Case Description

This case will decide if Court has authority to annul marriage of a major girl on suspicion of 'forced' consent.

Background

This case pertains to  Akhila’s conversion to Islam, taking the name ‘Hadiya’ and her subsequent marriage to Shafin Jahan, a Muslim man. Akhila converted to Islam during her medical studies in Comboitre before she met Shafin.

After knowing of the marriage, Akila’s father filed a Writ Petition in Kerala High Court alleging that, she was misled, misguided and forced to become a Muslim. He also made allegation that Akila’s husband has links with extremist Muslim Organisations. Though Hadiya, maintained through the hearings that her conversion to Islam as well as marriage to Jahan was  of her own volition.

However, on 24th May, Justices Surendra Mohan Kuriakose and Abraham Mathew of the Kerala High Court, hearing to Akhia’s father plea for custody 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.

Then Hadiya’s husband, Jahan moved the SC against the HC order which annulled the marriage. The top lawyers of the country – Kapil Sibal, Dushyant Dave, Indira Jaisingh are representing Jahan and the Additional Solicitor General Tushar Mehta is representing the State. The 3 Judge Bench of Chief Justice Dipak Misra, Justice D.Y. Chandrachud and Justice A.M. Khanwilkar are currently hearing the matter.


Issues

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

Latest Hearing


Judgment Pending

Hearing Dated 09.10.2017



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