Hearing a petition filed by a Kerala man-Shefin Jahan, a bench headed by Chief Justice of India Dipak Mishra said, "The question is whether an HC on an Article 226 petition can annul the marriage". As per reports, the court concluded: "She is a 24-year-old woman" and they could not "have control over her". Their marriage was annulled by the High Court of Kerala on the plea of Love Jihad.
The Court would be hearing the case again on Monday.
On behalf of the NIA, Additional Solicitor General Tushar Mehta opposed it, saying it was the court which ordered the NIA probe and there was a pattern to conversions and such marriages in Kerala.
Appearing for Shafin Jahan, senior counsel Dushyant Dave told the court that the NIA probe into Jahan and Hadiya's marriage hits at the very foundation of the multi-religious society.
Last December Shafin Jahan married to Hindu woman had now moved to the apex court and High court to nullify his marriage.
The Supreme Court today wondered if a high court could annul a marriage between two adults while hearing a writ petition under Article 226 of the Constitution.
The Kerala Government has said that if the apex court wants an NIA probe, it has no objections.
In a fresh application for recall of this order, Shafin Jahan said that on August 17, 2017 activist Rahul Easwar visited the home of the girl's father, where Akhila has been detained.
"State is not in appeal, father is not in appeal, NIA is not in appeal".
The top court had on August 16 directed the NIA to probe the incident under the supervision of retired apex court judge, Justice R.V. Raveendran. Will Your Lordships order NIA probe into it? The ruling was a low for everyone who talks about freedom and women's rights because a woman was not allowed to exercise her right to get married to the person she chose, or to convert to a religion she wanted to follow.
Jahan has claimed Hadiya, a homeopathy student in Kerala, converted to Islam of her own volition two years prior to their marriage and sought direction to Hadiya's father to present her in court. It was alleged that the woman was recruited by the ISIS's mission in Syria and Jahan was only a stooge.