The Supreme Court will now examine as to whether High Court can annul the marriage by exercising its writ powers. The case pertains to much hyped ‘Love Jihad’ case of Kerala where in the apex court had in August ordered a NIA probe into the plea of a Muslim man Shafin Jahan whose marriage with a Hindu woman (Hadiya).
A bench headed by Chief Justice Dipak Misra decided to hear the plea of Kerala man opposing NIA probe into his marriage with Hindu woman who had converted to Islam on October 9.
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. A bench of former Chief Justice of India Jagdish Singh Khehar and Justice DY Chandrachud had ordered the premier probe agency to launch a probe into the conversion and marriage of the Kerala Hindu girl, who was known as Akhila but allegedly converted to Islam and changed her name to Hadiya, to a Muslim man, Shafin Jahan. The marriage had taken place in 2016. Shafin on September 16 filed a plea requesting the top court to call off the NIA probe, alleging that the investigation agency “is not being fair”. Justice RV Ravindran, a retired judge of the apex court, is supervising the investigation.