TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Why Zohran Mamdani Became a Flashpoint in Revanth Reddy’s Blocked US Visit

    Why Zohran Mamdani Became a Flashpoint in Revanth Reddy’s Blocked US Visit

    Allahabad HC Rejects Hijab Plea in School Uniform

    Allahabad HC Rejects Hijab Plea in School Uniform

    UNCERD’s Pahalgam-Linked Rohingya Claims Spark Debate Over Alleged Anti-India Narrative

    UNCERD’s Pahalgam-Linked Rohingya Claims Spark Debate Over Alleged Anti-India Narrative

    FIR Registered Against YouTuber Ajeet Bharti Under SC/ST Act; Bharti Hits Back, Says He Couldn’t Stay Silent on Abuse of His Mother and Sister

    FIR Registered Against YouTuber Ajeet Bharti Under SC/ST Act; Bharti Hits Back, Says He Couldn’t Stay Silent on Abuse of His Mother and Sister

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Do You Still Need Term Insurance If You Have ₹50 Lakh Employer Cover?

    Do You Still Need Term Insurance If You Have ₹50 Lakh Employer Cover?

    What the UAE’s 2026 Corporate Tax Rules Actually Mean for a Free Zone Company

    What the UAE’s 2026 Corporate Tax Rules Actually Mean for a Free Zone Company

    India’s Hidden Crisis: 8.7 Crore Youth Neither Studying Nor Working Threaten ‘Viksit Bharat’ Visiontfi

    India’s Hidden Crisis: 8.7 Crore Youth Neither Studying Nor Working Threaten ‘Viksit Bharat’ Visiontfi

    A New Path for BTC Reward Strategies: An Investment Guide to Exploring SHR Miner’s Potential Daily Earnings of Up to $7,700

    A New Path for BTC Reward Strategies: An Investment Guide to Exploring SHR Miner’s Potential Daily Earnings of Up to $7,700

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Loitering Munition Ran Out of Fuel, Landed on Pakistan’s Most Sensitive Hill — What Are the Odds

    Loitering Munition Ran Out of Fuel, Landed on Pakistan’s Most Sensitive Hill — What Are the Odds

    INS Sudarshini Wraps Up Three-Day Lisbon Port Call Under Lokayan 26 Expedition

    INS Sudarshini Wraps Up Three-Day Lisbon Port Call Under Lokayan 26 Expedition

    Indian, Royal Thai Armies Exchange Combat Skills in Exercise MAITREE-XV

    Indian, Royal Thai Armies Exchange Combat Skills in Exercise MAITREE-XV

    Panama-flagged cargo ship carrying 24 sinks in Bay of Bengal; Coast Guard launches rescue operation

    Panama-flagged cargo ship carrying 24 sinks in Bay of Bengal; Coast Guard launches rescue operation

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    PM Modi Speaks to Nepal Counterpart Balendra Shah as Flash Floods Kill Dozens, India Mobilises Rescue Effort

    PM Modi Speaks to Nepal Counterpart Balendra Shah as Flash Floods Kill Dozens, India Mobilises Rescue Effort

    Rawalpindi under Army security cover for six months

    Rawalpindi under Army security cover for six months

    Thousands of Pakistani Sailors Work the World’s Most Dangerous Shipping Lane. Who Is Watching Out for Them?

    Thousands of Pakistani Sailors Work the World’s Most Dangerous Shipping Lane. Who Is Watching Out for Them?

    India Removes Security Barricades Outside Pakistan High Commission in Delhi

    India Removes Security Barricades Outside Pakistan High Commission in Delhi

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Allahabad High Court Rejects Student’s Plea to Wear Hijab With School Uniform

    Allahabad High Court Rejects Student’s Plea to Wear Hijab With School Uniform

    Pakistan to award two Mumbai-born Parsi doctors for keeping Jinnah’s illness secret

    Pakistan to award two Mumbai-born Parsi doctors for keeping Jinnah’s illness secret

    Unsung South Indian Freedom Fighters Remembered on 79th Independence Day

    Independence Day: Remembering South India’s Unsung Freedom Warriors

    National Handloom Day 2026: PM Modi Salutes India’s Weavers, Ministry Confers Awards at Rashtrapati Bhavan

    National Handloom Day 2026: PM Modi Salutes India’s Weavers, Ministry Confers Awards at Rashtrapati Bhavan

