SC questions annulment of inter-faith marriage

The Supreme Court on Tuesday questioned annulment of an inter-faith marriage by the Kerala High Court. It also wondered if a 24-year-old girl can be kept in her father's custody after the HC's order on May 25.

A three-judge bench presided over by Chief Justice Dipak Misra said the court would examine if the marriage can be nullified while hearing a writ petition filed under Article 226 of the Constitution. The HC had termed the marriage, performed in December last as "Love Jihad".

Appearing for petitioner Shafin Jahan, senior advocate Dushyant Dave sought direction to recall the apex court's order of August 16 for NIA probe into the matter, saying it goes against the very foundation of the country. He said it has sent terrible signal the world over.

“There was no prayer for it in a writ petition of habeas corpus filed by Asokan KM, the father of the girl, before the HC. The state did not file an appeal and father also did not do so,” he contended.

Additional Solicitor General Tushar Mehta, representing the NIA, submitted that the order was passed by the apex court to ascertain if it (marriage) was an isolated incident or there was some pattern. He also submitted that the order for the NIA probe was passed after obtaining consent from senior advocate Kapil Sibal, who represented the petitioner.