While referring to the alleged love jihad case of Kerala, the Supreme Court on January 23 said that National Investigative Agency (NIA) can continue with its investigation but it cannot question the legitimacy of the marital status of Hadiya.
The three-judge Bench, headed by Chief Justice of India Dipak Misra also included Justice AM Khanwilkar and Justice DY Chandrachud said, “How can we say the marriage is not valid when she says she married someone on her own. She can choose independently. She is 24 years old.”
“Marriage has to be separate from criminal activity, otherwise we will be creating a bad precedent in law,” it added.
“NIA can investigate into all other aspects except marriage,” the Bench said.
Last year, the Kerala High Court has annulled Hadiya’s marriage to a Muslim man, Shafin Jahan, after her parents alleged that she had been forced to convert.