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Bangladesh vs India 2026: Complete ODI and T20I Series Preview Guide

    Bangladesh vs India 2026: Complete ODI and T20I Series Preview Guide

    The Role of ITIL Version 5 Principles Across Different Industries

    The Role of ITIL Version 5 Principles Across Different Industries

    Coin UP: Hot Fire Slot Review in Pakistan

    Coin UP: Hot Fire Slot Review in Pakistan

    5 AI Agent Courses for Automation Engineers Building Tool-Connected Business Workflows

    5 AI Agent Courses for Automation Engineers Building Tool-Connected Business Workflows

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Why Zohran Mamdani Became a Flashpoint in Revanth Reddy’s Blocked US Visit

    Why Zohran Mamdani Became a Flashpoint in Revanth Reddy’s Blocked US Visit

    Allahabad HC Rejects Hijab Plea in School Uniform

    Allahabad HC Rejects Hijab Plea in School Uniform

    UNCERD’s Pahalgam-Linked Rohingya Claims Spark Debate Over Alleged Anti-India Narrative

    UNCERD’s Pahalgam-Linked Rohingya Claims Spark Debate Over Alleged Anti-India Narrative

    FIR Registered Against YouTuber Ajeet Bharti Under SC/ST Act; Bharti Hits Back, Says He Couldn’t Stay Silent on Abuse of His Mother and Sister

    FIR Registered Against YouTuber Ajeet Bharti Under SC/ST Act; Bharti Hits Back, Says He Couldn’t Stay Silent on Abuse of His Mother and Sister

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Do You Still Need Term Insurance If You Have ₹50 Lakh Employer Cover?

    Do You Still Need Term Insurance If You Have ₹50 Lakh Employer Cover?

    What the UAE’s 2026 Corporate Tax Rules Actually Mean for a Free Zone Company

    What the UAE’s 2026 Corporate Tax Rules Actually Mean for a Free Zone Company

    India’s Hidden Crisis: 8.7 Crore Youth Neither Studying Nor Working Threaten ‘Viksit Bharat’ Visiontfi

    India’s Hidden Crisis: 8.7 Crore Youth Neither Studying Nor Working Threaten ‘Viksit Bharat’ Visiontfi

    A New Path for BTC Reward Strategies: An Investment Guide to Exploring SHR Miner’s Potential Daily Earnings of Up to $7,700

    A New Path for BTC Reward Strategies: An Investment Guide to Exploring SHR Miner’s Potential Daily Earnings of Up to $7,700

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Loitering Munition Ran Out of Fuel, Landed on Pakistan’s Most Sensitive Hill — What Are the Odds

    Loitering Munition Ran Out of Fuel, Landed on Pakistan’s Most Sensitive Hill — What Are the Odds

    INS Sudarshini Wraps Up Three-Day Lisbon Port Call Under Lokayan 26 Expedition

    INS Sudarshini Wraps Up Three-Day Lisbon Port Call Under Lokayan 26 Expedition

    Indian, Royal Thai Armies Exchange Combat Skills in Exercise MAITREE-XV

    Indian, Royal Thai Armies Exchange Combat Skills in Exercise MAITREE-XV

    Panama-flagged cargo ship carrying 24 sinks in Bay of Bengal; Coast Guard launches rescue operation

    Panama-flagged cargo ship carrying 24 sinks in Bay of Bengal; Coast Guard launches rescue operation

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    PM Modi Speaks to Nepal Counterpart Balendra Shah as Flash Floods Kill Dozens, India Mobilises Rescue Effort

    PM Modi Speaks to Nepal Counterpart Balendra Shah as Flash Floods Kill Dozens, India Mobilises Rescue Effort

    Rawalpindi under Army security cover for six months

    Rawalpindi under Army security cover for six months

    Thousands of Pakistani Sailors Work the World’s Most Dangerous Shipping Lane. Who Is Watching Out for Them?

    Thousands of Pakistani Sailors Work the World’s Most Dangerous Shipping Lane. Who Is Watching Out for Them?

