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
July 24,2020

Indore, Jul 24: A woman who sells fruits on a cart and who lashed out at municipal officials here has done PhD in Materials Science. Her siblings too are well educated and sell fruits as they did not find jobs.

Dr Raisa Ansari, who lives at Bakery Street in Pardeshipura with her family said she wanted to be a scientist but did not get a job anywhere.

Speaking to media persons, Raisa said, "I have done PhD in Materials Science and wanted to be a scientist but did not get job anywhere. I sell fruit here but the municipal officials are bothering us. We are being forced to move from here to there like cattle. Our religion may be the reason why we are not getting jobs but we are proud to be Indian. I am still looking for a job."

Dr Raisa's mother Ayesha Ansari said she herself is not educated, but has four children of whom three girls and one boy studied a lot but no one got job.

Speaking to media persons Ayesha said, "I have four children and they are well educated. I have not studied but all my children are educated but did not get job so all of them sell fruits."

"When the matter came to marriage, one of the daughters got married. Raisa and Shahjahan Bi wanted an educated boy, but they were not able to find a suitable match because of their complexion and sometimes they rejected the proposal because of dowry, so both are single. Two of my grandchildren are studying biology. They will become doctors," said Ayesha.

Meanwhile, people in the neighbourhood lauded the family's abilities. They said theirs was an educated family had to sell fruits as they did not get jobs.

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News Network
March 24,2020

Bangalore , Mar 24: Bizom, India's leading retail intelligence platform, announced free subscription of its retailer app and tele-ordering solutions for consumer businesses in India and other emerging economies. Both solutions enable retailers to send their orders directly to the brand.
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Bizom trends, which analyses consumption and demand for consumer brands, showed how a near-complete shutdown during the Janta Curfew followed panic buying in early March. The asymmetrical demand and a lack of salespeople for order-taking are driving the industry towards social-distancing-based store-stocking mechanisms.
Bizom provides social-distancing-based store-stocking solutions for consumer businesses. They include the Bizom Retailer App and the Bizom Tele-ordering.
The Bizom Retailer App enables self-ordering for a brand's key retail outlets and can be implemented in under two weeks. The mobile app, a B2B shopping app, is a simple installation for retailers. It lists and groups the brand's products as per its product categories. The app's interface is no different from that of leading e-commerce apps. All the user has to do is select the preferred SKUs and add them to their shopping carts.
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With the Bizom Retailer App, brands can take orders directly from retailers instead of the traditional order-taking approach, which requires high-touch from a salesperson. Some of the key features of the app are, the ability to provide product information directly through retailers including SKUs, competitor comparison and pricing.
It also enables self-ordering from the retailer to maintain the flow of products as per demand, enables scheme rollout information through a notification on the app rather than through salespeople, tracks delivery of goods to the retailer and enables incentive payments to retailers directly rather than through distributor claims.
With Bizom Tele-ordering, as the sales teams go remote, the tele-ordering solution will become useful for brands who want to get salespeople to take orders from retailers, remotely. It ensures continued service to outlets despite not being physically present in the market.
Here, salespeople can discuss product requirements with retailers and enter orders based on specific outlet types (grocery, chemist etc.), outlet class (Class A, Class B etc.) or based on their beat or as per a distributor.
The key features of the Bizom Tele-ordering solution are, its ability to help salespeople collect orders from retailers remotely and enter it for fulfilment into Bizom using a tool, the flexibility offered to salespeople for remote servicing of retailers as per outlet type, beat, distributor area etc., secondary schemes get applied automatically, variable discounts will get applied as applicable at an SKU level.
"At Bizom, we are conscious of our responsibility to help brands run faster during these COVID-19 times. Our solutions of Bizom Retailer App and Bizom Tele-ordering have been built to ensure that brands can leverage this situation of low direct touch with retailers to enable a better way of working, remotely. I am trying to help brands go live in a few days so that they, in turn, can serve consumers better during these testing times," said Lalit Bhise, CEO, Bizom.

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News Network
March 1,2020

Mangaluru, Mar 1: Karnataka Minister for Major and Medium Industries Jagadish Shettar said that the flight service between Mangaluru and Hubballi will begin on March 29 under UDAN scheme.

Speaking to reporters on the sideline of the meeting of Industries Commerce of Magaluru, here on Saturday evening, he said while the city of Ports is the second busiest international airport after Bengaluru in Karnataka, other places, namely Hubballi, Belagavi, Kalaburagi and Bidar, have come on the air map with the UDAN scheme.

Stating that UDAN launched by Prime Minister Narendra Modi was what the Golden Quadrilateral highway project of former Prime Minister A B Vajpayee had envisaged, Mr. Shettar noted that more flights are operating to and from Mangaluru now. This has paved the way for Industrialisation of the important city on the Bombay-Karnataka region, he added.

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