In an about face, the Supreme Court (SC) on Tuesday questioned the High Court’s jurisdiction in annulling the marriage of an adult, and forcing a 24-year-old in her parent’s custody.
“The question is whether a high court can annul the marriage citing jurisdiction under Article 226,” the bench led by Chief Justice of India Dipak Misra said. Dismissing arguments made by Madhvi Divan, representing Ashokan, the girl’s father, the bench further observed, “She is a 24-year-old woman. You cannot have control over her.”
“We will hear logical and legal arguments on two issues — can the High Court nullify a marriage exercising jurisdiction under Article 226, and was an NIA probe necessary,” said the bench, also comprising Justices AM Khanwilkar and DY Chandrachud.
Representing Shafin Jahan, the husband, senior advocate Dushyant Dave argued and countered, “Two of the senior-most leaders in the BJP are married to members from minority community. Will your lordships order NIA enquiry against them?”
He added that the SC-ordered NIA probe “struck at the very foundation of this multi-religious society” and was “sending terrible signals across the world”.
Meanwhile, representing the Centre, Additional Solicitor General (ASG) Tushar Mehta submitted that the NIA probe was ordered after all arguments were made before the previous bench led by the former Chief Justice JS Khehar. “It was this court which asked us to probe the matter and we found a pattern (in such incidents of marriages in Kerala),” Mehta said.
In May, the Kerala High Court had nullified Jahan’s marriage with 24-year-old Hadiya aka Akhila, condemning it as “love jihad”.
Jahan appealed in the top court against the HC order and sought his wife’s presence since she was in her father’s custody. Jahan also claimed that Ashokan was holding Hadiya against her wishes since their marriage was “arbitrarily” annulled. Ashokan, however, claimed that Sathya Sarani — who propagated conversion to Islam — influenced his daughter.