    India Removes Security Barricades Outside Pakistan High Commission in Delhi

    India Removes Security Barricades Outside Pakistan High Commission in Delhi

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Allahabad High Court Rejects Student’s Plea to Wear Hijab With School Uniform

    Allahabad High Court Rejects Student’s Plea to Wear Hijab With School Uniform

    Pakistan to award two Mumbai-born Parsi doctors for keeping Jinnah’s illness secret

    Pakistan to award two Mumbai-born Parsi doctors for keeping Jinnah’s illness secret

    Unsung South Indian Freedom Fighters Remembered on 79th Independence Day

    Independence Day: Remembering South India’s Unsung Freedom Warriors

    National Handloom Day 2026: PM Modi Salutes India’s Weavers, Ministry Confers Awards at Rashtrapati Bhavan

    National Handloom Day 2026: PM Modi Salutes India’s Weavers, Ministry Confers Awards at Rashtrapati Bhavan

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Bangladesh vs India 2026: Complete ODI and T20I Series Preview Guide

    Bangladesh vs India 2026: Complete ODI and T20I Series Preview Guide

    The Role of ITIL Version 5 Principles Across Different Industries

    The Role of ITIL Version 5 Principles Across Different Industries

    Coin UP: Hot Fire Slot Review in Pakistan

    Coin UP: Hot Fire Slot Review in Pakistan

    5 AI Agent Courses for Automation Engineers Building Tool-Connected Business Workflows

    5 AI Agent Courses for Automation Engineers Building Tool-Connected Business Workflows

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

The love jihad that wasn’t: The Akhila Hadiya case

Shivam Jaiswal by Shivam Jaiswal
22 December 2022
in Law
Akhila Hadiya case
Share on FacebookShare on X

Akhila Hadiya case: The nation has been engulfed with an upsurge in the victimization of young girls under the guise of love. Evidently, the entire debate of ‘love jihad’ is centered on the vision to protect the amateur youth from falling in the trap of a larger conspiracy.

On the contrary, every case cannot be packaged in the water-tight compartment of ‘love jihad’. The veracity of facts, therefore, plays a key role in alienating love from jihad. Intrinsically, the responsibility is bestowed on social institutions to uphold the ‘right to choose partner’ without fail.

RelatedPosts

What Provisions Does Suvendu Adhikari’s ‘Anti-Goonda’ Law Contain, and How Will It Reset Bengal’s Public Order Architecture?

Pune Court Sends 65-Year-Old to Gallows in Brutal Rape and Murder of 3-Year-Old Girl, Says Crime Shocks Collective Conscience

When Consent Was Not Enough: Bihar Honour Killing Case Exposes the Dangerous Gap Between Courtroom Freedom and Real-World Safety

Load More

Right to choice of partner intrinsic to Article 21

Do you have the option to pick your partner? What part does society play in finding you a soul mate? These are some of the intriguing questions that are relevant to every civilization around the globe. However, most of the social institutions in the endeavor to come up with a solution are intrinsically biased against the rights of women to choose.

The sorry state of affairs restricts the women’s freedom of choice and infuses in the society with patriarchal despotism. Contrarily, demolishing the notions of patriarchal autocracy, the Supreme Court of India came up with a progressive judgment in Shafin Jahan v. Asokan K.M in 2018.

In the instant Akhila Hadiya case, the 3-judge bench of Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud, iterated that the right to marry a person of one’s choice is integral to Article 21. Consequently, upholding the veracity of constitutional promise of right to life and liberty, the Apex Court sets aside a 2017 order of the Kerala High Court which annulled the marriage of newly-convert Hadiya with Shafin Jahan.

Also read: 1959, Commander K. M. Nanavati vs. State of Maharashtra: The case that virtually ended the practice of jury in India

Factual Backdrop of the Akhila Hadiya case

The case arose when Akhila alias Hadiya, aged 24, had converted to Islam after she came in touch with two of her friends, Jaseena and Faseena during her educational pursuit of Bachelor of Homeopathic Medicine and Surgery (BHMS) degree. Later, she broke ties with her father Asokan and continued to stay with her friends.

Through them she met with Shafin, and married him out of her own free will. On the other hand, her father filed a writ of habeas corpus before Kerala High Court in January 2016, under the apprehension that she might have been abducted and exported abroad.

The Kerala High Court in its impugned order, exercised the ‘parens patriae jurisdiction’ and held that the girl was vulnerable and incapable of making rational choice; therefore, gave her custody to her parents. The court permitted her to continue her educational pursuits, but held:

“Her marriage being the most important decision in her life can also be taken only with the active involvement of her parents. The marriage which is alleged to have been performed is a sham and is of no consequence in the eye of law.”

