The question is not about Love Jihad. The question is whether the High Court can annul a marriage is what the Supreme Court sought to know. Changing its preliminary view, the SC said that a father cannot be seen dictating the personal life of a 24 year old daughter.
A Hindu girl had married a Muslim in Kerala and the marriage was annulled by the High Court. The SC had directed that an NIA probe be conducted after allegations of Love Jihad surfaced. Earlier a Bench headed by former Chief Justice J S Khehar had ordered the NIA probe. On Tuesday, the Bench headed by Chief Justice of India, Dipak Misra sought to know if the SC could have ordered an NIA probe in this case.
Senior advocate Dushyant Dave appearing for the Muslim man criticised the decision of the SC which ordered an NIA probe. Dave said that the SC had exceeded its jurisdiction. The SC observed that major girls have a free choice.
The NIA submitted that it had found a pattern in Kerala. The Bench however shot back stating, " pattern or no pattern, could the HC have annulled the marriage. The SC also said that a 24 year old cannot be confined by her father.