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
February 21,2020

Bengaluru, Feb 21: The Supreme Court in its interim order on Thursday allowed the plea of the Karnataka government for implementation of the final award by a tribunal for sharing of water between Goa, Karnataka and Maharashtra from the Mahadayi river.

The interim order was passed by a bench comprising Justice D Y Chandrachud and Justice Hemant Gupta after hearing the counsel from the three states. The bench said the final hearing in the matter will take place in July.

It also said the interim order is subject to the final outcome of the petitions filed by the three states against the tribunal's award.

The Mahadayi Water Dispute tribunal had passed the order on August 14, 2018, allocating 13.42 TMC ( Thousand Million Cubic Feet.) water (including 3.9 TMC for diversion into the depleted Malaprabha river basin) from the Mahadayi river basin to Karnataka.

Maharashtra was allotted 1.33 TMC water while Goa was given 24 TMC in the final decision of the tribunal. The UPA-2 government had constituted Mahadayi Water Disputes Tribunal in 2010.

Karnataka government, which has locked horns with the neighbouring Goa on the larger issue of sharing Mahadayi River water between both the states, had petitioned the tribunal seeking the release of 7.56 tmcft of water for the Kalasa-Banduri Nala project.

The Kalasa-Banduri Nala (diversion) project, which will utilise 7.56 tmcft of water from the inter-state Mahadayi river, is being undertaken by Karnataka to improve drinking water supply to the twin cities of Hubballi-Dharwad and the districts of Belagavi and Gadag.

It involves building barrages across Kalasa and Banduri, the tributaries of the Mahadayi River, to divert 7.56 tmc water to the Malaprabha river which fulfils the drinking water needs of the twin cities.

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News Network
January 24,2020

Bengaluru, Jan 24: Karnataka Chief Minister BS Yediyurappa on Friday said the much-delayed Cabinet expansion will take place in the next three days.

At the Kempegowda International Airport, after his arrival from Davos, he informed that he would discuss the matter with Union Home Minister Amit Shah to take a final decision on the distribution of important portfolios.

Deputy CM Ashwanath Narayna, Home Minister Basavaraj Bommai and others received the Chief Minister at the airport. The issue of Cabinet expansion was kept in abeyance, ever since the spectacular victory of 12 Assembly seats for BJP, for which the by-elections were held recently. The bypolls were necessitated, following the resignation of about 17 sitting Congress and JD (S) MLAs, which resulted in the collapse of the JDS-Congress coalition government in the state.

BJP had reportedly lured the Congress and JD (S) MLAs into their camp, after promising them to give party ticket to contest the elections, as well as ministerial berths. The Chief Minister had kept as many as 16 Cabinet berths, along with plum portfolios, vacant, after forming the BJP government, with the support of the deserted Congress and JD (S) MLAs, in July last. However, the issue of Cabinet expansion had postponed on one reason or the other, as Yediyurappa was struggling to keep the promise he had made to the former Congress and the JDS MLAs, on whose sacrifice the BJP came back to power.

With the strong demand for ministerial berths within the loyal BJP MLAs, the BJP high command had reportedly advised Yediyurappa to accommodate only a few of the turncoat MLAs and strike balance between the groups.

However, Yediyurappa, who had assured the Congress and JD (S) MLAs of giving them Cabinet berths, had been in dilemma ever since and found it tough to convince the party's Central leaders.

According to party sources, the Chief Minister is not only facing problems over the expansion of his Cabinet, but is also worried over the demand for creation of more number of Deputy Chief Ministers, adding to the present list of three.

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News Network
June 3,2020

Mangaluru, Jun 3: Mangaluru MLA and former minister U T Khader has urged the state government and Dakshina Kannada district administration to take steps to facilitate the return of Indians stranded in foreign countries amid covid lockdown.

A delegation comprising Mr Khader, DCC President K Harish Kumar, and MLC Ivan D’Souza met District In-charge Minister Kota Srinivas Poojary and submitted a memorandum on Tuesday.

“Kannadigas who are working outside the state are in distress due to the lockdown. More than 50,000 people had uploaded applications on Seva Sindhu portal seeking permission to return to their villagers and are waiting for permission. With the authorities failing to take any decision, they are worried,” said the delegation.

The government should initiate measures to get them back and quarantine them, urged the delegation.

Mr Khader said, “Many workers stranded in foreign countries are eager to return home. The district administration should make arrangements to quarantine those returning from foreign countries and other states.

There are thousands of migrant labourers from Gujarat, Uttar Pradesh, Jharkhand and Bihar stranded in DK. They are waiting to return to their families. The state government should facilitate their return journey, the delegation urged.

MLC Ivan D’Souza said, “Assistance should be provided to private bus staff, beedi workers, tailors, garage labourers and street vendors who are in distress. The price of Covid-19 tests in private laboratories should be reduced.”

The delegation informed that after Wenlock Hospital was converted into the designated COVID-19 hospital, poor patients are facing many inconveniences. A portion of the hospital should be earmarked for treating other patients, they said.

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