[vc_row][vc_column][vc_column_text]<\/p>\n
The Supreme Court\u00a0on Tuesday<\/span>\u00a0(January 23) accepted to make Akhila Asokan alias Hadiya a party in the legal battle between her husband, Shafin Jahan, and father, Asokan, over her marriage. Shafin had moved the Supreme Court after the Kerala High Court annulled his marriage to Hadiya while disposing off a petition filed by Asokan that had termed the union as a case of love jihad.<\/p>\n Senior advocate Kapil Sibal had filed the impleadment application before the Supreme Court Bench headed by Chief Justice Dipak Misra and comprising Justices AM Khanwilkar and DY Chandrachud on Tuesday morning.<\/p>\n During the course of proceedings, the Chief Justice pointedly asked: \u201cthe issue to be answered is if the high court can nullify the marriage.\u201d<\/p>\n In remarks that can be viewed as a significant departure by the court from the proceedings in the case so far, the Bench also told the NIA: \u201cYou can probe anything but not on marital status, marriage has to be separated from any criminal action, aspect and conspiracy, otherwise we will be creating a bad precedent… We can\u2019t question the legitimacy of her marriage.\u201d<\/p>\n Shafin had challenged the matter in the Supreme Court. The apex court had, last year, also tasked the National Investigation Agency with probing whether the marriage between Hadiya and Shafin was indeed a case of \u2018love jihad\u2019 and if there was a larger and continuing pattern to such marriages \u2013 a claim that has repeatedly been made by the premier investigation agency.<\/p>\n While Additional Solicitor General (ASG) Maninder Singh, appearing for the NIA, told the Supreme Court\u00a0on Tuesday<\/span>\u00a0that \u201cinvestigation (into the love jihad angle) has been completed substantially,\u201d the Chief Justice remarked: \u201cwe are not concerned about the investigation.\u201d<\/p>\n The Chief Justice wanted to determine whether \u201cthe high court can nullify the marriage under Article 226.\u201d<\/p>\n The contention of Shafin and his lawyers through the ongoing legal proceedings has been that the Kerala High Court had exceeded its jurisdiction by annulling Hadiya\u2019s marriage.<\/p>\n Justice Chandrachud said during\u00a0Tuesday\u2019s<\/span>\u00a0proceedings: \u201cIt\u2019s for the girl to decide who is a good human being and who is a bad human being, for the purpose of marriage.\u201d<\/p>\n The Chief Justice too remarked: \u201cIf the girls says I\u2019m married, what is the court going to do. She is not in an illegal detention.\u201d He also added that if Hadiya\u2019s marriage to Shafin can\u2019t be nullified, \u201cthen investigation pertaining to marital status is not relevant.\u201d<\/p>\n The Bench has posted the matter for further hearing on\u00a0February 2<\/span>.<\/p>\n [\/vc_column_text][\/vc_column][\/vc_row]<\/p>\n","protected":false},"excerpt":{"rendered":" [vc_row][vc_column][vc_column_text] The Supreme Court\u00a0on Tuesday\u00a0(January 23) accepted to make Akhila Asokan alias Hadiya a party in the legal battle between her husband, Shafin Jahan, and father, Asokan, over her marriage. Shafin had moved the Supreme Court after the Kerala High Court annulled his marriage to Hadiya while disposing off a petition filed by Asokan that […]<\/p>\n","protected":false},"author":4,"featured_media":36591,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_eb_attr":"","footnotes":"","jetpack_publicize_message":"","jetpack_is_tweetstorm":false,"jetpack_publicize_feature_enabled":true},"categories":[1497],"tags":[23739,39058,24477,23073,39057],"yst_prominent_words":[20926,16170,20997,39049,39050,4030,39052,4385,4248,4293,16314,16317,39051,5733,39048,18174,32621,4408,4402,39046],"ppma_author":[140543],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/d2r2ijn7njrktv.cloudfront.net\/apnlive\/uploads\/2018\/01\/Hadiya-Shafin.jpg","jetpack_sharing_enabled":true,"authors":[{"term_id":140543,"user_id":4,"is_guest":0,"slug":"apnnewsdesk","display_name":"APN Live","avatar_url":"https:\/\/secure.gravatar.com\/avatar\/478eacb893eda88aa6ed8d99b005bf58?s=96&r=g"}],"_links":{"self":[{"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/posts\/36587"}],"collection":[{"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/comments?post=36587"}],"version-history":[{"count":0,"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/posts\/36587\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/media\/36591"}],"wp:attachment":[{"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/media?parent=36587"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/categories?post=36587"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/tags?post=36587"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/yst_prominent_words?post=36587"},{"taxonomy":"author","embeddable":true,"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/ppma_author?post=36587"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}