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

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
February 9,2020

Uppinangady, Feb 9: Two members of a family were killed after the car collided with a tanker on the NH 75 at Bedrody near Uppinangady last night.

Police said on Sunday that the deceased have been identified as Jainy Saji (30) and her elder brother Jeeson (40).

Jainy and Jeeson were going to Uppinangady when a tanker, coming from the opposite direction, rammed into their car.
 

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 23,2020

Apr 23: An FIR has been registered in Nagpur against Republic TV channel's editor Arnab Goswami for promoting social disharmony and accusing Congress President Sonia Gandhi of orchestrating the Palghar lynching.

Three Mumbai residents, including two sadhus, who were on their way to Silvassa on April 16, were lynched by a mob in Gadakchinchale village of Palghar district on the suspicion that they were thieves. Nagpur Police Commissioner B K Upadhyaya said they received a complaint which was turned into an FIR at Sadar police station.

DCP Vinita Sahu said Goswami has been booked under sections 117 (abetting commission of offence by the public or by more than 10 persons), 120 (B) (criminal conspiracy), 153 (A) (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language and doing acts prejudicial to maintenance of harmony), 153 (B) (imputations, assertions prejudicial to national-integration), 295 (A) (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs), 290-A (public nuisance in cases not otherwise provided for), 500 (defamation), 504 (intentional insult with intent to provoke breach of the peace), and 506 (criminal intimidation) of the ipc. Another FIR was filed against him in Raipur, Chhattisgarh.

In a statement condemning Goswami, Maharashtra Congress said the killing has been wrongly given a communal angle despite ample proof of the contrary. "At a time when country is fighting against coronavirus pandemic, it is very unfortunate that a section of media as well as politicians are trying to create social unrest... [and] spread racial and religious hatred in society. Goswami has tried to create misogyny against women in the society. He made an outrageous remark against the Congress president on a live TV programme. This is completely unethical journalism and we publicly protest it. We believe in brotherhood and cannot accept such animosity. This will be dangerous for the unity and integrity of the country (sic)," it said.

Comments

Sayed Noorulla
 - 
Friday, 24 Apr 2020

Respected Mr. Uddhav thackeray, put this crazy fellow  Go Swamy in Mental Hospital, he require treratment, and after the treatment, sentence him to lifetime in prison.

 

Syed
 - 
Friday, 24 Apr 2020

He should be banned for lifetime from all the news channels, his licence should b cancelled and a hefty penalty should be put on him so that no one in future try to be a journalist to spread hatred and communal divide in society. He is a disgrace to India.

INDIAN
 - 
Thursday, 23 Apr 2020

One of the ugly person in our belover india, his duty is to divide people, make riot, and get good amount of money...he is not favouring any human being or even hindus....for him what if any innocent hindu or muslim die...he is sitting is AC room and igniting riot....

 

his supporters must be ashmed to have like this person whos bread and butter from killing innocent human of india...

Suresh
 - 
Thursday, 23 Apr 2020

Nice to herar this great news, Not only Arnab Gobarswami and his channel also ABP News, Zee News and India News all spreding Cammunal hatreds all these channels should be terminated forever. 

Mohammed SS
 - 
Thursday, 23 Apr 2020

Well done, I am very happy to herar this news, I beg not only criminal cases even his channel should be closed forever he is very big b***terd, he is always condem the penelists with harsh words while on the debates all are taking him lightly it looks very bad to the viewers  

Ahmed Ali Kulai
 - 
Thursday, 23 Apr 2020

This bugger should be put behind the bar as what Maharastra Govt has done for ABP News reporter. 

 

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
July 25,2020

Chennai, Jul 25: Two weeks after a 62-year-old widow accused him of harassment, including urinating outside her house, the Chennai Police on Saturday registered an FIR against ABVP national president Dr Subbiah Shanmugam.

Dr Shanmugam, Professor and HOD, Department of Surgical Oncology, Kilpauk Medical College and Government Royapettah Hospital, has been booked under sections 271 (disobedience to quarantine rule) and 427 (mischief causing damage) under the Indian Penal Code (IPC) and Tamil Nadu Women Harassment Prevention Act.

The FIR was lodged exactly two weeks after the woman’s relative Balaji Vijayaraghavan filed a complaint with the Adambakkam police accusing Dr Shanmugam of harassing his aunt, who is living alone in her apartment following her husband’s death last year, following an argument over a parking slot. 

The action came after Vijayaraghavan alleged that the police were not filing an FIR due to the ABVP functionary’s “political connections.”

Dr Shanmugam and the woman were living in the same apartment complex in Nanganallur and an argument broke between them over a parking slot.

“He wanted to use our parking lot. We agreed but demanded a nominal charge for using it. He was outraged by our demand and even broke our signboard at the parking lot,” Vijayaraghavan wrote in his complaint.

He also alleged that Dr Shanmugam began harassing her by throwing “pieces of chicken” outside her apartment despite knowing she is a vegetarian.

CCTV footage corroborates with the allegations of urinating outside the residence of the widow. However, the ABVP called the incident as a “malicious and derogatory propaganda” by the Congress’ student wing of NSUI.

"The video shared by NSUI with an allegation of harassment is tampered with and is being used with malafide intentions. The two families have discussed this within their housing society and have already concluded that the harassment allegations were caused due to misunderstandings and are untrue,” ABVP National General secretary Nidhi Tripathi said.

Vijayaraghavan also alleged in his two-page written complaint that the ABVP national president had urinated outside the woman’s apartment gate and had been throwing garbage and used masks at her gate.

In his complaint, Vijayaraghavan also said the family was “concerned about her safety” while asking police to take action against Dr Shanmugam, who he says, “has a bad track record in maintaining rapport with neighbours.”

Also Read: ABVP national president accused of harassing woman, urinating at her doorstep

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.