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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News Network
July 2,2020

Bengaluru, Jul 2: Karnataka government has issued a show-cause notice to 18 private hospitals for refusing to admit a 52-year-old patient with influenza-like illness (ILI) symptoms, who later died.

According to the notice dated on June 30, a 52-years patient named Bhawarlal Sujani died after he was denied admission by 18 private hospitals.

The patient was taken to these hospitals on Saturday and Sunday for admission on observing some ILI like symptoms. But none of these hospitals admitted in on the pretext of unavailability of bed/ventilators, read the notice.

This is a clear violation of providing medical assistance and admission necessitated under the agreed provision of KPME Registration. They should strictly adhere to the provisions under Sections 11 & 11 A of KPME Act 2017. Private Medical Establishments cannot deny/ refuse/ avoid treatment to patients with Covid-19 and Covid-19 like symptoms, the state Health Department said.

By denying the admission to the deceased patient, your hospitals have violated the provisions of the above-said act. You are liable for legal action in this regard, as per the notice.

The state Health department asked the hospitals to reply as to why action should not be initiated under the relevant Acts. 

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News Network
May 15,2020

Bengaluru, May 15: Karnataka Chief Minister B S Yediyurappa on Friday announced further relief package to the lockdown affected people.

Addressing a press conference, the Chief Minister said about Rs 500 crore would be earmarked to distribute to over 10 lakh farmers, who had grown Jowar and also cash compensation to the shepherds who would lose sheep and goats due to natural disasters.

While commending the efforts of the ASHA workers, who are remained in the frontline in fight against the COVID-19 pandemic, the Chief Minister said an additional Rs 3000 would be remitted to their bank accounts as an incentive.

The Chief minister had announced Rs 1610 crore cash relief package to benefit the auto drivers, barbers and washermen, last week.

He had also announced relief package to the farmers, and migrant workers and construction workers.

Replying to questions, he denied that by bringing amendment to the APMC Act, farmers would be suffered.

Brushing aside the criticism over an ordinance brought to the APMC Act by the Opposition Congress and the JD(S), the Chief Minister said “Amendment had been brought after taking care that farmers interests will not be adversely affected”.

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News Network
April 11,2020

Bengaluru, Apr 11: Former prime minister H D Deve Gowda claimed the lockdown decision was taken in 'haste' without forethought because of which farmers and the working class were 'suffering' and suggested measures to mitigate the impact. The state government should have consulted experienced citizens, officials, progressive farmers, farmer organisations and wholesale traders about the pros and cons before lockdown, he said in a letter to Chief Minister B S Yediyurappa, while highlighting that 61 per cent of the state's population depended on agriculture.

Because of the "hasty decision taken without any preparations", farmers of the country and the state are facing financial distress," he said in the April 9 letter, a copy of which was released to media here on Friday. The JD(S) patriarch suggested taking up some measures, including ensuring no restrictions on agriculture activities, procurement of horticulture produce at a fair price, relaxing export curbs on it, to provide relief to farmers, agriculture labourers, and daily wage workers.

On Sunday, Gowda had said he has assured Prime Minister Narendra Modi of his support in the nation's battle against COVID-19 pandemic when the latter called him to discuss the situation. In his letter to the chief minister, Gowda said: "...the lockdown implemented to control the spread of coronavirus has led our farmers into despair and put their lives into a burning fire.

This lockdown looks like a decision taken at haste without proper thinking and forethought for our farmers, agriculture labourers, and daily wage workers." He said the lockdown decision was taken after remaining 'quite' for about two months since the first corona infection was reported in the country on January 30. Among the suggestions made by the former prime minister include, procurement of horticulture produce at a fair price like in the case of milk from villages by the government through related organisations like Karnataka Horticulture Federation, HOPCOMS among others.

As horticulture produce was perishable, there should be no restriction on its procurement, transportation and marketing; all processing related activities of horticulture produce should be given relaxation from the lockdown, he said. Gowda also called for relaxation on exports for horticulture produce and its processed items. There should be no restriction on agriculture activities; a national grid has to be set up for marketing of horticulture produce, he said.

If such measures were not taken up immediately, the government will have to pay compensation to farmers for losses. Lack of remedial measures would lead to a shortage of supply, leading to rebellion from the people and may result in farmers' suicides and bringing about a situation that might be more grave than coroanvirus, he said.

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