Kerala 'love jihad' case: Supreme Court upheld girl's consent in marriage

Twenty four-year-old Hadiya married a Muslim Shefin Jehan last December. Her father however moved court saying she was ‘indoctrinated’ in a case of ‘love jihad

Kerala 'Love Jihad' case: SC says 'consent of girl is prime, she is a major'

India's Supreme Court on Monday said that consent of an adult for marriage is prime - a verdict that women's rights activists have been waiting for.

Senior advocate Indira Jaising, who is appearing for Gandhi has said that she would explain the locus if the court issues a notice.

The top court asked the father to produce Hadiya on November 27, the next date of hearing in the case.

In a significant turn of event related to Kerala's alleged "Love Jihad" case, the Supreme Court on Monday asked the parents of Hadiya to present her version before the apex court next month.

Shafin said that Hadiya is being harassed in her parents' home, and should not be left there for another month.

Describing Shafin Jahan - whose marriage to Hadiya was nullified by the Kerala High Court before she was given in the custody of her father - as a pawn in the larger scheme of indoctrinating and recruiting of ISIS recruits, Divan said there are huge organisations that are operating, and named the Popular Front of India, a Kerala-based fundamentalist organisation.

Easwar told NDTV that he submit his recording to the Supreme Court adding that 'While I am a Hindu activist, I believe Hadiya's voice must also be heard'. I am sure I will be killed tomorrow or day after.

In a video released in August, Hadiya was heard pleading to leave the confinement with her family.

He said that as far as marriage is concerned "it is her personal consent".

Divan said a radicalised, indoctrinated person can not be said to have a free will. "Welcome the order of Supreme Court". There is no law stating that a person can't marry a criminal. I have told that to her. I know my father is getting angry. "When you talk about unity and diversity we are not going by impulse of society, but we will go by the law", he said. "Courts can not remain silent in plural societies". Senior advocate Kapil Sibal, appearing for the husband, opposed the plea. But her father, Ashokan, alleged that her former husband Shafin Jahan was conspiring to take his daughter to Syria to fight for the Islamic State group.

Hadiya's father had appealed for in-camera proceedings, but the Supreme Court declined his request.

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