The court was all praise for the extraordinary courage shown by Sruthi to live up to her conviction and decry the attempt of her parents to deflect the course of justice by misleading litigations. Sruthi was a postgraduate and mature and had discovered her life partner in Anees and she could not be detained against her wishes either by her parental home or the yoga centre.
AMN / Kochi
Kerala High Court today deplored the recent trend in the Kerala to portray every case of inter-religious marriages as either “love jihad” or “ghar wapsi.”
“All love marriages should not be termed as ‘love-jihad’,” a Division Bench the Kerala High Court observed while hearing a petition with regard to an inter-religious marriage of Kannur-native Sruthi and Anees Hammed.
The Bench, headed by Justice V. Chitambaresh, while disposing of a habeas corpus petition observed: “We are appalled to notice the recent trend in the State to sensationalise every case of inter-religious marriage as either ‘love jihad’ or ‘ghar wapsi’ even if there was platonic love between the spouses before.”
The court further said that these kind of marriages should be encouraged as there is no boundary for love.
The court allowed Sruthi to go with her husband while ruling the marriage as ‘valid’.
It was alleged that Sruthi was abducted by Anees Hameed, who forcefully converted her to Islam and married her under religious customs.
The court pointed out that Sruthi had been in love with Anees for long, which had “blossomed into a permanent relationship leading to a martial tie.” The certificate of marriage issued by the marriage officer, Taliparamba, under the Special Marriage Act, 1954, bore ample testimony to her status as a legally wedded wife.
The court was all praise for the extraordinary courage shown by Sruthi to live up to her conviction and decry the attempt of her parents to deflect the course of justice by misleading litigations. Sruthi was a postgraduate and mature and had discovered her life partner in Anees and she could not be detained against her wishes either by her parental home or the yoga centre.
Ordering to set her at liberty, the court said that it was for the couple to decide their future course of action without any interference from her parents or from any concerned whatsoever, which the police shall ensure.
On October 10 while hearing Hadiya’s case, the High Court gave the same verdict that ‘all inter-religious marriages cannot be termed love jihad’.
Earlier on October 7, the Kerala Government told the Supreme Court that an investigation by the National Investigation Agency (NIA) was not needed in the case as the state police was efficient enough to carry out the inquiry.
In an affidavit, the state government informed the apex court that the state police is competent enough to investigate such crimes.
