Supreme Court directs appearance of Hadiya in Court to assess consent

As reported in the IIIrd edition of this year’s newsletter, the decision of the Kerala High Court to annul the marriage of two adults on the grounds that the husband, a Muslim, had enticed a 24 year old adult woman, a Hindu, into marriage, had been challenged in a special leave petition before the Supreme Court. Initially, the Supreme Court had admitted the petition in order to investigate the circumstances in which the marriage occurred, and had also ordered a National Investigation Agency probe into the matter, lending credibility to the widely criticised theory of ‘love jihad.’ However, upon insistence of the petitioner’s counsel, the court agreed to hear Hadiya in person, and ordered her father, who currently has her custody, to produce her in Court.

Shafin Jahan v. Asokan K.M. and Ors. SLP (Crl.) No. 5777/2017 (Supreme Court of India)