Wife Not Personal Possession, Husband Cannot be Guardian, Supreme Court Tells Hadiya

Wife is not a chattel and the husband cannot be her guardian, the Supreme Court said on Monday after interacting with Hadiya, the 25-year-old Kerala resident, whose conversion to Islam and subsequent marriage had started the whole ‘love jihad’ debate.

The Supreme Court bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud hearing the ‘love jihad’ case, now being investigated by the NIA, interacted with her for nearly half-an-hour and posed questions on her life, ambition, studies and hobbies.

Hadiya told the apex court that she wanted 'freedom' to live with her husband, Shafin Jahan, profess her faith in Islam and that she very well understood what she was doing.

When the bench asked Hadiya to name any relative or any near acquaintance to be named as her local guardian in college at Salem in Tamil Nadu, she said her husband could be her guardian and she does not want anyone else in that role.

"A husband cannot be a guardian of his wife. Wife is not a chattel. She has her own identity in life and society. Even I am not guardian of my wife. Please make her understand," Justice Chandrachud said.

The bench posed questions to Hadiya in English while she answered in Malayalam, which was translated by senior advocate V Giri, who appeared for Kerala government.

When the bench asked Hadiya what your dreams are for the future, she replied she wanted freedom and to live with her husband.

The bench then asked whether she was comfortable in professing her faith and studying simultaneously and told her that being a good citizen, she can profess her faith and be a good doctor.

Hadiya replied she wanted freedom to profess her faith and she fully understood what she is doing. The bench asked her whether she wanted to continue her studies and pursue internship in house surgeonship at the expense of the state government.

The woman said she wanted to pursue her studies but not at the state's expense as her husband will take care of her. 

She further requested the court that she be allowed to visit her friend before being taken to Salem, to which the court agreed and directed the state government to provide her security.

The court asked Kerala police ensure that she travelled at the earliest to Salem in Tamil Nadu to pursue homeopathy studies at Sivaraj Medical College there and appointed dean of the institution as her local guardian.