Supreme Court To Examine Whether High Court Can Annul Marriage

The Supreme Court said that it would examine the question as to whether the Kerala High Court can annul the marriage of a Muslim man with a Hindu woman, who had converted to Islam before tying the nuptial knot.

A bench headed by Chief Justice Dipak Misra said that it will hear on October 9 the fresh plea of Shafin Jahan, the Kerala man seeking recall of its earlier order by which the National Investigation Agency was asked to probe whether there was a wider pattern of alleged 'love jihad' in the case.

Senior Advocate Dushyant Dave, appearing for Jahan, contended that the apex court should not have ordered an NIA probe in the case considering that India is a multi-religious society and urged for an urgent hearing on his client's plea.

"Pattern or no pattern, the question is, can the high court annul the marriage by exercising its powers under Article 226 of the Constitution," said the bench, also comprising Justices A M Khanwilkar and D Y Chandrachud said.

Additional Solicitor General Tushar Mehta, appearing for the Centre, sought an adjournment on the ground that another ASG Maninder Singh, who has been appearing in this case, was out of station for personal purposes.

Jahan on September 20 moved the apex court seeking recall of its order directing the NIA to investigate the controversial case of conversion and marriage of a Hindu woman with him.

The Kerala High Court had annulled the marriage terming it an instance of 'love jihad', prompting Jahan to approach the apex court. Jahan has claimed in his plea that the Kerala human rights commission has received several complaints regarding the detention of the woman at her father's house. He said the woman had accepted Islam on her own free will.

The woman, a Hindu, had converted to Islam and later married Jahan last December. It was alleged that she had been recruited by Islamic State's mission in Syria and Jahan was only a stooge. Her father had said that there was a "well-oiled systematic mechanism" for conversion and Islamic radicalisation.