Hadiya case: No court can annul marriage between two consenting adults, says SC

coastaldigest.com news network
February 22, 2018

The Supreme Court of India on Thursday, Feb 22, observed that no court can annul marriages between two consenting adults or resort to a “roving enquiry” on whether the married relationship between a man and woman is based on consent.

The Bench led by Chief Justice Dipak Misra defined the limits of the court's jurisdiction in Hadiya case.

“Can a court say a marriage is not genuine or whether the relationship is not genuine? Can a court say she [Hadiya] did not marry the right person? She came to us and told us that she married of her own accord,” Justice D.Y. Chandrachud observed.

Ms. Hadiya, the 26-year-old Homeopathy student converted to Islam and subsequently married a Muslim man. The marriage was annulled by the Kerala High Court, which said it was “sham”. Her father, Asokan K.M., alleged that she was indoctrinated by a “well-oiled network” who is a front to recruit Indian citizens and traffick them abroad to strife-prone countries like Syria to work as “sex slaves”. However, Hadiya has repeatedly stated that her father had been telling blatant lies to separate her from her husband.

“She said on the telephone to her father that she wants to go to Syria to rear sheep. There may be fathers who receive such news with calm and fortitude, but this father was alarmed,” senior advocate Shyam Divan, for Mr. Asokan, addressed the Bench. Mr. Divan said his daughter is a victim of an “enormous trafficking exercise”.

Justice Chandrachud countered that if there was trafficking of citizens involved, the government had the power to stop it on the basis of credible information. If citizens are travelling abroad to be part of a manifest illegality, then too, the government has the authority to stop them.

“But in personal law, we cannot annul marriages because she did not marry the right person,” Justice Chandrachud told to Mr. Divan.

Chief Justice Misra said Ms. Hadiya's father may still view her as a child who was enticed or attracted by some kind of extraordinary situation. “But she is an adult,” Chief Justice Misra pointed out.

Chief Justice Misra said “What troubles us is there is a roving enquiry on the marriage of two consenting adults to find out whether was consent.”

The National Investigating Agency (NIA) had been probing the case and what they claim to be several other similar cases of “brainwashing”, radicalisation and indoctrination in Kerala. In the previous hearing, the court had told the NIA to stay away from prying into Ms. Hadiya's choice to marry Shafin Jahan.

But Mr. Divan said the Kerala High Court was “absolutely justified” in annulling the marriage, considering the particular circumstances of the case and the material before it that there was a network involved behind the conversion and marriage of Ms. Hadiya.

Countering Chief Justice Misra's observation that courts cannot intervene in a marriage between adults, Mr. Divan classified Ms. Hadiya as a “vulnerable adult” who still needs protection.

“This is a case exactly in which marriage is being used as a device to keep her [Hadiya] outside the reaches of the court,” Mr. Divan submitted.

In an intervention, senior advocate Kapil Sibal, for Mr. Shafin Jahan, said Mr. Divan was being “unfair” to the court. Mr. Sibal denied that Ms. Hadiya said she wanted to go to Syria for sheep farming. Instead, it was her father, upset by her conversion to Islam and subsequent marriage, who told her that she would be trafficked to terrorist countries. The court scheduled the next hearing on March 8.

Comments

Based on SC ruling  on Wrong judgement for simple cases  by the High court shows incompetency of the judges.

The marriage of 2consented parties can not be annulled by the court, even if it is wrong religiously, still they have access to have court marriages.

Very pity High court judges commit simple mistakes. A layman would never do such errors.

 

Based on SC ruling  on Wrong judgement for simple cases  by the High court shows incompetency of the judges.

The marriage of 2consented parties can not be annulled by the court, even if it is wrong religiously, still they have access to have court marriages.

Very pity High court judges commit simple mistakes. A layman would never do such errors.

 

 

Mohammed
 - 
Thursday, 22 Feb 2018

They need life.. they need justice

Suresh Kalladka
 - 
Thursday, 22 Feb 2018

Her father is an insane i think. Father making all issues with help of some saffrons

Sandesh
 - 
Thursday, 22 Feb 2018

Why they didnt reveal they got married.. They covered that in court.. 

Mohan
 - 
Thursday, 22 Feb 2018

Court wasted much money and time for this. Let them live freely. They are not minor. They can take decisions

Rizwan
 - 
Thursday, 22 Feb 2018

Truth will prevail, and falsehood will perish.

Kumar
 - 
Thursday, 22 Feb 2018

Thank God.. SC stands for justice. 

Ganesh
 - 
Thursday, 22 Feb 2018

Media, Saffrons and SDPI people made Hadiya case worst. They dragged this to court, NIA.

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coastaldigest.com web desk
June 27,2020

New Delhi, June 27: The Prime Minister Narendra Modi-led union government of India is not ready to stop all imports from aggressive China in spite of mount calls to boycott Chinese products in India.

The Centre is reportedly considering to stop only non-essential imports from the neighbouring country.

However, the Inward shipment in sectors such as automobiles, pharmaceuticals, certain electronics and others will continue until a domestic alternative is found.

“India will gradually move towards import substitution. It will not happen overnight. In the meantime, attention has to be paid on production and job creation. We cannot throttle our industry. There are certain absolutely essential imports. Needless to say, those will keep going,” official sources said.

