Special Leave Petition (Criminal) no. 5777 of 2017

Hadiya Marriage Case

Case Description

This case will decide if Court has authority to annul marriage of an adult on suspicion of 'forced' consent.

Background

This case pertains to Akhila’s conversion to Islam, therafter assuming the name ‘Hadiya’, and her subsequent marriage to Mr. Shafin Jahan, who practices Islam. Akhila says that she converted to Islam during her medical studies in Coimbatore before she met Shafin. After knowing of the marriage, Akhila’s father filed a Writ Petition in the Kerala High Court alleging that she was misled, misguided and forced to become a Muslim. He also alleged that Akhila’s husband has links with extremist Muslim organisations. Hadiya maintained through the High Court proceedings that her conversion to Islam as well as marriage to Shafin Jahan was of her own volition.

However, on 24th May 2017, Justices Surendra Mohan Kuriakose and Abraham Mathew of the Kerala High Court, called the marriage a ‘sham’ and annuled it. The judgment observed that “her [Hadiya’s] marriage being the most important decision in her life, can only be taken only with the active involvement of her parents” and ordered Hadiya to be sent to her parental custody despite her wishing against it.

Thereafter, Hadiya’s husband, Mr. Shafin Jahan approached the Supreme Court. The top lawyers of the country – Mr Kapil Sibal, Mr Dushyant Dave, Ms Indira Jaising are representing Mr Jahan; Mr Shyam Divan and Ms Madhavi Divan are appearing for Mr Ashokan K. M., and the Additional Solicitor General Maninder Singh is representing the State. The 3 Judge Bench comprising of Chief Justice Dipak Misra, and Justices A.M. KhanwilkarD.Y. Chandrachud is currently hearing the matter.


Issues

Does the High Court under Art 226 have the power to annul the marriage of a person who has attained majority?


Resources

Latest Hearing


Judgment Pending

Bench clarified that it will not investigate Hadiya’s marriage and restrict examination to terror angle



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