The Supreme Court verdict that set aside the annulment of the marriage of his only daughter Akhila (Hadiya) with Muslim youth Shaffin Jahan by the Kerala High Court is indeed a blow to KM Asokan, but it did not take more than a few minutes for the former Indian Army soldier to come out of that shock and State with determination, “I will continue the legal battle.”
Observing that the Supreme Court’s verdict was not complete, Asokan told newsmen on Thursday afternoon at his house at TV Puram, Vaikom in Kerala’s Kottayam district, “Only (the High Court verdict annulling) the marriage has been set aside. The NIA investigation against Shaffin Jahan has not been cancelled. That must be because Shaffin is an extremist.”
Asokan was on his way to his house from Kochi to where he had gone for some affairs connected with the Hadiya case on Thursday when the Supreme Court pronounced its order scrapping the High Court order that annulled his daughter’s marriage with Shaffin Jahan, which has allegedly been a case of love Jehad.
“When the court has said that the marriage is legal and valid, we cannot say anything against it. It is not proper to criticise that decision. But, of course, such a verdict will cause a lot of mental pain to any father whose daughter has married an extremist. I want to speak about it but I am not speaking about it now,” Asokan said.
Stating that he would examine the possibilities of filing a review petition over Thursday’s Supreme Court decision, Asokan said that the marriage between his daughter and the Muslim youth was an act of “adjustment”. “I will try once again to convince the court that the marriage was a sham, an adjustment. I will certainly go ahead with my legal battle,” he said.
“When I filed the habeas corpus writ in the High Court (Hadiya’s) marriage had not taken place. But when she was brought to the court later, she and Shaffin had got married. This makes it clear that the marriage had been an act of adjustment,” Asokan, who had started the battle to get his daughter off the alleged Islamist trap over two years ago, said.
Hindu woman Akhila, 25, had embraced Islam and assumed the name of Hadiya in 2015 when she was a student of Homeopathy medicine in Salem, Tamil Nadu. She had married Shaffin Jahan, who is accused of being an activist of Islamist outfit SDPI and of having close connections with Islamic State (ISIS) operatives, on December 19, 2016.
The sensational Hadiya case started with Asokan approaching the Kerala High Court seeking her custody early 2016. The High Court annulled the marriage and entrusted her custody with Asokan on May 24 last year. Shaffin then moved the Supreme Court seeking annulment of the High Court verdict.
Pointing out that the apex court had instructed his daughter to continue her Homeopathy medicine studies at the Salem college and had allowed the NIA to continue the probe into other matters like Shaffin Jahan’s alleged terror connections, Asokan said he would go ahead with his legal efforts.
Meanwhile, the Supreme Court verdict in the Hadiya case evoked mixed reactions in Kerala. While many hailed it as a decision that upheld the right of an individual to choose his or her life partner irrespective of religion or caste, those supporting Asokan said it was a pity that the legal system had no provisions to take the parents’ sentiment into consideration.
Welcoming the apex court’s order, VP Suhara, an activist working for the rights of Muslim women, said, “There are agencies in Kerala and India which are capable of investigating (Shaffin’s) terror links if there are any. Nobody will oppose such an investigation. But there is no meaning in annulling the marriage between two grown up persons.”
“legally, I don’t think there is any reason to find fault with the Supreme Court decision. Hadia may feel happy that she has succeeded in getting her freedom of choice granted. At the same time, we can’t fault her parents,” said a senior woman lawyer specialising in family law.