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
January 10,2020

Bengaluru, Jan 10: The Special Investigation Team (SIT), probing the murder case of journalist-activist Gauri, arrested absconding suspect Rushikesh Devdikar alias Murali (44) from Dhanbad district in Jharkhand on Thursday evening and is bringing him to the city.

Rushikesh is the 18th suspect arrested in the case, Chief Investigating Officer M N Anucheth said. The investigation has revealed that he was primarily involved in the conspiracy to murder Gauri.

Rushikesh, who was hiding in a house in Katras, Dhanbad, will be produced before the local Judicial Magistrate in Dhanbad on Friday, said Anucheth, adding that the SIT had searched his house for clues. "We will obtain a transit warrant from the court and then bring him to Bengaluru," the officer said.

Originally from Aurangabad in Maharashtra, Rushikesh's family still lives there.

Gauri Lankesh was shot dead near her residence at around 8.20 pm on September 5, 2017, by two bike-borne men.

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News Network
April 4,2020

Bengaluru, Apr 4: As calamity struck the nation in the form of coronavirus, many philanthropists have generously opened their wallets to sustain the urban poor, especially the migrant labourers in the city and elsewhere in Karnataka.

These individuals either directly or through organisations opened up their kitchens to ensure that no one goes to bed hungry in this distressing time.

The Bruhat Bengaluru Mahanagara Palike, the nodal agency to feed urban poor, responded positively to requests by these organisations and individuals to supply food to the needy on their behalf.

"We had been serving food through our Indira canteens, which we continue to do even now. However, many philanthropists and corporates have come forward to feed the needy," the BBMP joint commissioner Sarfaraz Khan told reporters.

According to BBMP, Indira canteens used to provide two lakh meals a day on normal occasions.

However, since the lockdown has been clamped, the number swelled by almost 50 per cent.

"On Thursday alone, we served 2.85 lakh food, which comprises breakfast, lunch and breakfast," a Palike officer said.

The major aid came from Jain International Trade Organisation (JITO) and Azim Premji Foundation.

While JITO is feeding around 22,000 people, Azim Premji Foundation is taking care of 20,000 people.

Sajjanraj Mehta, an office bearer of JITO, told reporters that his organisation has been providing packaged cooked food since March 27.

"We got in touch with Bengaluru Mayor M Gautham Kumar, Police Commissioner Bhaskar Rao and the BBMP commissioner B H Anil Kumar. According to their list, 27,000 food packets were required daily," Mehta told.

The JITO members have arranged vehicles of their respective businesses to transport food packets to different locations as part of the campaign named as 'COVID-19 manav seva'.

The organisation has also decided to utilise the kitchen of Princess Golf, a marriage hall on Palace Grounds here to prepare food.

Palike officials said on Thursday alone JITO supplied 53,000 meals.

"We asked them to cover migrant labourers in those areas where Indira Canteen could not reach. We mapped the cluster and provided them info. Now, they are distributing it there," they said.

Another organisation engaged in charitable work is ISKCON Bengaluru.

Ever since the lockdown, it has been working in various parts of India providing food to various people.

"We are providing materials such as rice, wheat flour, Daal, oil, vegetables with long shelf life, salt, sugar and spices. Each packet can sustain for at least 21 days," Madhu Pandit Dasa, president of ISKCON Bengaluru.

The organisation has set a target to cover at least two lakh people but so far it has reached out to 30,000 people including 25,000 in Bengaluru alone.

"We are feeding about 50,000 people in Delhi, with the Telangana government we are feeding about 40,000 people in Hyderabad, about 10,000 people in Ahmedabad in association with the Gujarat government," Dasa told.

According to BBMP, other organisations providing food to the needy are KMFY, TVS Group, Vimal Bhandari, Radisson Blue Atria Hotel, Hitech Ecowood, Mohammed Shajid, Prestige Group.

Wipro Ltd also pitched in to feed the poor by opening up its industrial kitchen infrastructure.

In a statement, Global Head- Operations of the company Hariprasad Hegde said the humanitarian crisis we are faced with as part of the Covid-19 crisis has multiple dimensions to it, of which the need to deliver cooked meals to the stranded migrant workers and other vulnerable communities is probably the most critical and immediate one.

Recognising this, Wipro has decided to use the industrial kitchen infrastructure in our facilities to provide cooked meals, he said.

This kicked off on April 2 with the delivery of 43,000 meals from our Bangalore facility in Kodathi to the government.

"We have made use of our own procurement logistics to source the food provisions. This is a collaborative process, with the government taking responsibility for the logistics of last mile delivery to the communities that need it the most,” he said.

In the case of Bangalore, the Karnataka government has come forward to provide this kind of complementary delivery support. We are reaching out to other state governments and local administrations for similar efforts." he said.

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News Network
June 26,2020

Bengaluru, Jun 26: All efforts would be made to control the spread of coronavirus in the city and there will be no fresh lockdown, Karnataka Chief Minister B S Yediyurappa on Friday said, asserting that improving economic situation of the state is also equally important.

Though the state capital was considered a model for the entire country in COVID management and has seen a spike in cases during the last few days, the pandemic can be controlled if everyone cooperated, he said.

His remarks come a day after Revenue Minister R Ashoka said Bengaluru is still 'safe' compared to the COVID-19 situation in other cities and states and had ruled out a fresh lockdown for now, putting to rest speculations that it was planning such a move in view of spike in cases.

As of Thursday evening, a total of 1,791 COVID-19 cases, including 78 deaths and 505 discharges, had been reported in the city while the state's tally stood at 10,560 compared to just 3,408 cases as on June 1. The state capital has the highest number of cases among the districts.

"There is no question of imposing lockdown for any reason. In some areas (with high case load) we have already implemented lockdown, other than those places there is no question of it being implemented in other places," Yediyurappa told reporters here.

Improving the economic situation of the state was also equally important, he said ahead of his meeting with Ministers, MLAs and MPs of all parties from Bengaluru to discuss measures to control COVID-19.

"I will discuss with all MLAs including those from opposition and Ministers from Bengaluru and come to some decision. With their cooperation we will make all honest efforts to control the pandemic in Bengaluru," he added.

Earlier, there had been intense speculation after some ministers said the government may have to consider re-imposing the lockdown, eased in phases from the middle of last month, in view of continuing spike in new cases in the past several days. Bengaluru was a "model" to the entire country in COVID management, but in recent days cases have increased, Yediyurappa said, adding to control it cooperation from everyone was necessary.

"I have confidence that if everyone (MLAs) pays special attention in their respective assembly constituency, COVID can be controlled," he said. Meanwhile, official sources said the Chief Minister has given Revenue Minister Ashoka the charge of overseeing the COVID management in the city.

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