How can Kerala HC annul mature Hadiya’s marriage, questions Supreme Court

News Network
October 3, 2017

New Delhi, Oct 3: The Supreme Court of India has finally questioned the controversial annulment of a mature Hindu-converted-Muslim girl’s marriage with a Muslim boy by the Kerala High Court and the legality of the girl's father forcibly keeping her in his custody for the past several months.

A Bench of Chief Justice of India Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud asked how the High Court, on May 24, annulled the marriage of a woman, who has reached the age of majority, while exercising writ jurisdiction under Article 226, which is used to challenge violations of fundamental rights, legal rights and other basic rights.

Akhila alias Hadiya had stated in the Kerala High Court that she had embraced Islam on her own will and that she married Shafin Jahan, a Muslim man in 2016 as per Islamic Shariah. However the court had declared her marriage as "null and void" and forced her to go to her father’s house.

“We will hear logical and legal arguments on two issues - can the High Court nullify a marriage exercising jurisdiction under Article 226 and was an NIA probe necessary,” Chief Justice Misra observed and posted the case for hearing on October 9.

Chief Justice Misra then turned to counsel for the girl’s father, observing “she is a 24-year-old woman. You cannot have control over her.”

The court said it could either appoint a loco parentis or send her somewhere safe. “The father cannot say he should have 24-hour custody of her,” Chief Justice Misra observed.

Additional Solicitor General Tushar Mehta for the NIA countered that the top court under Chief Justice Misra’s immediate predecessor, Justice (now retired) J.S. Khehar, had on August 16 transferred the case from the Kerala Police to the NIA, subsequent to findings that there was a “pattern” of such conversions and marriages in the State.

Senior advocate Dushyant Dave, appearing for the Muslim man, Shafin Jahan, strongly objected to the SC order for NIA investigation. Mr. Jahan has filed a plea for recall of the order.

“The order for NIA investigation strikes at the very foundation of multi-religious society... Two senior BJP functionaries have married members of minority communities... Call the girl here, ask her,” Mr. Dave submitted.

The Kerala government, which had agreed in the SC to give the probe in favour of the NIA, also came forward wanting to file an affidavit. Former Supreme Court judge, Justice R.V. Raveendran, had refused the SC’s assignment to monitor the NIA probe.

Mr. Jahan’s recall petition requests the apex court to stop the NIA probe in light of subsequent events showing the girl converted of her own free will and she is being confined and “tortured” by her parents.

Mr. Jahan also sought a direction to be issued to the Director General of Police, (Law and Order), Trivandrum, Kerala to produce the girl before the Supreme Court.

His application, through advocate Haris Beeran, refers to an aired video shot by activist Rahul Easwar, featuring the girl objecting to her “house arrest”.

The application claimed that the acting president of the Kerala Human Rights Commission, P. Mohandas had gone on to make a statement that the girl “is undergoing immense human rights violation at her house”. Moreover, the application also quotes the chairperson of Kerala Women’s Commission, M.C. Josephine, indicating that there is “grave human rights violation in the case of the detenue (the girl) and that the commission is willing to act on a complaint”.

The application points out that the retired Supreme Court judge, Justice R.V. Raveendran, whom the Supreme Court had appointed to oversee the NIA investigation, has refused the assignment. It said that in the light of Justice Raveendran’s refusal, the NIA probe should be stopped as it would not be a fair one.

“NIA has already commenced investigation and already found a link, all without the guidance of Justice Raveendran, the worst fears of the petitioners have therefore been realised. That such an investigation is clearly not fair and is against the orders of the Supreme Court,” the application said.

It said that keeping the girl in custody against her will wherein she is not free to practice the religion she has chosen of her own free will is a clear violation of her fundamental rights,” it said.

It said that an NIA probe may not be required and “it is also clear that Respondent No.1 (the girl’s father) is blatantly infringing upon the right of the detenue to live a dignified life with all the liberty and freedom of a consenting adult of sound mind”.

Comments

Ahmed
 - 
Tuesday, 3 Oct 2017

There is no God but ALLAH and Muhammad pbuh is the final messenger of God...I request Non Muslims to come to truth.. just like Hadiya. We ask U to read & Ponder on ur vedas which says NA TASYA PRATIMA ASTI.. (There is no image of God) . God will definetely Guide those who are honest .

 

Ganesh
 - 
Tuesday, 3 Oct 2017

Laws are now not for protescting people. Its for destroying people. HC doing total injustice.

Suresh
 - 
Tuesday, 3 Oct 2017

Hats off Hadiya. You proved how brave you are. You waited, struggled alot. You will get your happiest life soon. Everybody with you. We love you.

