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
February 1,2020

New Delhi, Feb 1: An extremist today fired shots at anti-CAA protesters at Shaheen Bagh in Delhi, just three days after another extremist fired at protesters at nearby Jamia Millia University. This is the second daylight shooting in which the police caught the man only after the shots were fired.

The man, apparently a fan of BJP leaders including Narendra Modi and Amit Shah, shouted "Jai Sri Ram" as he fired shots standing near police barricades put up at the south Delhi locality where hundreds of women and children have sat on the road in protest for more than a month. He was caught by the police. No one was injured. 

The shooter was also heard saying: "Humare desh mein sirf Hinduon ki chalegi aur kisi ki nahi (in our country only Hindus will prevail)." He had allegedly come to the area in an auto.

A witness said the man fired two-three times, standing right next to the police, not at the spot of the protest but close enough to a large crowd of unarmed men, women and children. 

"We suddenly heard gunshots. This person was shouting Jai Shri Ram. He had a semi-automatic pistol and he fired two rounds. The police were standing just behind him," said the witness, a volunteer at the protest.

"When his gun jammed, he ran. He tried to fire again, then tossed the gun into the bushes and tried to escape. Some of us and the police caught him, the police dragged him away," he added. Protesters questioned whether the police were more focused on keeping an eye on them rather than tackling crimes like this.

Police officer Chinmay Biswal said the man had fired shots in the air. "The man had resorted to aerial firing. Police immediately overpowered and caught him," he said.

This incident - the second shooting in Delhi at an anti-CAA protest -- has chilling similarities to the one that took place just two km away at Jamia university on Thursday, when a 17-year-old Class 12 boy from Uttar Pradesh fired a crude pistol at unarmed protesters with dozens of policemen behind him, watching. The teen, who left home claiming he was going to school, took a bus to Delhi intending to target Shaheen Bagh but landed at Jamia next-door after an auto-driver dropped him off there to avoid the traffic chaos.

The shootings have taken place in quick succession after controversial slogans of "Goli Maaro Sa***n Ko (shoot the traitors)" were chanted on Monday at a Delhi campaign rally of Anurag Thakur, the Union Minister of State for Finance, who was part of the team involved in Budget 2020 announced today.

Mr Thakur was banned from campaigning in Delhi for three days for egging on BJP workers to shout the "Goli Maaro" slogan.

Delhi Chief Minister Arvind Kejriwal slammed Home Minister Amit Shah, to whose ministry the Delhi Police reports to, over the two shooting incidents. "What have you done to our Delhi, Amit Shah ji? Bullets are being fired in broad daylight... Law and order is being criticised constantly. Elections will come and go, politics will keep happening, but for the sake of the people of Delhi, please focus on fixing law and order," he tweeted.

The Shaheen Bagh protest has attracted attention from across the country in the protests against the CAA or the Citizenship (Amendment) Act, which makes religion a criterion for citizenship. Critics say the law discriminates against Muslims as only non-Muslims from neighbouring Pakistan, Afghanistan and Bangladesh can become Indian citizens if they fled religious persecution and entered India before 2015.

Of late, critics of the Shaheen Bagh protests, mainly pro-CAA activists, have attacked the month-long sit-in on a key road in Delhi connecting to Noida. They say the protest has become a traffic nightmare for commuters.

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News Network
May 6,2020

May 6: Congress general secretary KC Venugopal on Tuesday termed as "inhumane" the government's decision to "impose excessive costs" on NRIs and expatriates for bringing them into the country from COVID-19-affected nations.

He demanded that the central government fly in the poor and vulnerable free of cost while charge the others with normal fares instead of high costs.

"The central government's decision to impose excessive costs on NRIs flying in special flights from the Covid-affected countries is an inhumane act," he said in a statement.

Venugopal said it was due to protests by a large number of expatriates and their relatives as well as the general public over the past few days that the central government took the decision to bring back Indian citizens from abroad.

"However, it is cruel that the Central government has taken advantage of this plight of expatriates by increasing the price of air fares up to three times. This is inhumane," Venugopal said in his statement.

He urged the Centre to take urgent steps to provide free travel to the most vulnerable, unemployed, sick and pregnant women and to others on normal fare.

Air India will operate 64 repatriation flights for a week from May 7 while the Navy deployed two ships as India rolled out a massive evacuation plan on Tuesday to bring back thousands of its nationals stranded abroad due to the coronavirus-triggered lockdown.

Those availing the repatriation flights will be charged, Civil Aviation Minister Hardeep Singh Puri told a virtual press conference in New Delhi. A passenger on a London-Delhi flight will be charged Rs 50,000 and on a Dhaka-Delhi flight Rs 12,000, he added.

From the Gulf countries to Malaysia and the UK to the US, the multi-agency operation christened 'Vande Bharat Mission' will see the state-owned airline operate the non-scheduled commercial flights till May 13 to ferry around 15,000 Indian nationals from 12 countries.

