SC to examine whether HC can annul marriage

Source: The Hitavada      Date: 04 Oct 2017 08:56:25



THE Supreme Court on Tuesday said that it would examine
the question as to whether the Kerala High Court can annul the marriage of a Muslim man with a Hindu woman, who had
converted to Islam before tying the nuptial knot, by exercising its power under the writ jurisdiction.

A bench headed by Chief Justice Dipak Misra said that it will hear on October 9 the fresh plea of Shafin Jahan, the Kerala man seeking recall of its earlier order by which the National Investigation Agency (NIA) was asked to probe whether there was a wider pattern of alleged ‘love jihad’ in the case.
Senior Advocate Dushyant Dave, appearing for Jahan, argued that in a multi-religious society the apex court should not have ordered NIA investigation in the case and urged for an urgent hearing on the plea seeking recall of the order.

“Pattern or no pattern, the question is, can the High Court annul the marriage by exercising its powers under Article 226
of the Constitution,” the bench which also comprises Justices AM Khanwilkar and DY Chandrachud said.

Jahan had on September 20 approached the apex court seeking recall of its order directing the NIA to investigate the controversial case of conversion and marriage of a Hindu woman with him. The Kerala HC had annulled the marriage terming it as an instance of ‘love jihad’.

Jahan has claimed in his plea that the Kerala Human Rights Commission has received several complaints regarding the detention of the woman at her father’s house. He has also claimed that the woman has made it clear that she had accepted Islam on her own free will and after the May 24 order of the High Court, she has been detained against her will and her rights have been violated.