LOVE JIHAD CASE

NIA can't probe Hadiya's marriage, she is an adult: SC

PTI11_27_2017_000142B (File) Hadiya had said she had married Jahan out of her own will and not forcibly

The Supreme Court, which was hearing the Kerala love jihad case on Tuesday, said the National Investigation Agency (NIA) cannot probe into the legal aspects of Hadiya's marriage.

The three-judge bench of the apex court, headed by Chief Justice of India (CJI) Dipak Misra, observed that the investigating agency can investigate into all other aspects except marriage as she is an adult. "How can we say marriage is not valid when she says she married....she can choose independently. She is 24 years old".

“We cannot go into the marriage, whether the person she married is a good human being or a bad human being", observed the Supreme Court, adding "marriage has to be separate from criminal activity, otherwise we will be creating a bad precedence in law."

Kapil Sibal, appearing for petitioner Shefin Jahan asked for an investigation under the supervision of a retired judge as ordered by the previous bench.

Twenty-four-year-old Hadiya has been in the headlines after she became a Muslim, following her marriage.

Hadiya said she had married Jahan out of her own will and not forcibly.

During the course of the hearing, Hadiya, who was born as Akhila Ashokan, also said she wanted freedom and to see her husband after the top court asked whether she would prefer to continue studies.

(With agency inputs)  

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