Consequently, the matter was put forth before the Apex Court for consideration.

Also read: Mobarik Ali Ahmed vs State of Bombay, 1957: Foreign nationals under the grip of IPC

Dictum of the Apex Court 

Chief Justice Deepak Misra pronounced the judgment for himself and Justice Khanwilkar and observed that the High Court erred in its decision as the Constitutional Court is supposed to be the guardian of fundamental rights, and in refusing to recognise Hadiya’s decision to make her choice of free will, would only cause discomfort to her constitutional right. He therefore exclaimed:

“The exposé of facts in the present case depicts that story giving it a color of different narrative. It is different since the State that is expected to facilitate the enjoyment of legal rights of a citizen has also supported the cause of a father, an obstinate one, who has endeavored immensely in not allowing his daughter to make her own choice in adhering to a faith and further making Everestine effort to garrotte her desire to live with the man with whom she has entered into wedlock.”

Also read: Tukaram vs State of Maharashtra: The case whose aftermath introduced misandry in IPC

On similar line, Justice Chandrachud too admonished the approach of the High Court in his concurring judgment and held: 

“The schism between Hadiya and her father may be unfortunate. But it was no part of the jurisdiction of the High Court to decide what it considered to be a ‘just’ way of life or ‘correct’ course of living for Hadiya. She has absolute autonomy over her person. Hadiya appeared before the High Court and stated that she was not under illegal confinement. There was no warrant for the High Court to proceed further in the exercise of its jurisdiction under Article 226.”

The National Probe Agency (NIA) was nonetheless given permission by the court to continue its investigation into any potential criminal activity. However, the legitimacy of Shafin Jahan and Hadiya’s union will not be the focus of the investigation.

Also read: 2018, Navtej Singh Johar Vs Union of India: The day India decriminalised homosexuality 

Insinuation of the Judgment

The judgment categorically held that the ‘choice of a partner whether within or outside marriage lies within the exclusive domain of each individual’. Therefore, the court advocated that the ‘intimacies of marriage lie within a core zone of privacy, which is inviolable’ and falls within the parameters of Article 21 and cannot be dwindled away by a verdict of the court. That is to say, the judgment paved way for upholding the rights of consenting adults to make a choice of partners out of there free will.

Support TFI:

Support us to strengthen the ‘Right’ ideology of cultural nationalism by purchasing the best quality garments from TFI-STORE.COM

Also Watch:

https://www.youtube.com/watch?v=mLsJgD5bmns

Tags: Akhila CaseArticle 21Hadiya CaseLawLove JihadState of KeralaSupreme Court JudgementSupreme Court of India
ShareTweetSend
Previous Post

Srikalahasti Temple Chittoor Timings, History, Travel Guide, and How to reach

Next Post

Rise of Indian Rupee to de-Dollarise global market

Related Posts

The Biggest Mistakes Injured Workers Make After a Workplace Accident
Law

The Biggest Mistakes Injured Workers Make After a Workplace Accident

20 August 2026

A workplace injury can change everything in a matter of seconds. One moment you are focused on your job,...

Reasons a Truck Accident Case May Go to Trial
Law

Reasons a Truck Accident Case May Go to Trial

19 July 2026

A truck accident case may go to trial when the parties cannot agree on liability, the value of the...

What Evidence is Used to Calculate Economic Damages?
Law

What Evidence is Used to Calculate Economic Damages?

1 July 2026

Economic damages are the actual financial losses a person suffers after an injury or wrongful act. They cover things...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

What Actually Hit Pakistan’s Nuclear Backyard? CDS | Anil Chauhan | Kirana hills

What Actually Hit Pakistan’s Nuclear Backyard? CDS | Anil Chauhan | Kirana hills

00:06:34

OP SINDOOR: HOW WOMEN PILOTS BRAHMOSED LASHKAR DEN

00:03:55

Why India Needs a Bigger Navy | More Ships, More Presence, More Maritime Power

00:05:33

India’s Fighter Force Needs More Than Jets | Here’s Why 150 Trainers Matter ? IAF | HAWK | HAL

00:04:44

RAW Chief’s Dhaka Visit: Is India Rebuilding Security Ties With Bangladesh? Reset or Routine?

00:03:30
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Contact Us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2026 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2026 TFI Media Private Limited