Day 1 Arguments

Hadiya Marriage Case

August 7th 2018

The Bench comprising of Chief Justice Kehar, Justices D.Y. Chandrachud and A.M. Khanwilkar began hearing the matter in Hadiya Marriage Case. The petitioner, Shafin Jahan who is Hadiya’s husband challenged the Kerala High Court judgment which annulled Hadiya’s marriage on suspicion of ‘forced’ conversion and Jahan’s suspected links with extremist organisations.

Today, on the first day of arguments, the bench served notice to National Investigation Agency (NIA), to provide a neutral and unbiased assistance to the court in the matter. The bench has asked the NIA to conduct the investigation under Section 6 of the National Investigation Agency Act, 2008, and place the outcome of enquiry before this Court.

Mr.Haris Beeran, appearing for the petitioner vehemently opposed the involvement of NIA, the national counter-terrorist organization in a private marriage matter. The bench was dissatisfied with his objections and observed that “the impression one gets is that he does not desire the correct and independent view of the controversy to emerge before this Court.” In the meantime, the bench directed the State of Kerala to conduct police investigation and share inputs with the NIA to keep them notified.

 

The matter has been posted for hearing on August 16th 2017.