'Love-jihad' case: Wife has her own identity, husband can't be guardian, SC tells Hadiya

NEW DELHI: A spouse isn't a chattel and the husband cannot be her father or mother, the Supreme Court stated on Monday after interacting with a Kerala woman, alleged sufferer of affection jihad.

A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud interacted with 25-year outdated Hadiya for almost half-an-hour and posed questions about her life, ambition, studies and hobbies.

Supreme Court permits Hadiya out of pop's custody to renew studies in Tamil Nadu



Hadiya informed the apex court docket that she sought after 'freedom' to are living together with her husband, profess her religion in Islam and that she very well understood what she used to be doing.

When the bench asked Hadiya to call any relative or near acquaintance to be named as her local father or mother in faculty at Salem in Tamil Nadu, she stated her husband might be her father or mother and she or he does no longer want somebody else in that function.

"A husband cannot be a guardian of his wife. Wife is not a chattel. She has her own identity in life and society. Even I am not guardian of my wife. Please make her understand," Justice Chandrachud stated.

The bench posed questions to Hadiya in English whilst she replied in Malyalam, which used to be translated by means of senior recommend V Giri, who appeared for Kerala executive.

When the bench asked Hadiya about her dreams for the future, she spoke back that she wishes freedom and wish to are living together with her husband.

The bench then asked whether she used to be relaxed in professing her religion and studying simulatenously and informed her that being a just right citizen, she will be able to profess her religion and be a just right doctor.

Hadiya spoke back she sought after freedom to profess her religion and she or he fully understood what she is doing.

The bench asked her whether she sought after to proceed her studies and pursue internship in space surgeonship on the expense of the state executive.


The woman stated she sought after to pursue her studies but no longer on the state's expense as her husband will take care of her.


She additional requested the court docket that she be allowed to visit her friend ahead of being taken to Salem, to which the court docket agreed and directed the state executive to supply her security.


The court docket asked Kerala police ensure that she travelled on the earliest to Salem in Tamil Nadu to pursue homeopathy studies on the Sivaraj Medical College.


'Love-jihad' case: Wife has her own identity, husband can't be guardian, SC tells Hadiya 'Love-jihad' case: Wife has her own identity, husband can't be guardian, SC tells Hadiya Reviewed by Kailash on November 27, 2017 Rating: 5
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