TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Bengaluru Muslim Convention Puts Congress Under Pressure With Sweeping Demands on Reservation, Waqf and Religious Laws

    Bengaluru Muslim Convention Puts Congress Under Pressure With Sweeping Demands on Reservation, Waqf and Religious Laws

    Amit Shah Pushes for Unified Global Drug Laws, Warns Fragmented Systems Are Fueling Cartels

    Amit Shah Pushes for Unified Global Drug Laws, Warns Fragmented Systems Are Fueling Cartels

    Dhar Bhojshala

    Dhar’s Bhojshala Declared Vagdevi Temple by Indore High Court, Muslim Claim for Namaz Rights Rejected

    Sanjeev Sanyal is renoned

    Sanjeev Sanyal: Is Bengal About to Get Its Own ‘Technocrat’ Finance Minister?

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Is Gold Losing Its Safe-Haven Status Amid Iran Tensions, Oil Shock and Global Inflation Fears?

    Is Gold Losing Its Safe-Haven Status Amid Iran Tensions, Oil Shock and Global Inflation Fears?

    As Global Trade Falters Under Crisis, India’s ‘Plan-B’ Strategy Begins Paying Off

    As Global Trade Falters Under Crisis, India’s ‘Plan-B’ Strategy Begins Paying Off

    The Wrong Questions People Ask Before Buying Bike Insurance

    The Wrong Questions People Ask Before Buying Bike Insurance

    India–Vietnam Deepen Strategic Reset with $25 Billion Trade Goal, Broaden Indo-Pacific Alignment

    India–Vietnam Deepen Strategic Reset with $25 Billion Trade Goal, Broaden Indo-Pacific Alignment

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    How Strong Are India and Pakistan’s Nuclear Capabilities, and How Different Are Their Nuclear Doctrines?

    How Strong Are India and Pakistan’s Nuclear Capabilities, and How Different Are Their Nuclear Doctrines?

    “Choose Your Fate: Army Chief Draws a Hard Line Between Geography and History for Pakistan”

    “Choose Your Fate: Army Chief Draws a Hard Line Between Geography and History for Pakistan”

    BSF HQ Blast Probe Deepens as Two Key Arrests Unravel Cross-Border Module Behind Jalandhar IED Attack

    BSF HQ Blast Probe Deepens as Two Key Arrests Unravel Cross-Border Module Behind Jalandhar IED Attack

    UP ATS Uncovers Pakistan-Linked Reconnaissance Network After Surveillance of RSS Offices and Police Stations

    UP ATS Uncovers Pakistan-Linked Reconnaissance Network After Surveillance of RSS Offices and Police Stations

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Did America Help Engineer Imran Khan’s Ouster? The Explosive Mystery Behind Pakistan’s Leaked Cypher Cable I-0678

    Did America Help Engineer Imran Khan’s Ouster? The Explosive Mystery Behind Pakistan’s Leaked Cypher Cable I-0678

    “Choose Your Fate: Army Chief Draws a Hard Line Between Geography and History for Pakistan”

    “Choose Your Fate: Army Chief Draws a Hard Line Between Geography and History for Pakistan”

    India’s First “Jihadi Drug” Bust: ₹182 Crore Captagon Seized Under Operation RAGEPILL

    India’s First “Jihadi Drug” Bust: ₹182 Crore Captagon Seized Under Operation RAGEPILL

    From Soft Power to Store Shelves: How ‘Mango Diplomacy’ Is Sweetening India-US Relations

    From Soft Power to Store Shelves: How ‘Mango Diplomacy’ Is Sweetening India-US Relations

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Hope Cooke: How an American lady almost snatched our Sikkim from us

    Hope Cooke: How an American lady almost snatched our Sikkim from us

    Bhojshala

    Bhojshala: The Untold Story of History, Conflict, and the ‘Victorious Mindset’

    From Soft Power to Store Shelves: How ‘Mango Diplomacy’ Is Sweetening India-US Relations

    From Soft Power to Store Shelves: How ‘Mango Diplomacy’ Is Sweetening India-US Relations

