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 19,2020

Bengaluru, Jul 19: A total of 4,120 new COVID-19 cases were reported from Karnataka on Sunday, taking the total number of 63,772 in the state, informed the state's health department.

Out of the total cases reported in the last 24 hours, 2,156 were reported from Bengaluru.
The total figure includes 39,370 active cases, 23,065 recoveries, and 91 deaths.

"Karnataka crossed the 10-lakh-tests milestone today. So far, we conducted 10,20,830 tests across 88 labs in the state and 35,834 tests today," Minister for Medical Education of Karnataka tweeted on Sunday. 

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coastaldigest.com news network
May 2,2020

Mangaluru, May 2: Ibrahim Musliyar Bekal, a prominent Muslim religeous leader in coastal Karnataka has urged the Dakshina Kannada district administration not to end the covid-19 lockdown before the end of the blessed month of Ramadan. 

The appeal comes in the wake of reports that the state government may allow opening of clothe shops during the month of Ramadan to felicitate Muslims for Eid shopping.

"Muslims in the district have completely cooperated with the district administration in making the lockdown sucessfull. They have refrained from going to mosque even for Juma and Taraveeh during Ramadan. Such a lockdown is necessary to contain the pandemic," said Musliyar, who is also the Khazi of Udupi and Chikkamagaluru.

If the district administration withdraws lockdwon or relaxes it, people in large numbers may storm cloth shops wherein it physical distancing will be difficult, Musliyar warned.

He said that Muslims in the region have decided to observe Eid ul Fitr, a festival which marks the end of the blessed month, in a simple way maintaining physical distance. Hence the lockdown should be relaxed only after the festival, he suggested.

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coastaldigest.com news network
August 4,2020

Mangaluru, Aug 4: The Karnataka Beary Sahitya Academy has announced the names of the winners of its annual honorary awards (Gaurava Prashasti and Gaurava Puraskara) for the years 2019 and 2020.

Rahim Uchil, the president of the Academy announced the names at a press conference in the city today. Beary Academy registrar Poornima and member Shamsheer Budoli were also present in the press meet. 

Gaurava Prasasthi-2020 winners are: Basheer Ahmed Kinya (Beary literature), Veena Mangaluru (Beary cinema, drama and art) and Siddique Manjeshwara (Beary organisation and social service) 

Gaurava Puraskara-2020 winners are: Dr Mohammed Ismail (medicine), T A Mohammed Asif (education), Iliyas Mangaluru (social service), Abdul Rasheed aka Rash Beary (Beary organisation) and Safwan Shah Bahrain (young talent). 

Gaurava Prashasti-2019 winners are: Abdul Rehman Kutthethur (Beary literature), Ismail Tannirbhavi (Beary art) and M Ahmed Bava Moidin (Beary organisation and social service).

Gaurava Puraskara-2019 winners are: Abdul Razzak Ananthady (Beary education), T S Hussain (Beary literature), Abdul Majeed Suralpady (General), Asif Karnad (social service) and Ali Kunhi Paare (Beary organisation). 

The Academy’s "Gaurava Prashasti consists of Rs 50,000 cash prize, shawl, garland and citation, while "Gaurava Puraskara" consists of Rs 10,000 cash prize, shawl, garland and citation.

Mr Uchil said that the awards will be conferred in a formal function after discussing the dates with chief minister once the covid-19 situation comes under control. Even though the winners for the year 2018 were announced, they weren’t conferred on the achievers. Hence those awards also will be conferred in the same ceremony, he said.

About the winners:

Basheer Ahmed Kinya: He has been involved with the Beary music sector since the last 21 years in the form of singer, and poet. He has provided lyrics for over 150 Beary audio cassettes and also sang them. His first audio cassette, Maskattoru Kallas' had created a record by getting sold out within four to five days. He has also created several non-stop cassettes and Duf songs. 
 
Veena Mangaluru: She has acted in the first Beary cinema. She has acted in over a thousand plays in different languages. 'Mami Marmolu', Kurfat Katte/Amadakaro Chiri, and Shamimarabal are some of the plays she has acted in. 
 
