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To Hadiya’s plea, judge says: Wife not chattel, husband can’t be guardian

The court subsequently interacted with Hadiya and allowed her to resume her homoeopathy house surgeoncy in Salem.

Written by Ananthakrishnan G | New Delhi | Updated: November 28, 2017 7:47 am
kerala love jihad, hadiya, kerala conversion case, hadiya in supreme court, hadiya in sc, Shefin Jahan, Akhila, 24, who converted to Islam in 2016 and took a new name, Hadiya, arrives at the airport in Kochi. (File Photo)

In the tense court room as the bench led by the Chief Justice of India heard Akhila alias Hadiya, there were some light moments when she asked the judges if her husband Shefin Jahan could be her guardian during her house surgeoncy at the medical college in Salem, and Justice D Y Chandrachud replied that “no husband can be the guardian of his wife. At least, I am not”.

Amid peals of laughter, Justice Chandrachud told senior advocate Kapil Sibal, representing Shefin Jahan who had challenged the annulment of his marriage: “Please explain to her, wife is not chattel. She is an individual entitled to her own status in society. I think she needs to understand that.”

Roughly an hour and half into the hearing, the judges indicated that they would hear the matter again Tuesday morning and asked Sibal to assist the court in deciding whether it should first talk to the woman or decide on other issues brought before it and then take a call on when to talk to her.

Also Read: I am a Muslim… converted of my own free will, want to live with husband, says Hadiya

Sibal who wanted the court to hear the woman Monday itself expressed helplessness: “How can I respond to an NIA report? To what will I respond? Then your lordships can take a decision without hearing us.”

Read | Want my freedom, faith, Hadiya tells SC, sent to college hostel

Sibal’s co-counsel Indira Jaising said the court must hear the woman Monday itself. She said this sort of a treatment would not have been meted out had Hadiya been a man.

Also Read | Critical findings demolish petitioner’s case, says NIA in court

This elicited a loud “no, no” chorus from the bench with Justice Chandrachud remarking “man or woman, we would place on the same pedestal”. Chief Justice of India Dipak Misra sought to know why Jaising was making it a gender justice issue.

Jaising stuck to her stand and asked the court not to trivialise what she had said. At this, the CJI told her: “Mam, you are trivialising the issue… it’s absolutely unfair on your part.”

RELATED REPORT: Her journey from Akhila to become Hadiya

When Sibal raised objections again, Justice Chandrachud reminded him: “Mr Sibal, your freedoms give you liberty not to assist us. But the Constitution does not give us the liberty to abdicate our constitutional obligation. You have the liberty to walk out of court, we can’t. We are sworn by our oath of office.”

The court subsequently interacted with Hadiya and allowed her to resume her homoeopathy house surgeoncy in Salem. The matter will now come up for hearing in the third week of January.

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  1. Amrit Rao
    Nov 29, 2017 at 5:44 am
    The Supreme Court is an ass. Why can’t a 24 year old choose her own husband? First her father and now her dean is appointed her gaurdian - all male. A woman can pass CLAT and become a judge. But she has to have a male gaurdian. She can vote but she cant marry of her own. Supreme Court has brought disrepute to judiciary
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      Champa Bai
      Nov 28, 2017 at 1:22 pm
      just ask this husband to change his religion to Hindu and see the reaction......u will find out whether he truly loves her or not.......
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        Aadis
        Nov 28, 2017 at 2:50 pm
        Champa, Its not a matter of reaction. But why one should leave a true religion to follow fake man made religion ? Why he should spoil his life after death ?
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        ansuman
        Nov 28, 2017 at 10:15 am
        court should ask her so called Husband to change his riligion and become hindu if he want to keep her and you will see the real face of Islam then. Mean while --this stupid girl should study islam. Pl read --Dr ali sina--at--faith freedom .
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          SP
          Nov 28, 2017 at 9:10 am
          Under Sharia law a woman is a property of her husband and has no individual standing of her own status in society, till she is given triple talaq. Then she becomes property of her father or sons, if adult. So Hadiya, please wait.
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          Adda