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News Network
February 17,2020

Varanasi, Feb 17: For the first time, the Indian Railways has reserved a seat for a deity on a train. The national transporter, which launched its third IRCTC operated train named Kashi Mahakal Express from Varanasi to Indore, has reserved a seat for Lord Mahakal (Lord Shiva) on board.

Speaking to media, Northern Railway spokesperson Deepak Kumar said: "It is for the first time that a seat has been left reserved for a deity."

"One seat in Kashi Mahakal Express (seat number 64 in B5 coach) has been left reserved for Lord Shiva," he said.

"Even a temple has been drawn on the seat to make people aware that the seat is reserved for Lord Mahakal," he said.

IRCTC's Director, Tourism, Rajni Hasija said that the practice would continue beyond the inaugural run.

Prime Minister Narendra Modi flagged off the Kashi Mahakal Express via video conferencing from Varanasi, where he is all launched several projects worth Rs 1,250 crore during the day's visit to his parliamentary constituency.

The third IRCTC train, after the two Tejas Express trains on New Delhi-Lucknow and Mumbai-Ahmedabad routes, the Kashi Mahakal Express will connect three places -- Jyotirlinga-Omkareshwar (near Indore), Mahakaleshwar (Ujjain) and Kashi Vishwanath (at Varanasi).

Also connecting the industrial and educational hub of Indore, with Bhopal, the train will begin its commercial run from February 20.

"The Kashi Mahakal Express will operate three days in a week and it will be a bi-weekly service through the Sultanpur-Lucknow route and a weekly service via the Prayagraj route," Kumar said.

Elaborating on the two routes from which the train will pass every week, Hasija said: "Once the new train starts its regular run from this week, it will depart from Varanasi at 2.45 p.m. every Tuesday and Thursday to reach Indore at 9.40 a.m. on Wednesday and Friday.

Similarly, the train will start from Indore at 10.55 a.m. every Wednesday and Friday and will reach Varanasi at 6.00 a.m. the next day. This train will have stoppages at Ujjain, Sant Hirdaram Nagar, Bina, Jhansi, Kanpur and Sultanpur stations in both directions.

Meanwhile, in the weekly service via Prayagraj route, the Kashi Mahakal Express will depart from Varanasi at 3.15 p.m. every Sunday to reach Indore at 9.40 a.m. the next day. On the other way, it will depart from Indore at 10.55 a.m. every Monday and reach Varanasi at 5 a.m. the next day.

"This train will halt at Ujjain, Sant Hirdaram Nagar, Bina, Jhansi, Kanpur and Allahabad stations in both directions," Kumar said.

Explaining the fares of the Kashi Mahakal Express, Hasija said, "Kashi Mahakal Express will follow a dynamic fare structure like the other two Tejas Express trains."

One-way journey from Varnasi to Indore will cost Rs 1,951, inclusive of four meals.

According to the IRCTC officials, the Indore-Varanasi Kashi Mahakal Express will be the first private train that will run overnight and for a comfortable long distance journey, will feature a host of facilities. The IRCTC will serve vegetarian food, and provide housekeeping services, on-board security services and bedrolls.

The IRCTC officials said that passengers will also get complementary insurance of Rs 10 lakh.

The train will have an advance reservation period of 120 days and will only have the general and foreign tourist quotas. The current booking will be available to the passengers on the platform itself after preparation of first chart, four hours to five minutes before the scheduled departure of the train.

To facilitate travel for pilgrims, the IRCTC is also introducing special tour packages for passengers who want to see the pilgrim centres enroute. The tour options are; Mahakal Darshan (Ujjain - Omkareshwar), Bhopal-Sanchi-Bhimbetka, Malwa Jyotrilinga Darshan (Ujjain-Omkareshwar- Maheshwar- Indore) and Bhopal-Sanchi-Bhimbetka-Ujjain. Other tour options include Kashi, Ayodhya and Prayag; Kashi Darshan; Kashi, Prayag, Ayodhya; Kashi and Prayag and only Kashi.

The train has silent features like CCTV cameras, which will be monitored online around the clock from the IRCTC centres, whereas for the first time the IRCTC has brought the marshals in the train for passengers safety and also to make people aware to not smoke inside the train as it has smoke and heat sensors installed in the coaches as well as in the bathroom. For the blind passengers, the train coaches have the seat numbers written in Braille, and the catering staff will be dressed in yellow kurta-pyjamas with a rudraksh malas on their necks to promote the train's theme.

Comments

ASIF
 - 
Tuesday, 18 Feb 2020

waw.. good header with superb news..

good going !!

Althaf
 - 
Tuesday, 18 Feb 2020

If you are truthful then go to china and stay with patients of carona virus. The carona virus should not affect you as you are a vegeterian. Prove this first. 

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