In a major twist, SC asks how the father of a 24-year-old can question her rights.
The Bench posted the matter for further hearing on October 9 after Mehta sought adjournment on the grounds that ASG Maninder Singh who had been appearing in the case was not available.
He pointed out that two senior Muslim BJP functionaries had married Hindus and asked will it be called love jihad and would the court order investigation against them?
Defence Counsel Dushyant Dave argued that the probe by the National Investigation Agency in the case "strikes at the very foundation of multi-religious society".
Last December Shafin Jahan married to Hindu woman had now moved to the apex court and High court to nullify his marriage.
The senior lawyer questioned the apex court order asking the NIA to probe saying that neither the father, nor the state and neither the NIA was in appeal against the high court order.
"Pattern or no pattern, the question is, can the high court annul the marriage by exercising its powers under Article 226 of the constitution", the bench held.
In a fresh application for recall of this order, Shafin Jahan said that on August 17, 2017 activist Rahul Easwar visited the home of the girl's father, where Akhila has been detained. "Your Lordships have gone beyond the jurisdiction and expanded the proceedings by ordering NIA probe".
The Kerala HC had nullified the marriage of Hadiya with Shafeen on May 2017, citing that the marriage happened without in the absence of parents.
Hadiya's father plea says Hahan is a criminal and his daughter was trapped by a network with connections to Popular Front of India and even the Islamic State.
The National Investigation Agency (NIA) has submitted all the up to date details of the investigation in the Court.
A Bench headed by Justice Misra's predecessor, Chief Justice JS Khehar, had said that the investigation into the matter would be supervised by the retired apex court judge RV Raveendran. It was alleged that the woman was recruited by the ISIS's mission in Syria and Jahan was only a stooge.