Hadiya Love Jihad case: Tells apex court she wants to study, live with husband

Updated: Nov 28, 2017, 10:35 IST | Agencies

25-yr-old Hadiya tells apex court that she wants to pursue her studies and live with her husband; SC grants her freedom, will hear her again in January

The Supreme Court yesterday freed a Kerala woman, alleged to be a victim of 'love jihad', from the custody of her parents and sent her to college to pursue her studies, even as she pleaded that she should be allowed to go with her husband. After a prolonged proceedings in the open courtroom, the top court did not accede to Hadiya's plea that she should be allowed to go with her husband. She also told the court she wanted "freedom" to live and profess Islamic faith.

Hadiya with her husband Shafin Jahan. FILE PIC
Hadiya with her husband Shafin Jahan. FILE PIC

The apex court, which interacted with 25-year old Hadiya for nearly half-an-hour in the courtroom against the wishes of her father who had sought an in-camera interaction, directed the Kerala police to provide her security and ensure that she travelled at the earliest to Salem in Tamil Nadu to pursue homepathy studies at Sivaraj Medical College there. Hadiya was in the custody of her parents for almost six months, after the Kerala High Court had on May 29 annulled her 'nikah' with Shafin Jahan. Hadiya, a Hindu by birth, had converted to Islam several months before her marriage.

The court fixed the plea of Jahan, challenging Kerala High Court's order annulling his marriage with Hadiya, for hearing in the third week of January next year. A bench headed by Chief Justice Dipak Misra also appointed the dean of the college as her local guardian and granted him liberty to approach it in case of any problem.

'I am happy'
Expressing happiness over Supreme Court's order, Sheffin Jahan, husband of Hadiya said his stand has been vindicated. "My stand has been vindicated. I am very happy," Sheffin told the reporters.


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'Husband can't be guardian'

A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud interacted with Hadiya and posed questions on her life, ambition, studies and hobbies. Hadiya told the apex court that she wanted 'freedom' to live with her husband, profess her faith in Islam and that she very well understood what she was doing.

When the bench asked Hadiya to name a local guardian in college at Salem in Tamil Nadu, she said her husband could be her guardian and she does not want anyone else in that role. "A husband cannot be a guardian of his wife. Wife is not a chattel. She has her own identity in life and society. Even I am not guardian of my wife. Please make her understand," Justice Chandrachud said.

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