Hari
 - 
Tuesday, 3 Oct 2017

Parents also against her. They are Cheddi followers. They imprisoned Hadiya. Except cheddis (rahul eswar and so on) not even friennds cant meet her. Her father not allowing to meet or talk

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News Network
August 4,2020

Bengaluru, Aug 4: The Central Crime Branch-Bengaluru conducted raids at 35 locations in Hennur and Banaswadi areas on Tuesday morning and arrested seven foreign nationals without valid passports and visas.

The Crime Branch also recovered fake currency during the raid, which is currently underway, informed the police.

"Central Crime Branch-Bengaluru conducted raids at 35 locations in Hennur and Banaswadi area today morning and arrested seven foreign nationals without valid passports and visa, fake currency also recovered," Sandeep Patil, Joint Commissioner of Police, Crime, Bengaluru said.

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News Network
March 25,2020

Bengaluru, Mar 25: The COVID-19 count in Karnataka went up by 10 on Wednesday, reaching 51. The 10 new positives included two girls aged seven and nine who contracted the infection from their father.

The 34-year-old man had returned from Amsterdam on March 19 and tested positive as the 17th confirmed case in Karnataka.

Though his family were kept in isolation and under quarantine in their house, the children developed a cold. They were confirmed for COVID-19 infection while their mother is still negative.

The government remained tightlipped over whether or not a 70-year-old woman from Gouribidanuru who was put under house quarantine and died on Wednesday morning, tested positive for COVID-19. Government officials would neither confirm nor deny anything on the results of tests on the woman.

This evening’s bulletin issued by the Karnataka health department continued to indicate the strong correlation of coronavirus infection and foreign travel.

Among the positive cases identified today were

A 63-year-old Bengaluru man and his 59-year-old wife, with a history of travel to Brazil and Argentina.
Two 26-year-old men with a history of travel to Spain and arrived back in Bengaluru via Dubai.
Two others, a 63-year-old woman and her 69-year-old husband, had a history of travel to Athens and London.
A 34-year-old man, a resident of Udupi, who returned from Dubai
A 37-year old woman, a resident of Chitradurga, with a history of travel to Guyana and arrived back in Bengaluru via Delhi
Speaking to the media, medical education minister K Sudhakar said health officials were apprehensive the positives may go up tonight.

Of the corona positive cases detected in Karnataka so far, three have been discharged after quarantine, and 47 patients are in isolation at designated hospitals in a stable condition. There has been one fatality.

As per a recommendation by the high-level health committee, the government has decided to convert the Bowring Hospital into a coronavirus treatment hospital facility along with the Rajiv Gandhi Hospital for Chest Diseases and Victoria Hospital. 

“The number of positive cases are growing at an alarming rate and the government needs more treatment facilities. The government is for burning of COVID-19 death cases. However, due to some religious practices, it has been decided they would be buried in 8 ft deep pits,'' Dr Sudhakar said.

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News Network
March 15,2020

Bengaluru, Mar 15: The Karnataka government on Saturday said it would advice IT companies to allow employees to work from home as most coronavirus  affected patients or their relatives were from this sector.

"If anybody (IT companies) asks (employees to work in the office),I will speak to them through the deputy chief minister so that they take steps to issue a definite order. We have very clearly said, Stay Home, stay safe," medical education minister Dr K Sudhakar said. He recalled that the chief minister himself had issued a strict advisory to allow employees work from home.

The minister said the IT sector understands the gravity of the situation because they are educated, have travelled abroad and have more exposure to information world. "No action," he said to a question on what action would be taken against companies who do not follow the instructions.

"There is no action to be taken. We have not promulgated any law. It should be a kind of a cohesive approach from the government and the responsible citizen," he said.

The minister said he had also acted on the advice of Infosys Foundation chairperson Sudha Murty, who had told him that all areas where public and students gather, including malls, theatres, schools and colleges, should be closed.

Sudhakar claimed that the woman whose husband had tested positive for cornavirus here, had flown straight to Delhi from the city and had not come out of Bengaluru airport. He said the newly-wed couple came to Bengaluru airport on March 8 night and early on March 9, she flew alone to Delhi. From there she travelled to Agra by train. She did not come out of the airport, said the minister.

To a question on legal action being contemplated against her, the minister said he would take a call said he was not thinking of legal action at present and would take a call only after the woman, who has also tested positive for the virus, comes out of isolation. He insisted that the purpose of getting details was not to scare people.

On the preparedness in Kalaburagi, where the first Coronavirus death in India was reported, he said the administration had 'clamped down" the entire district. Meanwhile, the deputy commissioner of Ballari district ordered cancellation of tourists' entry to the world heritage site of Hampi from March 15 to 22 to prevent further spread of the virus.

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