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 news network
July 27,2020

Bengaluru, Jul 27: Karnataka Chief Minister B.S. Yediyurappa, on completion of one year of his government, today said coronavirus hampered his development plans for the state.

He said the state will not see a lockdown again "at any cost".

"Due to coronavirus we couldn't meet people's expectations but now we'll not have lockdown in Karnataka at any cost. In future we're going to fulfill whatever I announced in Budget. If necessary we'll take loans and complete all development work," said Yediyurappa.

"Covid has hampered development plans of Karnataka, lot more needs to be done, i'm committed to providing an able, stable government," he said.

Arrangements were made for virtual celebrations to mark the one-year anniversary of Yediyurappa government at Banquet Hall in Vidhana Soudha in Bengaluru. Social distancing was maintained at the event.

A record 5,199 new COVID-19 cases and 82 deaths were reported from Karnataka on Sunday, the state's health department said.

With this, the total number of coronavirus cases in the state stands at 96,141, including 58,417 active cases and 35,838 recoveries.

So far, 1,878 deaths have been reported from Karnataka. Karnataka is the only state to have over 50,000 active cases with overall tally below 1 lakh.

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coastaldigest.com news network
July 18,2020

Mangaluru, Jul 18: Days after Air India operated a flight from Qatar to Mangaluru,  the Karnataka Cultural Foundation (KCF) chartered a flight from Doha to this coastal city to repatriate the stranded NRIs. The flight landed at Mangaluru International Airport on July 16.

This KCF operated flight left the Hamad International Airport Doha at 9:35 am and reached Mangaluru international Airport at 16:10 pm on Thursday. 

The flight had over 174 NRIs, included pregnant women, patients in need of urgent medical treatment, senior citizens, and those who were stuck with expired visit visa and job loss. With the timely intervention Dr Arathi Krishna has helped a patient to make his approval from embassy, who had to leave for medical treatment on emergency basis.

Starting from the registration of travellers, KCF has provided all with the necessary documental, health-related information and each of them have been met by KCF representatives along with snacks and PPE kit to be worn during the journey as a precaution against the spread of the pandemic. 

Organization workers were constantly in touch with each of its passengers, supporting them for their safety and serve them during journey and stay at the hotels and this will continue until the quarantine is completed.

KCF, the proud organization of Kannadigas has been working in the public sphere, and this initiative of charter flight and their dedication on this have been praised by travellers.

On their successful charter, KCF thanks Dr Arathi Krishna, former vice-chairman of Karnataka State NRI Forum for her extensive support on acquiring relevant documental clearances. Sindhu B Rupesh, the deputy commissioner of Mangaluru, Dr Yathish Ullal, assistant commissioner of Mangaluru, Meena Nagaraj, the nodal officer, Bengaluru, are also praised for their timely approvals and permissions for this charter.

The untiring efforts, hard works by the workers and leaders of SSF, SYS and Karnataka Muslim Jama-ath have been appreciated and background supports by Moulana Shafi Sa-adi, the member of Karnataka state Waqf Board is also remembered by KCF Qatar.

The members of KCF Qatar have been tirelessly working behind this grand success, the chairman Abdul Raheem Saadi and general convener Muneer Magundi have thanked all its members, including Embassy officials and Indigo Airlines for all cooperation.

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Shamshuddin Mohammed
 - 
Sunday, 19 Jul 2020

Mask use for covid19 they use as tie

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News Network
February 28,2020

Bengaluru, Feb 28: Historian S. Shettar, 85, breathed his last early on February 28 in Bengaluru. He was suffering from respiratory problems and was hospitalised for over a week.

Shettar was known for his multi-disciplinary work, encompassing linguistics, epigraphy, anthropology, the study of religions and art history. He had extensively worked on the Jain practice of ritual death in Karnataka and Asoka edicts. He had studied and compiled early edicts in Kannada and worked extensively on the growth of Kannada language down the ages.

Born in 1935 at Hampasagara, Ballari district, he went on to study at Cambridge University and started his career as a Professor of History at Karnatak University, Dharwad, his alma mater. He later headed the National Museum Institute of the History of Art, Conservation and Museology in 1978 and Indian Council for Historical Research in 1996. He was also a visiting professor at the National Institute of Advanced Studies, Bengaluru.

He was a bilingual historian who wrote in English for most of his career, but started writing in Kannada in later years. In the last two decades, he developed a keen interest in linguistics and wrote multiple books on classical Kannada and Prakrit. His 2007 book “Shangam Tamilagam” is considered a seminal work in the study of the early period of Dravidian languages. It won him Bhasha Samman from Central Sahitya Akademi. He later wrote two works on Halegannada, classical Kannada. His most recent work was “Prakrita Jagadvalaya” in 2018.

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