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
May 21,2020

Kozhikode, May 21: Six employees of a private clinic here and a taxi driver have been put on mandatory 14 days quarantine as a lady gynaecologist running the dispensary tested positive for COVID-19 in Bengaluru.

District Medical Officer Dr V Jayashree said the gynaecologist had returned to Karnataka a fortnight ago and tested positive while she was on quarantine there. Six staff members of the clinic at nearby Thamarassery and the taxi driver who dropped her inBengaluruon May 5 have been asked to go on quarantine, she said.

Patients had visited the clinic, belonging to the gynaecologist and her doctor husband, till April-end. Sources said the district administration is trying to figure out thecontacts of the gynaecologist, including pregnant women, for being quarantined.

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News Network
February 28,2020

Bengaluru, Feb 28: “Those who struggle to come up can understand people’s problems better. Yediyurappa is one such leader who has reached this position after a struggle,’’ said former chief minister Siddaramaiah, in praise of Chief Minister BS Yediyurappa, who celebrated his 78th birthday on Thursday in Bengaluru.

Siddaramaiah was the only non-BJP leader on the dais, who not only attended the event, but was present throughout. He released a coffee table book, ‘A Leader who Saw Tomorrow’, on Yediyurappa’s life and achievements, compiled by The New Indian Express.

Dwelling on the political spectrum and human relationships, Siddaramaiah said, “Our ideologies are different, but that is limited to politics. Politics should not come between personal relationships.’’ Recalling his association with Yediyurappa, Siddaramaiah said that in 1983, he and Yediyurappa had entered the Assembly for the first time.

“Yediyurappa did not become chief minister just like that. It took years of struggle and hard work. We both have many similarities — neither of us came from political backgrounds. We came up through struggle and those who come from such backgrounds understand people,’’ he said.

Siddaramaiah said that it was Yediyurappa who first became chief minister, and he had reached the post only five years later. “I am five years younger than him, maybe that is the reason,’’ he said on a lighter note. Yediyurappa has become chief minister four times, but I have been chief minister only once, he added. He also spoke about how Yediyurappa had played an important role in bringing the BJP to power in the state, the party’s first government in South India. “Very few leaders know the pulse of the state and Yediyurappa is one among them,’’ he said.

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News Network
January 24,2020

Bengaluru, Jan 24: The JD(S) is looking to leverage anti-Citizen (Amendment) Act (CAA), National Register of Citizens (NRC) and National Population Register (NPR) sentiment sweeping the country to revive itself and will hold protests in Bengaluru and New Delhi.

The Bengaluru protest is scheduled for Friday. At a meeting of party workers in Bengaluru on Thursday, party patriarch HD Deve Gowda and former chief minister HD Kumaraswamy urged the rank and file to participate in the rally to send out a loud and clear message to the BJP.

"The BJP has set out to make Muslims second-grade citizens. India has 40 crore Muslims, can these communal forces eliminate them all?" Gowda said in his address. "We should have the guts to launch a massive protest at Jantar Mantar. We should be prepared to go to jail in the fight against [Prime Minister] Narendra Modi and [Union home minister] Amit Shah."

Gowda said he will lead the rally in Delhi and urged secular parties to unite to take on the BJP. "It is important that regional parties, which share a secular ideology, unite on a common agenda and fight the BJP. Bihar, Kerala and Odisha have said they will not implement CAA. The sentiment is likely to spread to other states," Gowda said.

Kumaraswamy said not only Muslims but many other communities will also bear the brunt of BJP’s "divisive politics". "This pair of Hakka-Bukka [Modi and Shah] is not targeting Muslims alone," he said. "For them, all communities other than upper caste Hindus are inferior Shudras. They will treat even Lingayats, Vokkaligas and Dalits with the same contempt."

The former CM made a special appeal to Lingayats, who generally back the BJP, to stop supporting the saffron party’s caste-oriented politics. "You had appreciated my farm loan waiver scheme and promised support in the elections. But, the results were contrary to that," he said.

The JD(S) passed three resolutions including one to condemn the Centre for enacting CAA. The others were to protest against the Centre’s indifference to the floods in the state and the failed economic policy of the Centre.

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