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 27,2020

Bengaluru, May 27: Former Karnataka chief minister and JD-S leader HD Kumaraswamy on Wednesday said that the state government should withdraw the decision to name the Yelahanka bridge after Hindutva ideologue Vinayak Damodar Savarkar.

"The state government's decision to name the Yelahanka bridge after Savarkar is a disgrace to those who have struggled for the country's prosperity. This doesn't give a good name to the state government," Kumaraswamy tweeted.

"There are many great people who worked for the development of the country before and after independence. Their names could have been used for this bridge. Do other states name their bridges after our leaders? On behalf of the people of the state, I urge the state government to take a step back from this decision," he added.

The newly built Yelahanka bridge was named after Savarkar last year in a BBMP council meeting. Later it was sent to state government for approval. Tomorrow, the bridge is likely to be inaugurated for public use.

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News Network
April 23,2020

Apr 23: An FIR has been registered in Nagpur against Republic TV channel's editor Arnab Goswami for promoting social disharmony and accusing Congress President Sonia Gandhi of orchestrating the Palghar lynching.

Three Mumbai residents, including two sadhus, who were on their way to Silvassa on April 16, were lynched by a mob in Gadakchinchale village of Palghar district on the suspicion that they were thieves. Nagpur Police Commissioner B K Upadhyaya said they received a complaint which was turned into an FIR at Sadar police station.

DCP Vinita Sahu said Goswami has been booked under sections 117 (abetting commission of offence by the public or by more than 10 persons), 120 (B) (criminal conspiracy), 153 (A) (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language and doing acts prejudicial to maintenance of harmony), 153 (B) (imputations, assertions prejudicial to national-integration), 295 (A) (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs), 290-A (public nuisance in cases not otherwise provided for), 500 (defamation), 504 (intentional insult with intent to provoke breach of the peace), and 506 (criminal intimidation) of the ipc. Another FIR was filed against him in Raipur, Chhattisgarh.

In a statement condemning Goswami, Maharashtra Congress said the killing has been wrongly given a communal angle despite ample proof of the contrary. "At a time when country is fighting against coronavirus pandemic, it is very unfortunate that a section of media as well as politicians are trying to create social unrest... [and] spread racial and religious hatred in society. Goswami has tried to create misogyny against women in the society. He made an outrageous remark against the Congress president on a live TV programme. This is completely unethical journalism and we publicly protest it. We believe in brotherhood and cannot accept such animosity. This will be dangerous for the unity and integrity of the country (sic)," it said.

Comments

Sayed Noorulla
 - 
Friday, 24 Apr 2020

Respected Mr. Uddhav thackeray, put this crazy fellow  Go Swamy in Mental Hospital, he require treratment, and after the treatment, sentence him to lifetime in prison.

 

Syed
 - 
Friday, 24 Apr 2020

He should be banned for lifetime from all the news channels, his licence should b cancelled and a hefty penalty should be put on him so that no one in future try to be a journalist to spread hatred and communal divide in society. He is a disgrace to India.

INDIAN
 - 
Thursday, 23 Apr 2020

One of the ugly person in our belover india, his duty is to divide people, make riot, and get good amount of money...he is not favouring any human being or even hindus....for him what if any innocent hindu or muslim die...he is sitting is AC room and igniting riot....

 

his supporters must be ashmed to have like this person whos bread and butter from killing innocent human of india...

Suresh
 - 
Thursday, 23 Apr 2020

Nice to herar this great news, Not only Arnab Gobarswami and his channel also ABP News, Zee News and India News all spreding Cammunal hatreds all these channels should be terminated forever. 

Mohammed SS
 - 
Thursday, 23 Apr 2020

Well done, I am very happy to herar this news, I beg not only criminal cases even his channel should be closed forever he is very big b***terd, he is always condem the penelists with harsh words while on the debates all are taking him lightly it looks very bad to the viewers  

Ahmed Ali Kulai
 - 
Thursday, 23 Apr 2020

This bugger should be put behind the bar as what Maharastra Govt has done for ABP News reporter. 

 

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News Network
February 21,2020

Chikkamagaluru, Feb 21: Alleged Bharatiya Janata Party supporters threw stones at Amulya Leona’s father’s house at Gullagadde near Koppa on Thursday night, after she was charged for making objectionable remarks at a public programme in Bengaluru.

Amulya Leona’s father Wazi said that the incident, which left window panes and doors damaged, took place at around 7.30 p.m. “They are all BJP supporters. They were in a group. I have complained to the police with the names of a few who led the group,” he said.

Three policemen have been deployed at his house since Thursday night.

Amulya Leona, a B.A. student, was charged with sedition after she raised pro-Pakistan slogans at a protest against the Citizenship (Amendment) Act in Bengaluru.

Mr. Wazi, who owns a two-acre areca plantation and runs a poultry farm, said he condemned the statement made by his daughter and he would not make any attempts to get her bail. “Let the law take its course. I cannot approve of her statement,” he said.

He said he had cautioned his daughter against getting involved in protests. “I told her to complete studies first and later she could fight for poor people. But what she said yesterday is not acceptable. I don’t know what made her so. I hope a probe would bring out who prompted her to make such statements,” he said.

Mr. Wazi said he has been politically active for several years, and had earlier worked for former education minister H.G. Govinde Gowda. He then shifted to the BJP and worked in support of D.N. Jeevaraj, who represented Sringeri constituency last time, and current Udupi-Chickmagaluru MP Shobha Karandlaje. “I have worked for the BJP in the past. As Govinde Gowda’s son contested on JD(S) ticket for Sringeri seat, I supported him”, he said.

Meanwhile, a video clip that went viral on Thursday night showed a group of Bajrang Dal activists compelling Mr. Wazi to shout ‘Bharat Mata ki Jai’. “I have no hesitation in raising ‘Bharat Mata Ki Jai’ slogans,” said Mr. Wazi, adding that his statement was taken forcibly. “I am a patriot. Many writers, activists and politicians have come to my place over the years,” he said.

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