The case pertains to the annulment of the marriage of a Hindu woman to a Muslim man post her conversion, by the Kerala High Court as it amounted to ' Love Jihad'.
The bench also said that a father can not be seen dictating the personal life of a 24-year-old daughter. Earlier, the top court had ordered an NIA probe into the case, even as Shafin Jahan, Hadiya's husband had on September 16 filed a plea requesting it to cancel the NIA probe.
The court, however, took exception to Dave's contention that it could not have travelled beyond the prayers made in the petition and ordered an NIA investigation saying the court had the power to do so depending on the facts of each case.
He pointed out that two senior Muslim BJP functionaries had married Hindus and asked will it be called love jihad and would the court order investigation against them?
Hadiya, a homoeopath hailing from Vaikom in Kottayam district, converted to Islam past year and married Shafin.
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"A father can't say I will have control over her". The court has questioned the Kerala High Court's ruling in the case.
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.
As per TV reports, CJI Dipak Misra questioned how the SC (under Justice Khehar) had asked for a NIA (National Investigating Agency) probe in the case. Justice Ravindaran. The girl, aged 25 years, is Respondent no. 13 (daughter of the petitioner) shall be presented before this court.
The Kerala Government has said that if the apex court wants an NIA probe, it has no objections. The top court also questioned its own August decision ordering a National Investigation Agency probe. 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. The marriage was annulled by the Kerala High Court following a petition from her parents.
It was alleged that the woman was recruited by Islamic State's mission in Syria and Jahan was only a stooge.