In the controversial Kerala love Jihad case, Hadiya's father welcomed the Supreme Court order to produce hadiya before the court on November 27th. The CJI said, the bench would "interact with the girl in open court to take a preliminary assessment of her mental state".
The court was hearing a petition by Hadiya's husband, Jahan, which said the high court order was an "insult to the independence of the women of India as it completely takes away their right to think for themselves". "I am really very surprised that her father wants custody of a major (she is now 25, was 24 when she married) person who is married to another major person".
Hadiya has been living with her father after the Kerala High Court annulled her marriage to Shafin Jahan in May 2017 and ordered her to return to live with her parents in Kottayam.
The SC will also handle the hearing on the Kerala "love jihad" case. Today or tomorrow, I am going to die.
Activist Rahul Easwar released a video last week that showed Hadiya pleading for her freedom and stating that her life is under threat at her father's house.
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In the course of Monday's proceedings, Misra asked the lawyers appearing for Ashokan and the National Investigation Agency if there was any legal bar to an adult woman in falling in love with a criminal. "Prima facie you have to satisfy our constitutional obligation of producing her in court". My father is getting angry, I can make out.
Senior advocate Shyam Divan, who is appearing on behalf of Haditya's father Asokan, reiterated the call for constitutional obligation. "It was on her own will that she decided not to move out of the house", Mr. Ashokan said.
Misra, though, said, "The court does not go by the pulse or impulse of the society, but the law of the land". "The question is do courts respond to such radicalisation or do they remain silent?", Divan said.
Jahan had on September 20 approached the apex court seeking recall of its order directing the NIA to investigate the case of conversion and subsequent marriage.
Hadiya's husband Shafin Jahan has expressed great happiness in this recent development.
The top court also directed the police in the southern state to present Hadiya in the court in New Delhi on November 27.