On December 19, 2016, Shafin Jahan got married to Hindu woman Athira aka Hadiya who had converted to Islam just a month earlier. The man has now approached the Supreme Court for relief after his wedding was cancelled by Kerala High Court in May this year.
Prominent lawyer Haris Beeran filed a petition in the Supreme Court seeking dismissal of the HC order and validation of their marriage.
A division bench of the HC nullified the marriage between Hadiya and Shafin based on a habeas corpus petition filed by her father, a native of Vaikom.
The court observed that an important decision like marriage in a woman's life can only be taken with the active involvement of her parents and the couple who acted as guardians for solemnising the ‘marriage' had no authority or competence to do so.
The Court also ordered a detailed probe into the allegation by the woman’s father that there were attempts to recruit the woman to the Islamic State.
While Hadiya was not ready to go with her parents, police forcibly took her to her house in Vaikom, Ernakulam district. As per the reports, Hadiya refused to talk to her parents at home and even continued to practice Islam at home.
“The HC order was against the Constitution. Court did not hear her husband’s or her arguments before passing the order to cancel our marriage. As per Muslim law, if the girl’s parents are not Muslims, some others can be assumed in the position and can conduct the marriage,” Shafin told media.
Shafin also denied all the allegations regarding Hadiya joining Islamic State.
In the petition filed in SC, Shafin has asked the court to expunge the observations made by Kerala HC that supported the Islamic State connection raised by Hadiya’s father Ashokan.
“She is a grown-up woman, she converted to Islam after studying about the religion,” Shafin says.