Hadiya's marriage was annulled by the Kerala high court on the basis of a petition filed by her father but the Supreme Court on Thursday set aside the high court order. "When the high court had ruled to send Hadiya with me, they snatched her away through this alliance with Jahan".
Born as Akhila in a Hindu family, she had converted to Islam and changed her name to Hadiya before marrying Jahan, a Muslim man.
The HC had in May 2017 annulled the marriage terming it as an instance of "love jihad", following which Jahan had approached the SC.
The respondent case on this issue was that Hadiya was a "vulnerable adult" and that the High Court was empowered to act as her guardian.
But the bench, which took the NIA probe report into record, added: "We clarify that the investigations in respect of any matter of criminality may continue in accordance with law".
The agency is probing charges of the so-called "love jihad" - an alleged conspiracy to lure Hindu girls into conversion and marriage with Muslims and send them to join terrorist outfits like the Islamic State - in relation to inter-religious marriages in Kerala like Hadiya's.
In a submission to the high court, Hadiya rejected the allegations against her husband by the anti-terror investigations agency, before appealing against the decision to the Supreme Court. "But where there are two consenting adults, can we go into the justness of the marriage?" he said. It must be noted that the Hadiya case has brought to the fore the alleged well-oiled racket to indoctrinate Hindu women as part of a larger sinister plot to convert them to Islam and use them as tools to further a devious design. "There is an inherent jurisdiction in a court of law to annul a marriage in an appropriate case", he said, arguing that the expanding concept of law takes into account the question of "marriage frauds". Significantly, the HC had also directed "comprehensive" investigation into cases of "love jihad" and has incidents of forced conversion probed thoroughly. Neither Hadiya nor Shafin was present in court.
India's top court has now set aside the ruling, restoring their marriage.
Justice Misra said: "Let us assume for a moment that in the extreme event the marriage is a disguise to commit an offence".