Kerala Love Jihad Case: SC To Examine Whether High Court Can Annul Marriage

The Supreme Court today 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, by exercising its power under the writ jurisdiction.

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

Senior Advocate Dushyant Dave, appearing for Jahan, argued that in a multi-religious society the apex court should not have ordered NIA investigation in the case and urged for an urgent hearing on the plea seeking a recall of the order.

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

Additional Solicitor General (ASG) 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 had on 20 September approached 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 as an instance of 'love jihad', following which he had approached the apex court. The top court had on 16 August directed the NIA to probe the incident under the supervision of retired apex court judge, Justice R V Raveendran. (PTI)