Love jihad case: Want to stay Muslim and be with husband, Hadiya tells SC

A Kerala-based woman, who is alleged to be a victim of 'love jihad', has told the Supreme Court that she had willingly converted to Islam and wants to remain a Muslim.

In an affidavit filed before the top court, 25-year-old Hadiya also said that she had married Shafin Jahan on her own and sought the court's permission to "live as his wife".

She has also claimed that her husband was wrongly portrayed as a terrorist by the National Investigation Agency (NIA) and he has nothing to do with the Middle East-based terror group ISIS.

The matter had come to fore when Jahan had challenged the Kerala High Court's order annulling his marriage with Hadiya and sending her to her parents' custody.
 
On November 27 last year, the apex court had freed Hadiya from her parents' custody and sent her to college to pursue her studies, even as she had pleaded that she should be allowed to go with her husband.

"I respectfully reiterate that I am a Muslim and I want to continue to live as a Muslim ... I have been under confinement without the freedom that I am entitled to. Even now I am under police surveillance. I most humbly pray that my entire liberty may kindly be restored to me.

"Shafin Jahan is my husband, I want to continue to live as wife of my beloved husband and that I embraced Islam and married him on my own free will," she said in her 25-page affidavit.

She also urged the court to set aside the judgement of the Kerala High Court that had annulled the marriage terming it as an instance of 'love jihad'.

"I further pray that this Court may be kind enough to appoint my husband as guardian. I most humbly pray that this Court may be pleased to allow us to live together as husband and wife. Therefore, I most humbly pray that this Court may be pleased to allow the Special Leave Petition by setting aside the impugned judgment passed by the High Court," she said.

The top court had earlier ordered NIA probe into a 'pattern' where some women were allegedly being converted to Islam.

Later, the court decided to hear the major woman and interviewed her in the open court when she made an appeal for her freedom under the Constitution.

In her affidavit, the woman has told the court that "horrendous sufferings" were meted out to her for converting to Islam and marrying a Muslim boy.

"It appears to me that my father is under the influence of certain sections of people who are trying to use him. Otherwise, I do not see how my father, who is an atheist, would object to me changing my religion or marrying someone from a different religion.

"I further submit that all those people played and are still playing behind my father and all those errant personnel, both official and non-official, who subjected or caused to subject me to the horrendous torture and torments are liable to be brought to justice," she said.

The apex court had on January 23 made it clear that the National Investigation Agency cannot probe the marital status of Hadiya and Jahan.

"She (Hadiya) had come before the court and said that she had married him (Jahan). Whether the person she has married is a good human being or not, it is for her to decide," the bench had said, adding "She is an adult. How can anyone say that she cannot marry X, Y or Z?"

"Marriage has to be separated from criminal conspiracy and criminal aspects, otherwise it would create a bad precedent in law. They (NIA) cannot investigate into the marital status," the top court had observed.