Dad can’t detain bride: SC

The Supreme Court on Tuesday indicated that it would reconsider its earlier decision to order a probe by the National Investigation Agency into the ‘love jihad’ controversy and said prima facie it was of the view that the father can’t hold custody of his 24-yearold girl.

Giving this indication, a three-judge bench of Chief Justice Dipak Misra and Justices A.M. Kanwilkar and D.Y. Chandrachud also disapproved the Kerala High Court’s order nullifying the marriage of Shafin Jahan with a Hindu girl Hadia alias Akhila, who converted to Islam exercising its writ jurisdiction under Article 226 of the Constitution. Senior counsel Dushyant Dave strongly opposed the order directing NIA probe.

The Supreme Court on Tuesday said that it would reconsider its earlier decision to order a probe by the National Investigation Agency into the ‘love jihad’ controversy and said prima facie it was of the view that the father cannot hold custody of his 24year-old girl.

Mr Dave, appearing for Shafin Jahan, said the apex court had exceeded jurisdiction and must recall order. He pointed out that two senior Muslim BJP members had married Hindus and asked will it be called love jihad and would the court order investigation against them?

The CJI said, “Our preliminary view is a father cannot be seen dictating the life of a 24-yr-old daughter. It is absolutely clear that she cannot be by force under custody of her father. The father cannot say he should have 24hour custody of her. We may appoint a custodian or send her somewhere safe.”