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
May 16,2020

Udupi, May 16: Close on the heels of six Covid-19 cases being detected in a little over 24 hours, Udupi recorded its first death of a Covid-19 patient. The victim is a 54-year-old man from Mumbai, who died due to a heart attack on Thursday. His reports came back on Saturday, and confirmed that he had Covid-19. The Udupi district administration has arranged to carry out his last rites as per government designated guidelines for Covid-19 victims.

A medical bulletin issued by the superintendent of Kasturba Hospital, Manipal, stated that the patient was admitted due to a heart-related issue on May 13.

Some members on the team that treated the patient have been quarantined. The hospital’s emergency department will operate as usual, and the outpatient department will operate as usual from 8.30am to 1pm, following government guidelines, the bulletin said. Deputy commissioner G Jagadeesha said that since the patient was from Mumbai, the authorities collected his swab sample for testing, as a precautionary measure.

The man suffered from chest pain, and was initially taken to the taluk hospital at Kundapur from where he was shifted to Kasturba Hospital, due to the seriousness of his condition. The doctors operated on him on May 13, and he suffered a severe heart attack on May 14 and died, the DC said. “Three hospital staff without PPE kits, who attended to the patient, have been quarantined,” the DC said, adding that the operating doctors and nurses had worn PPE kits.

In addition, 5 others who travelled with the person from Mumbai and 57 people with him at the Kundapur isolation centre, have been designated as primary contacts, and 38 others as secondary contacts, and quarantined. The staff at Kundapur taluk hospital too had taken precautions in handling the patient, the DC said. Udupi presently has six active cases, including a 1-year-old child and 5 others, all of whom returned from Dubai on May 12.

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News Network
August 4,2020

Bengaluru, Aug 4: Janata Dal (Secular) leader and MLA Satyanarayana passed away today due to multiple organ failure. He was 67.

Satyanarayana was representing Tumakuru’s Sira constituency in the Karnataka Legislative Assembly. He is survived by five daughters and one son.

It is learnt that he was suffering from multiple organ ailments from the past few days and was recently admitted to Manipal Hospital in the city. He breathed his last at 12:20 p.m.

He contested from JDS and worked three times as MLA and 2 times as MP. He was the chairman of KSRTC during the coalition government led by HD Kumaraswamy.

Former Prime Minister HD Devegowda mourned his death and said, “It is a shock to hear the demise of former minister and my close friend. We are friends from the past 3 decades and I cannot recall the days without him.”

Karnataka Pradesh Congress Committee President DK Shivakumar said, “Satyanarayana was concerned for the farmers and he was a gentleman. Hearing the news hurts me and this is an irreparable loss to the political field.”

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News Network
January 6,2020

Bengaluru, Jan 6: Karnataka Chief Minister BS Yediyurappa on Sunday launched the ruling BJP's outreach campaign in favour of the Citizenship Amendment Act (CAA) in Bengaluru.

"The CAA came into being after its amendment bill was passed in Parliament during its winter session with the support of major political parties. It is meant to give shelter and protection to Hindu minorities facing persecution in Pakistan, Bangladesh and Afghanistan. It does not take away any rights of Indians," Yediyurappa told residents on a door-to-door campaign in the city.

Accusing the opposition Congress of misleading the people on the CAA and inciting its protesters to indulge in violence, the chief minister said the Act does not cause any problem to all sections of Indians.

"There is no question of taking away anyone's citizenship, including that of Muslims, as the Act only facilitates the return of the Hindus persecuted in the neighbouring countries in the sub-continent," he asserted.

State deputy chief minister H.C. Ashwath Narayana and party's Bengaluru Central Lok Sabha member P.C. Mohan accompanied the chief minister on his outreach programme in some residential and commercial areas of the city.

As part of the nationwide campaign in favour the CAA, the party's state unit president Nalin Kumar Kateel and the state's dozen cabinet ministers led the campaign in other cities across the southern state.

"An awareness campaign will be peacefully held daily till January 15 across the state to counter the protests against it by students and other people at the behest of the Congress and Left parties," Kateel told reporters at Mangaluru, 350km southwest of Bengaluru.

Kateel is a BJP Lok Sabha member from the state's Dakshina Kannada seat.

Besides contacting the people directly at their doorstep through the party's leaders, cadres and supporters, the BJP is reaching all sections of society through social media and by holding pro-CAA rallies in all the 30-district headquarters across the state over the next 10 days.

"About 300 leaders and cadres of the party have fanned out in cities and towns across the state to explain the provisions of the CAA to the people and clarify their doubts, as the protesters were misleading them with wrong information about it," reiterated Kateel.

The CAA came into being after the President enacted the a law to give citizenship rights to Hindus, Sikhs, Jains, Parsis and Christians who have been allegedly persecuted as minorities in Afghanistan, Bangladesh and Pakistan over the last seven decades.

"A deliberate misinformation campaign has been carried out against the CAA by vested interests, misguiding a section of college/university students, their faculty, activists and members of the minority community on its provisions so as to create unrest and trigger violence in the country," Ravikumar claimed.

The ruling party also held rallies and public meetings in major cities like Mysuru, Mangaluru, Hubballi, Belagavi, Bellary and Kalaburagi across the state and enlightened the people on the benefits of the CAA.

"As social media is all-pervasive with greater reach and better impact, we are also reaching about one crore people of all ages through Kannada, Hindi and English script, messages and audio/video clips in the state during the fortnight campaign," added Kateel.

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