Siddique Manjeshwar: A social worker and activist. Through social media, he led a blood donation campaign and thereby helped thousands of people.  There are over 10,000 members in his 54 WhatsApp groups who are ready for blood donation. His ‘Blood Donate Mangaluru’ drive has been able to collect over 26,000 units of blood and conducting over 250 blood donation camps so far. He was honoured with a special award of the chief minister of Kerala. 

Dr Muhammed Ismail: Dr Muhammed Ismail completed his medical education in 1989 and has been serving different hospitals since the last 30 years being a highly respected doctor. He also is an honorary medical officer of the Wenlock Hospital Mangaluru. He has served as an office-bearer of Indian Medical Association, Karnataka Medico-legal Society etc.
 
T A Mohammed Asif: He has been providing education to over 360 students from LKG to the eighth standard through Adarsh Group of educational institutions. He is also active in the social sector and has distributed school bags and books to poor students. During the lockdown, he distributed free food items worth about Rs 10 lac.
 
Ilyas Mangaluru: He had fought against the menace of dowry. He has got over 500 girls married through an organization, 'Dowry Free Nikah'. He has also created an app, Free Nikah, which helps boys and girls to find suitable matches. 
 
Rash Beary: Abdul Rasheed aka Rash Beary is known for using social media to help the people. By establishing 'Beary Nikah Helpline' he has helped several poor Beary women to get married. He also provides free counselling services to couples from all religions. With the help of donors, he keeps distributing clothes and food among needy.

Safwan Shah Bahrain: A well-known Beary singer, he has sung several songs in past one decade. He has been organizing various Beary programmes in Bahrain for past eight years. He had undertaken the adventure of jumping from the air from a height of 13,000 feet with the Indian flag in hand. 

Abdul Razack Ananantady: A PU college lecturer by profession, he has conducted over 500 pre-exam training camps and functioned as a resource person in leadership and personality development training. He has been conducting training and lectures for students and their parents on learning nutrition, and life values. His addresses on education and cultural aspects have been aired by Akashvani.

Abdul Rahiman Kuthethur: He was the co-editor or Beary Kannada - English dictionary and editor of the first-ever Beary grammar book released in 2019. He also is a member of the experts' committee on the Beary language textbook. He has translated Panchatantra stories, Sarvajna Vachanas etc into Beary language and published collection of poems.

Ismail Tannirbavi: He is known as a Beary theatre personality, who started acting at the age of 17. He has acted in over 300 plays including Beary, Tulu and Kannada. He has been in the theatre since the last 55 year and his plays have been presented in countries like Muscat and Kuwait. 
 
Ahmed Bawa Moidin: A social worker and member of the Beary Study chair. He also is the life member of Beary Sahitya Parishad and member of Human Ethical Committee of Mangalore University. He was the founder vice president of Mangalore Merchant Associate and member of divisional railway users consultative/committee. He has donated blood 53 times. 

 T S Hussain: Hussain is a veteran Beary writer who has defied blindness. He faced many difficulties and challenges in life and also met with an accident in 2008. Because of this accident, his eyesight had become very weak. He continued with the creation of works with determination in spite of failing eyesight with help from friends. He has authored two works and was appreciated for their content. Thereafter, he authored two more works. In 2018, he wrote another work.
 
Abdul Majeed Suralpady: A social worker and activist, he has served in various organizations. He served as the president of Suralpady government higher primary school for 21 years. He also served as the president of the educational committee of South Karnataka Sunni Centre's Al Ihsan English Medium School and got government recognition for the school. He set up PU college for girls and laid two-way road at Kaikamba besides bus shelter, toilet, drinking water system and building for police check post.
 
Apatbandhava Asif Karnad: He has been serving as an ambulance driver for the last ten years. He readily carries dead bodies and performs funeral. and done so for over a thousand bodies so far. Whenever he comes across mentally unsound people on the road, he gives them a wash and admits them to Ashrams. He has also been maintaining Maimoon Foundation Apatbhandhava Sycho Rehabilitation Centre.
 
Alikunhi Pare: He is the founder president of 'Melthene', a forum of Beary writers and artists. He has also served social, literary, organizational and religious sectors. He has been identified with several organizations including Mangaluru taluk Yuvajana Okkota and Dakshina Kannada and Udupi Muslim Central Committee.

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