The chief Justice Deepak Misra said that in a habeas corpus petition, the consent of the girl is the most important element to consider.
Earlier in the day, the court has asked Ashokan to produce Hadiya on November 27, in the next date of hearing in the case.
When Hadiya, 24, who was Akhila Ashokan before she converted to Islam a few years ago, married a Muslim man named Shafin Jehan, her father appealed against the marriage in court alleging that it was a case of "love jihad", and part of a recruitment exercise by terror group ISIS. Hadiya is presently "held hostage" by her father against her wishes in their house in Vaikkoam.
The Supreme Court saw a packed Monday morning as it lined up a number of high-profile cases for hearing, ranging from the Aadhaar issue and its implementation, the Kerala Love Jihad case and Article 35A.
The SC said if it suspected any indoctrination, it has powers to direct her detailed examination by appropriate authorities. Today or tomorrow, I am going to die. In a recent video made by social activist Rahul Eashwar in Kochi, Hadiya had said that her father was ill-treating her and that there was a threat to her life. My father is getting angry, I know.More news: James Comey confirms Twitter account that was anonymous
More news: OnePlus 5T's Latest Leak Shows A New Slim-Bezel Display
More news: Pedroia to miss 2018 start for Red Sox after surgery
"I think the Supreme Court's observations saying they want to find out what Hadiya thinks is a welcome order".
In the course of Monday's proceedings, Misra asked the lawyers appearing for Ashokan and the National Investigation Agency if there was any legal bar to an adult woman in falling in love with a criminal.
"Although this direction comes quite late, I am happy that the court has taken the decision. The question is do courts respond to such radicalisation or do they remain silent?", Divan said. Senior advocate Kapil Sibal, appearing for her husband Shafin Jahan, opposed the NIA's submission and that of the woman's father. It was alleged that the 25-year-old woman was recruited by Islamic State's mission in Syria and Jahan was only a stooge.
He said that as far as marriage is concerned "it is her personal consent".
The top court also directed the police in the southern state to present Hadiya in the court in New Delhi on November 27.