Supreme CourtFull Bench

Shafin Jahan vs Asokan K.M. and Others

Supreme Court Of India · Decided on 8 March 2018 · Citation: (2018) 4 Scale 402 : (2018) 16 SCC 411

HON’BLE JUDGES
Dipak Misra, CJ · A.M. Khanwilkar, J · Dr. D.Y. Chandrachud, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 226
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 366 Of 2018 (Arising Out Of S L P (Crl ) No 5777 Of 2017)
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Judgment

12 paragraphs · 217 words

Leave granted.

 Heard Mr. Kapil Sibal and Ms. Indira Jaising, learned senior counsel along with Mr. Haris Beeran, learned counsel for the appellant, Mr. Maninder

Singh, learned Additional Solicitor General for the National Investigation Agency (NIA) and Mr. Shyam Divan, learned senior counsel along with Ms.

Madhavi Divan, learned counsel for respondent No.1.

 The reasoned judgment will follow. The operative part of the order reads as follows:-

Considering the arguments advanced on both sides, in the facts of the present case, we hold that the High Court should not have annulled the marriage

between appellant No.1, Shafin Jahan and respondent No.9, Hadiya alias Akhila Asokan, in a Habeas Corpus petition under Article 226 of the

Constitution of India. We say so because in the present appeal, by special leave, we had directed the personal presence of Hadiya alias Akhila

Asokan; she appeared before this Court on 27th November, 2017, and admitted her marriage with appellant No.1.

In view of the aforesaid, the appeal stands allowed. The judgment and order passed by the High Court is set aside. Respondent No.9, Hadiya alias

Akhila Asokan is at liberty to pursue her future endeavours according to law. We clarify that the investigations by the NIA in respect of any matter of

criminality may continue in accordance with law.