Hadiya case

Shafin Jahan v. Ashokan K.M
CourtSupreme Court of India
Full case name Shafin Jahan v. Asokan K.M & ORS
Citation[1]
Case history
Appealed fromHigh Court of Kerala
Appealed toSupreme Court of India
Court membership
Judges sittingJustice Dipak Misra
Justice Ajay Manikrao Khanwilkar
Justice Dhananjaya Y. Chandrachud
Case opinions
Hadiya was allowed to re-join her medical college to continue her studies and her marriage with Shafin Jahan was restored.

The Hadiya case (Shafin Jahan v. Ashokan K.M) was a 2017–2018 Indian Supreme Court case that affirmed the validity of the marriage of Hadiya (formerly Akhila Ashokan) and Shafin Jehan, which was challenged by Hadiya's family. Media outlets have described the underlying dispute as an allegation of "love jihad".[8]

At the time of the case, Hadiya was a homeopathic medical student from Vaikom, Kerala. In early 2016, she was reported missing by her father, Asokan K.M, who filed a police case followed by a habeas corpus petition in the Kerala High Court to trace her; Hadiya has described the circumstances of her leaving as her father forbidding her from practicing Islam. She left her home for college on 6 January 2016, dressed in a hijab.[9] Hadiya was staying with A.S. Zainaba, president of Popular Front of India (PFI)'s women's wing, the National Women's Front (NWF).[10][9][11][12] She had converted to Islam and married Jehan, a Muslim man.[9] Jehan was an active member of the PFI-affiliated Social Democratic Party of India (SDPI). Her family alleged that she was brainwashed and that her marriage was forced, but Hadiya said she married of her own volition.[13][2]

In May 2017, Hadiya's marriage was annulled by the High Court of Kerala on the grounds that Hadiya was a victim of indoctrination and psychological kidnapping, and that Hadiya's and her husband's claims of their marriage being arranged through a matrimony website were "bogus".[14] The High Court of Kerala then handed over Hadiya's custody to her father, Ashokan, arguing that "As per Indian tradition, the custody of an unmarried daughter is with the parents, until she is properly married."[15]

Jahan appealed the Kerala High Court order, and the case moved to the Supreme Court. In November 2017, the Supreme Court of India directed Hadiya to resume her internship, and indicated that she was free to meet whomever she wanted.[16][4] In March 2018, the Supreme Court restored Hadiya's marriage, 10 months after the Kerala High Court annulled it.[17] After winning the case, she divorced her husband. As of now she's being missing and her clinic is also closed.[18] Later was found with her new husband.

  1. ^ "Archived copy" (PDF). Archived from the original (PDF) on 1 December 2017. Retrieved 29 November 2017.{{cite web}}: CS1 maint: archived copy as title (link)
  2. ^ a b Taneja, Richa. "Hadiya's Story: A Timeline Of Kerala 'Love Jihad' Case". NDTV.com. NDTV. Retrieved 28 November 2017.
  3. ^ "Hadiya case: Critical findings demolish petitioner's case, says NIA in court". Indian Express. 28 November 2017. Retrieved 28 November 2017.
  4. ^ a b "'Love jihad' case: Cannot have a terrorist in the family, says Hadiya's father - Times of India". The Times of India. 28 November 2017. Retrieved 28 November 2017.
  5. ^ Cite error: The named reference had13 was invoked but never defined (see the help page).
  6. ^ Cite error: The named reference had15 was invoked but never defined (see the help page).
  7. ^ "India's top court upholds marriage in 'love jihad' case". 11 April 2018.
  8. ^ [2][3][4][5][6][7]
  9. ^ a b c Cite error: The named reference had7 was invoked but never defined (see the help page).
  10. ^ Cite error: The named reference had8 was invoked but never defined (see the help page).
  11. ^ Cite error: The named reference had9 was invoked but never defined (see the help page).
  12. ^ Cite error: The named reference had29 was invoked but never defined (see the help page).
  13. ^ "Court intervenes in 'love jihad' case". BBC News. BBC. 27 November 2017. Retrieved 28 November 2017.
  14. ^ "Hadiya case: Critical findings demolish petitioner's case, says NIA in court". The Indian Express. 28 November 2017. Retrieved 30 November 2017.
  15. ^ "Hadiya's Choices". The Indian Express. 30 November 2017. Retrieved 30 November 2017.
  16. ^ "Kerala conversion case: Hadiya demands freedom; SC allows her to resume studies, sets next hearing in January". The Indian Express. Indian Express. 27 November 2017. Retrieved 28 November 2017.
  17. ^ "Hadiya's marriage valid, can live with husband: SC - Times of India ►". The Times of India. 9 March 2018. Retrieved 9 March 2018.
  18. ^ "Hadiya who won case against love jihad is missing after divorce". www.awazthevoice.in. Retrieved 25 August 2024.