Hadiya case: SC says courts can't intervene in adults' choice of marriage

The Supreme Court on Thursday once again stressed that the court cannot intervene in an adult woman's choice of marriage. The government or investigating agencies were, however, not denuded of its power to check if the couple indulged in anything manifestly illegal, it said.

"Can there be a roving inquiry into the marriage of adults? Test of vulnerability of an adult is subjective. Law is averse to examining it. A father may say her daughter is entering into wrong marriage. But the law cannot prevent it. When a person (spouse) concerned comes and tells it, courts can protect the individual," a three-judge bench presided over by Chief Justice Dipak Misra said.

The court made the observations after senior advocate Shyam Divan, appearing for Kerala-based Asokan K M, contended that his daughter Akhila was converted to Islam by a well-oiled machinery active in the state to recruit people for fighting in Syria on behalf of the IS.

"Marriage in her case is just a charade and a device to keep her out. Her husband is a stooge," he said, urging the court to hear the National Investigation Agency, which investigated instances of trafficking of such vulnerable people.

Divan vehemently defended the Kerala High Court's judgement that annulled Hadiya's marriage to Shafin Jahan while exercising the plenary power under Article 226 (writ jurisdiction) of the Constitution.

"When the high court was examining the father's petition of habeas corpus, a stranger walks in and calls himself her husband," he claimed.

'To rear sheep in Syria'

"The high court examined the matter and exercised its power as she was vulnerable," Divan submitted. He cited the conversation of the father with the daughter, where she talked about her wish to go to Syria to rear sheep. A daughter, studying homoeopathy medicine, suddenly talking about rearing sheep would alarm any parent, he said.

"Can we say the marriage in her case is not in her interest? We can't annul marriage but we can't come in the way of the government exercising its jurisdiction to put restriction on people travelling abroad for something manifestly illegal," the bench said.

Senior advocate Kapil Sibal, appearing for the husband, refuted charges that the daughter ever talked about going to Syria to rear sheep.

The court allowed Asokan and others to file response to Akhila alias Hadiya's affidavit that she had embraced Islam on her own will and wanted to live with her husband. The court also allowed a plea by activist Rahul Eswar expunging certain allegations against him in an affidavit.

It put the matter for further hearing on March 8.