram Temple visit plan

Yogi Adityanath’s remarks came after the Samajwadi Party announced that Akhilesh Yadav would visit the Ram Temple in Ayodhya on December 12.

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Yogi Adityanath

Uttar Pradesh Chief Minister Yogi Adityanath on Saturday took an apparent swipe at Samajwadi Party chief Akhilesh Yadav over his planned visit to the Ram Temple in Ayodhya, saying those who had fired on Ram devotees should first apologise to them and to the saints.

Yogi made the remarks while addressing the 10th edition of Deepotsav in Ayodhya. He did not name Akhilesh Yadav directly.

Yogi’s remarks come after Akhilesh’s Ayodhya visit plan

The chief minister’s comments came after the Samajwadi Party announced that Akhilesh Yadav would visit the Ram Temple in Ayodhya on December 12. It would be his first visit to the temple since its inauguration, according to the report.

Yogi said those who had earlier neglected and insulted Ayodhya, opened fire on Ram devotees and subjected saints to lathicharge should come to the city only after seeking forgiveness.

“Let them apologise to the devotees of Lord Ram; let them apologise to the saints,” Yogi said, adding that they should repent for their past actions.

Reference to 1990 firing on kar sevaks

Yogi’s remarks referred to the 1990 police firing on kar sevaks during the Ram Janmabhoomi movement. At the time, the Uttar Pradesh government was headed by Mulayam Singh Yadav, Akhilesh Yadav’s father.

The chief minister said those who had once “bloodied” Ayodhya were now remembering the city. He also criticised political leaders over their conduct at religious gatherings, referring to the decorum of a katha.

Akhilesh has not yet visited the Ram Temple

Akhilesh Yadav has visited Ayodhya earlier but has not so far visited the Ram Temple. The SP leader was in the city on October 8 to attend a Bhagwat Katha organised by party leader Pawan Pandey.

According to the report, Akhilesh and his wife, Mainpuri MP Dimple Yadav, are scheduled to offer prayers at the Ram Temple and Hanumangarhi on December 12.

The planned visit comes amid political activity in Ayodhya ahead of the Uttar Pradesh Assembly elections due by February 2027.

Yogi highlights Ayodhya’s transformation

During his Deepotsav address, Yogi also spoke about the changes in Ayodhya and described the city’s transformation as an ideological victory.

He said those who had previously neglected Ayodhya were now witnessing its development. He also said Lord Ram represented India’s national consciousness, culture, values and self-respect.

The chief minister further recalled the Ram Janmabhoomi movement and said Ayodhya had regained the glory for which kar sevaks and saints had struggled.

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Ahead of Diwali, Yogi govt hikes DA by 5% for UP government staff

The Uttar Pradesh government has increased Dearness Allowance by 5 percentage points, taking it from 58% to 63%. The revised rate will benefit lakhs of eligible employees ahead of Diwali.

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Yogi Adityanath

The Uttar Pradesh government has announced a 5 per cent increase in Dearness Allowance (DA) for state government employees ahead of Diwali. With this revision, the DA rate has increased from 58 per cent to 63 per cent, providing financial relief to lakhs of eligible employees across the state.

The revised allowance will be effective from July 1, 2026, according to the government announcement. A government order was also issued on Saturday, November 7.

The enhanced DA will be paid along with employees’ regular November 2026 salaries.

Which employees will benefit from the DA hike?

The decision covers regular state government employees and several other categories of eligible staff.

These include employees of aided educational and technical institutions, regular and full-time employees of urban local bodies, work-charged employees and personnel drawing salaries under University Grants Commission (UGC) pay scales.

The revision is expected to benefit a large section of the Uttar Pradesh workforce ahead of the festive season.

What happens to the DA arrears?

The revised DA rate will apply retrospectively from July 1, 2026. Consequently, employees will also be entitled to arrears for the period preceding the November salary payment.

The government has made provisions for the payment of the arrears for July to October 2026. These amounts will be credited to employees’ provident fund accounts, according to the reported payment arrangements.

The enhanced allowance for November will be reflected in the regular salary for that month.

The decision comes ahead of Diwali and will provide additional financial relief to eligible government employees in Uttar Pradesh.

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Himanta Sarma to approach court over threat to gherao home in Zubeen case

Assam Chief Minister Himanta Biswa Sarma said his government would approach the Supreme Court and Gauhati High Court over a threat to gherao his residence if two prime accused in the Zubeen Garg death case are granted bail.

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Assam Chief Minister Himanta Biswa Sarma on Friday said the state government would bring before the Supreme Court and Gauhati High Court a threat by a group to gherao his residence in connection with the Zubeen Garg death case.

Speaking to reporters, Sarma described the threat as a serious matter, saying it posed a danger to his family and could amount to a direct attempt to murder.

The development comes ahead of the Supreme Court hearing on November 30 of the bail petitions filed by Shyamkanu Mahanta and Siddhartha Sharma, the two prime accused in the case.

Why Himanta Sarma plans to approach the courts

Sarma said he had instructed the state government’s legal department to bring the matter to the notice of both the Supreme Court and Gauhati High Court.

The Chief Minister objected to the group threatening to target his residence rather than holding a protest near the Chief Minister’s Office.

He said those questioning the judicial process should approach the Supreme Court or the high court instead of targeting him. Sarma also maintained that the courts should be allowed to carry out their work.

According to him, attempts to question the judicial process in this manner could obstruct the path of justice.

What the group said about the bail pleas

The Zubeen Garg Nyay Samiti, led by Raijor Dal MLA Akhil Gogoi, had announced on Thursday that it would gherao the Chief Minister’s residence under certain circumstances.

The group said it would carry out the protest if Shyamkanu Mahanta and Siddhartha Sharma were granted bail or if the Assam government failed to mount an effective legal opposition to their bail pleas.

The Supreme Court is scheduled to hear the bail petitions of the two accused on November 30.

Bail granted to two accused in the case

The Gauhati High Court granted bail to singer Amritprava Mahanta, an accused in the Zubeen Garg death case, on October 9. She was granted bail against a bond of Rs 50,000 and two sureties of the same amount.

The high court has also granted bail to Sandipan Garg in the case.

Referring to the bail order concerning Amritprava Mahanta, Sarma said it mentioned that 160 witnesses had not named her during the court hearing, despite having done so during the investigation conducted by the Special Investigation Team (SIT).

Responding to questions over the development, Sarma said the witnesses should be questioned about the discrepancy rather than him.

What happened to Zubeen Garg?

Singer Zubeen Garg died in Singapore on September 19 last year while swimming in the sea.

Police in Singapore had said that no foul play was involved in his death. Garg had travelled to Singapore to attend the fourth edition of the North East India Festival (NEIF).

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