    Dhar Bhojshala

    Dhar’s Bhojshala Declared Vagdevi Temple by Indore High Court, Muslim Claim for Namaz Rights Rejected

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    The Most Popular Themes for Slot Games

    The Most Popular Themes for Slot Games

    Bharat Forge Cracks Embraer’s Elite Aerospace Network in Major Win for India’s Manufacturing Rise

    Bharat Forge Cracks Embraer’s Elite Aerospace Network in Major Win for India’s Manufacturing Rise

    Why Smarter Expense Management Is a Business Essential

    Why Smarter Expense Management Is a Business Essential

    From Nuclear Resolve to Tech Power: Modi Invokes Pokhran Spirit on National Technology Day

    From Nuclear Resolve to Tech Power: Modi Invokes Pokhran Spirit on National Technology Day

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Bengaluru Muslim Convention Puts Congress Under Pressure With Sweeping Demands on Reservation, Waqf and Religious Laws

    Bengaluru Muslim Convention Puts Congress Under Pressure With Sweeping Demands on Reservation, Waqf and Religious Laws

    Amit Shah Pushes for Unified Global Drug Laws, Warns Fragmented Systems Are Fueling Cartels

    Amit Shah Pushes for Unified Global Drug Laws, Warns Fragmented Systems Are Fueling Cartels

    Dhar Bhojshala

    Dhar’s Bhojshala Declared Vagdevi Temple by Indore High Court, Muslim Claim for Namaz Rights Rejected

    Sanjeev Sanyal is renoned

    Sanjeev Sanyal: Is Bengal About to Get Its Own ‘Technocrat’ Finance Minister?

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Is Gold Losing Its Safe-Haven Status Amid Iran Tensions, Oil Shock and Global Inflation Fears?

    Is Gold Losing Its Safe-Haven Status Amid Iran Tensions, Oil Shock and Global Inflation Fears?

    As Global Trade Falters Under Crisis, India’s ‘Plan-B’ Strategy Begins Paying Off

    As Global Trade Falters Under Crisis, India’s ‘Plan-B’ Strategy Begins Paying Off

    The Wrong Questions People Ask Before Buying Bike Insurance

    The Wrong Questions People Ask Before Buying Bike Insurance

    India–Vietnam Deepen Strategic Reset with $25 Billion Trade Goal, Broaden Indo-Pacific Alignment

    India–Vietnam Deepen Strategic Reset with $25 Billion Trade Goal, Broaden Indo-Pacific Alignment

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    How Strong Are India and Pakistan’s Nuclear Capabilities, and How Different Are Their Nuclear Doctrines?

    How Strong Are India and Pakistan’s Nuclear Capabilities, and How Different Are Their Nuclear Doctrines?

    “Choose Your Fate: Army Chief Draws a Hard Line Between Geography and History for Pakistan”

    “Choose Your Fate: Army Chief Draws a Hard Line Between Geography and History for Pakistan”

    BSF HQ Blast Probe Deepens as Two Key Arrests Unravel Cross-Border Module Behind Jalandhar IED Attack

    BSF HQ Blast Probe Deepens as Two Key Arrests Unravel Cross-Border Module Behind Jalandhar IED Attack

    UP ATS Uncovers Pakistan-Linked Reconnaissance Network After Surveillance of RSS Offices and Police Stations

    UP ATS Uncovers Pakistan-Linked Reconnaissance Network After Surveillance of RSS Offices and Police Stations

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Did America Help Engineer Imran Khan’s Ouster? The Explosive Mystery Behind Pakistan’s Leaked Cypher Cable I-0678

    Did America Help Engineer Imran Khan’s Ouster? The Explosive Mystery Behind Pakistan’s Leaked Cypher Cable I-0678

    “Choose Your Fate: Army Chief Draws a Hard Line Between Geography and History for Pakistan”

    “Choose Your Fate: Army Chief Draws a Hard Line Between Geography and History for Pakistan”