Sources said that both the government and the industry are in the process of identifying products that can be domestically manufactured in the medium term. There are certain chemicals, automotive components, handicrafts, cosmetics, agriculture items and certain consumer electronics, which can be manufactured domestically in the short to medium term. The government is doing all it can to raise the capacity of domestic industries.

However, there are certain other imports in the automobile and the pharmaceutical sectors which cannot be done away within the short to medium term. Their domestic production at the moment may not be that cost-effective.

The six-crore strong traders’ body CAIT has been at the forefront of such a demand and has launched a campaign to celebrate Indian Diwali this year with a total absence of Chinese goods.

“Ease of doing business, capital availability at lower rates and globally competitive logistics and energy costs are some of the prerequisites that the government should look into to ensure the growth of the domestic auto component industry,” according to Automotive Component Manufacturers Association of India (ACMA) Director General Vinnie Mehta.

Maruti Suzuki Chairman R C Bhargava said, “People who are boycotting Chinese goods have to remember that in some cases it may lead to their being asked to pay more for the same product."

Meanwhile, domestic rating agency Acuite Ratings & Research has analysed the current import portfolio from China and found 40 sub-sectors have the potential to lower their import dependency on China. These sectors contribute to $33.6 billion worth of imports from China and about 25% of these imports can be substituted by local manufacturing without any significant additional investments.

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coastaldigest.com news network
February 23,2020

Mangalore University has been participating in the campus bird count a sub-event of ‘Great backyard bird count’ (GBBC) organized by Bird Count India for the past 5 years. This year, CBC was held from 14th to 17th February of 2020 across various campuses in India.

This year the four days event was successfully ended up with the sightings of 103 species of birds from various locations across the campus spread on 300 acres. In this Black Drongo, Black Kite, Brahminy Kite, Common Iora, Green Wabler, Purple-rumed Sunbird, Red-whiskered Bulbul, White-cheeked Barbet, Jungle Babbler and Plum headed parakeets were the common birds, and also observed House Crow with nest and nestlings, Indian Robin nest with eggs, Bronzed Drongo constructing the nest and Shikra mating and carrying nesting materials.  Whereas Yellow-billed Babbler is rare in the campus, Ashy Drongo, Barn Swallow, Booted Eagle, Grey Wagtail, Indian Pitta etc. were migratory birds, Grey-headed Bulbul (Near Threatened bird), Rufous Babbler and Grey-headed Bulbul were Western Ghats Endemics  and Brown Wood Owl, Barn Owl, Spotted Owlet, Nightjars (Savanna, Indian and Jerdon’s) and Sri Lanka Frogmouth were nocturnal birds. Blue-eared Kingfisher Grey-bellied Cuckoo which was very rare and new additions to avian list of the campus.

In the first year (2016) of Mangalore University’s CBC recorded 77 species, in 2017 recorded 95 species, in 2018 recorded 110 species and in 2019 recorded 107 species of birds. However some of the common species like Rose ringed parakeets, Blue tailed bee-eater, Nilgiri Flowerpecker and Indian roller etc., sighted last year were not seen this year. But with 2 new additions from this CBC, the checklist of Mangalore University Campus has been updated with a total of 141 species.

This event was coordinated by Vivek Hasyagar from the Department of Applied Zoology and Maxim Rodrigues from the Department of Marine Geology. Survey trails were led by more than 60 students and research scholars from various Departments of Mangalore University includes Applied Zoology, Biosciences, Microbiology, Botany, Physics, Chemistry and Material Science.  In addition, some enthusiastic participants from St. Aloysius College had involved in identifying the birds around the campus.

Quote:

Wild/planned fire affects negatively on the existing ecologically sensitive areas in and around the campus especially in lateritic grasslands. Because many insectivorous birds are dependent on these lateritic grassland habitats for their food and breeding grounds for many ground dwelling birds like Yellow wattled lapwing, Red wattled lapwing, Indian Robin and Barred buttonquails. Conserving these habitats will be helpful in protecting these birds.

Quotes from the participants: “The Campus Bird Count 2020 at Mangalore University was an experience of its own kind. Observing birds in their natural habitat gave me new perspective of viewing them not only as another living being, but as equals, or even of higher intelligence. The Campus Bird Count is an important step towards documenting bird life year after year, and creating awareness amongst youngsters, so that proper conservation steps can be taken to protect them from human interference”.

-Jyotsna Dessai ( 1 M.Sc Zoology)

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coastaldigest.com news network
July 14,2020

Udupi, Jul 14: Abhijna Rao, a student of Vidyodaya PU College, Udupi, has emerged state topper in the science stream of II PUC. 

Abhijna has secured 596 marks in the II PUC examination-2020, the results of which were announced on Tuesday July 14. She scored a perfect 100 marks in Physics, Chemistry, Mathematics and Computer Science (PCMC). In Sanskrit and English she scored 100 and 96 marks respectively.

She had secured second position in the Karnataka SSLC examinations two years ago.

She is daughter of Asha Rao and Vittal Rao, a retired professor. Her sister Raksha Rao has completed Engineering from NITK Suratkal.

“After securing second rank in the state in SSLC, my target was to score more in PUC examinations. My parents and lecturers have supported me in my studies. All my teachers gave me proper guidance. Vidyodaya College also supported me. I was studying on a daily basis. The exams were easy and I had expected to score above 590. I am very happy to score 596," she said.

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Lakshmi
 - 
Sunday, 19 Jul 2020

Congratulations sister what is ur success

 

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