CJI’s poser in Kerala love jihad case: Can HC annul marriage

New Delhi, October 3 : The Supreme Court on Tuesday wondered if a high court could annul a marriage between two adults while hearing a writ petition under Article 226 of the Constitution.  A Bench headed by Chief Justice of India Dipak Misra posed the question during hearing of a petition filed by Shafin Jahan (27), the man who married Akhila, a Hindu girl, after she converted to Islam and became Hadia.The Bench also sought to know if Akhila, an adult, could be kept in her father’s custody against her will.On a petition filed by Akhila’s father KM Ashokan, the Kerala High Court had annulled the marriage and handed over her custody to him. Jahan has challenged the HC’s verdict before the top court. Ashokan alleged it was a fraudulent conversion. Jahan is seeking recall of the order for an NIA probe. On behalf of Jahan, senior counsel Dushyant Dave questioned the court’s order for an NIA probe into the case. He said two senior BJP leaders were married to members of the minority community. “Will Your Lordships order an NIA probe into these marriages too?” Dave asked. “An NIA probe into Hadiya’s marriage strikes at the very foundation of a multi-religious society,” said Dave. On behalf of the NIA, Additional Solicitor General Tushar Mehta opposed it, saying it was the court which ordered the NIA probe and there was a pattern to conversions and such marriages in Kerala.