    India’s First “Jihadi Drug” Bust: ₹182 Crore Captagon Seized Under Operation RAGEPILL

    India’s First “Jihadi Drug” Bust: ₹182 Crore Captagon Seized Under Operation RAGEPILL

    From Soft Power to Store Shelves: How ‘Mango Diplomacy’ Is Sweetening India-US Relations

    From Soft Power to Store Shelves: How ‘Mango Diplomacy’ Is Sweetening India-US Relations

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Hope Cooke: How an American lady almost snatched our Sikkim from us

    Hope Cooke: How an American lady almost snatched our Sikkim from us

    Bhojshala

    Bhojshala: The Untold Story of History, Conflict, and the ‘Victorious Mindset’

    From Soft Power to Store Shelves: How ‘Mango Diplomacy’ Is Sweetening India-US Relations

    From Soft Power to Store Shelves: How ‘Mango Diplomacy’ Is Sweetening India-US Relations

    Dhar Bhojshala

    Dhar’s Bhojshala Declared Vagdevi Temple by Indore High Court, Muslim Claim for Namaz Rights Rejected

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    The Most Popular Themes for Slot Games

    The Most Popular Themes for Slot Games

    Bharat Forge Cracks Embraer’s Elite Aerospace Network in Major Win for India’s Manufacturing Rise

    Bharat Forge Cracks Embraer’s Elite Aerospace Network in Major Win for India’s Manufacturing Rise

    Why Smarter Expense Management Is a Business Essential

    Why Smarter Expense Management Is a Business Essential

    From Nuclear Resolve to Tech Power: Modi Invokes Pokhran Spirit on National Technology Day

    From Nuclear Resolve to Tech Power: Modi Invokes Pokhran Spirit on National Technology Day

    • 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

Ghaziabad Case Shocks UP: Hindu Woman Explains 13-Year Ordeal of Forced Conversions, Abuse and Serial Marriages; 16 Booked

Cash, Flats and a Municipal Jobs Trail: ED Arrests Ex-Bengal Minister Sujit Bose in Deepening Recruitment Probe

India Bans Real-Money Online Gaming, Enforces New Digital Gaming Law From May 1

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

NEET Leak Probe Reaches India’s Aspirational Class as CBI Questions Parents Accused of Buying Exam Papers
Crime

NEET Leak Probe Reaches India’s Aspirational Class as CBI Questions Parents Accused of Buying Exam Papers

18 May 2026

The Central Bureau of Investigation has widened its probe into the alleged NEET-UG 2026 paper leak and brought parents...

India’s First “Jihadi Drug” Bust: ₹182 Crore Captagon Seized Under Operation RAGEPILL
Crime

India’s First “Jihadi Drug” Bust: ₹182 Crore Captagon Seized Under Operation RAGEPILL

16 May 2026

India has recorded its first-ever seizure of Captagon, a banned synthetic stimulant widely referred to as the “jihadi drug”....

Tamil Nadu’s Electoral Integrity Under Scanner as ECI Investigates Foreign Nationals Voting in Assembly Polls
Law

Tamil Nadu’s Electoral Integrity Under Scanner as ECI Investigates Foreign Nationals Voting in Assembly Polls

16 May 2026

The Election Commission of India has launched a probe into allegations that foreign nationals cast votes in the recent...

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

From Runways to Warships: India’s Firefighting Warrior Built for Bases & Battles| IAF | VayuShakti

From Runways to Warships: India’s Firefighting Warrior Built for Bases & Battles| IAF | VayuShakti

00:05:40

Ethanol, EVs and Solar- How India’s Energy Game Is Changing | Modi on LPG & Crude Oil | war| Hormuz

00:05:21

Truth of IRIS Dena: 8 Days That Changed Narrative | War zone Reality, Not an Indian Navy Exercise

00:08:02

300 Million Euros for SCALP: Strategic Necessity or Costly Dependency on France300

00:04:06

Tejas Mk1A: 19th aircraft coupled but Not Delivered: What Is Holding Back the IAF Induction?

00:07:21
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