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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coastaldigest.com news network
June 12,2020

Mangaluru, Jun 12: A huge crowd gathered for the grand opening of the newly built 175-metre-long two-lane bridge across Phalguni River on National Highway 169 near Gurupura on the outskirts of the city today.

Even as the photos of the bridge inauguration ceremony went viral on social media, netizens took the elected representatives and the district administration to task for flouting safety norms at a time when the coronavirus cases are continuing to mount in coastal Karnataka.

The bridge was completed in a record time of 15 months. Dakshina Kannada MP and State BJP President Nalin Kumar Kateel and district in-charge Minister Kota Srinivas Poojari inaugurated the bridge in the presence of Mangaluru City North MLA Y. Bharath Shetty and others.

The bridge has come as a breather to thousands of travellers between Mangaluru-Moodbidri-Karkala on the busy NH. The age-old steel bridge had become dilapidated and was a cause for concern for road users. The highway is also under the process of getting widened to four lanes.

The bridge was constructed at an estimated cost of Rs 30 crore by contractor Sudhakar Shetty of Mugrodi Construction. Work started in February last and the contractor had time till February next.

While the two-lane carriageway is 16 metres wide, the bridge has 2.5-metre-wide pedestrian paths on both the sides. New approach roads of 500 metres each were also part of the project.

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coastaldigest.com news network
January 6,2020

She is one of a few beauty queens who give equal importance to both modelling and academic growth. Within months after completing her MBA in Finance and HR, Shifali Saldanha won Miss India Continent 2019 first runner-up and Miss Glory of International 2019 held in Mumbai.

An alumna of St Aloysius College (AIMIT), this 23-year-old Mangalurean is now a much sought after budding model. “I am enjoying the moment and would like to go with the flow,” says the much-loved daughter of Stephen Saldanha and late Anupama Saldanha.

Over the course of past two years, Ms Saldanha has experienced various nerve-wracking moments. She was shattered when her beloved mother lost battle with cancer and bid adieu to the world a couple of years ago. Yet, she serenely braved all the challenges. Her ‘never give up’ attitude helped her to scale new heights amidst misfortunes and pains.

Speaking to coastaldigest.com about her success in Miss India Continent 2019, which was organised by Dr Mahesh Yadav of Aman Gandhi Film Productions, Ms Saldanha said 15 contestants from different parts of the country were shortlisted for the finale, which had five diverse rounds. 

“The meet and greet session was my favourite phase in the competition as it was an opportunity to interact with the participants from different parts of the country,” recalls the multi-talented, who dreams big. 

The leggy lass’ success wasn’t accidental one. A trained singer and multilingual anchor, Ms Saldanha was already a known figure in coastal Karnataka. She had won the titles Miss Karnataka International- Multimedia 2018, and Miss Beautiful Eyes Mangaluru 2018.

Being a moderate feminist, who carries a go-getter attitude, Ms Saldanha calls upon every woman to be optimistic, challenging and goal-focused.

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News Network
January 27,2020

New Delhi, Jan 27: Non-Muslim refugees from Pakistan, Bangladesh and Afghanistan will have to provide proofs of their religious beliefs while applying for Indian citizenship under the controversial Citizenship Amendment Bill (CAA), officials said on Monday.

The applicants belonging to Hindu, Sikh, Christian, Buddhist, Jain or Parsi faiths will also have to furnish documents to prove that they entered India on or before December 31, 2014.

Those who will seek Indian citizenship under the CAA will have to provide proofs of their religious beliefs and this will be mentioned in the rules to be issued under the CAA, a government official said.

According to the CAA, members of Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities who have come from Pakistan, Bangladesh and Afghanistan till December 31, 2014, due to religious persecution there will not be treated as illegal immigrants and will be given Indian citizenship.

The central government is also likely to give a relatively smaller window of just three months to those who want to apply for Indian citizenship in Assam under the CAA, another official said.

Some Assam-specific provisions are expected to be incorporated in the rules to be issued for the implementation of the CAA.

Assam chief minister Sarbananda Sonowal and his finance minister Himanta Biswa Sarma had made a request about a fortnight ago to keep a limited period window for applying under the CAA and also incorporate some other Assam-specific provisions in the CAA rules.

The move comes in view of continuing protests against the CAA in Assam that have been going on since the legislation was passed by Parliament in December last year.

There has been a growing feeling among the indigenous people of Assam that the newly enacted legislation will hurt their interests politically, culturally as well as socially.

The Assam Accord provides for detection and deportation of all illegal immigrants who have entered the country after 1971 and are living in the state, irrespective of their religion.

The protesters in Assam say that the CAA violates the provisions of the Assam Accord.

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