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 29,2020

New Delhi, May 29: Opining that there is no harm in importing ideas from abroad Swadeshi Jagran Manch, an affiliate of Rashtriya Swayamsevak Sangh, has suggested that India should take a cue from Pakistan and turn the “locust threat” into “chicken feed.

In an interview, Ashwani Mahajan, national co-convener of Swadeshi Jagran Manch (SJM) said: “I saw an article which shows that Pakistan has turned the locust threat into an opportunity by converting it into chicken feed”

“If there is a good idea originating from anywhere, we should be open to exploring such ideas. We should adopt good ideas. There is no harm in that,” he added.

He also shared the article on Twitter and wrote: “Pakistan turns locust threat into chicken feed. Need to understand the idea and replicate it in India.”

The article stated “an innovative pilot project in Pakistan’s Okara district offers a sustainable solution in which farmers earn money by trapping locusts that are turned into high-protein chicken feed by animal feed mills”.

“It was the brainchild of Muhammad Khurshid, a civil servant in the Ministry of National Food Security and Research, and Johar Ali, a bio-technologist from the Pakistan Agricultural Research Council,” according to the article.

Both Pakistan and India have been hit by locust attacks. These are desert locusts, which is one of the 12 species of short-horned grasshoppers. Swarms can comprise billions and travel up to 130 km in a day.

India has been battling the locust attacks with moderate success since December. However, the onset of monsoon could bring more trouble.

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coastaldigest.com web desk
July 4,2020

Bengaluru, Jul 4: In a heart-wrenching incident, a 65-year-old coronavirus patient at Hanumath Nagar in South Bengaluru died outside his house waiting for an ambulance on Friday evening. The body was kept on the road for more three hours.

The deceased tested positive for coronavirus on Friday and immediately called an ambulance to reach a hospital. However, according to his family members, as he waited for the ambulance for nearly three hours, he collapsed on the road in front of his house complaining of breathlessness and died.

As the body lay unattended on the road, it began to rain heavily. Soon, videos of the body lying on the road in the heavy rain went viral on social media. 

A senior doctor in charge of the division, however, claimed that the ambulance had arrived in less than half an hour but the patient had died before they reached the spot. 

"The patient had given samples on Thursday at KIMS and tested positive on Friday. BBMP officials informed them that they would reach his house. But the man, fearing that he may be stigmatised in the locality, began walking to the corner of the road and collapsed on the street and died," the officer said. 

Another health official from Basavanagudi limits said: "As the ambulance staff do not transport the dead, they informed the hearse van, which was set to arrive in 30 minutes. But due to the sudden rain and heavy traffic ahead of the curfew hours, they were stranded for almost three hours later." The officials also said the deceased had been suffering from cardiac ailments for almost 10 years. 

Regretting the incident, BBMP officials said they were helpless as was an acute shortage of hearse vans. "We were told that there were 20 deaths today and there are only eight hearse vans available. They had to shift this patient after attending to another mortality and were stuck in traffic. By then, due to the fear of infection, nobody attended to the deceased," the officer explained. 

BBMP commissioner B H Anil Kumar said that such incidents should not recur and ordered an investigation and sought a report. "We will ensure that such incidents do not recur," Kumar said.  

Following outrage on social media, a hearse van was summoned and the body was shifted to the Victoria Hospital mortuary as per the protocol. Police have opened a case of unnatural death.

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coastaldigest.com news network
July 8,2020

Dubai, Jul 8: The Directorate General of Civil Aviation (DGCA) has revoked landing permits issued to UAE-based private jets flying Indian expats who are willing to fly back to UAE. With this the operation of private jets from India to the UAE has stopped.

The development comes days after DGCA stopped UAE airlines from chartering repatriation flights to India. 

The DGCA’s decision has come as a huge disappointment for desperate expats who are trying every means possible to return to the UAE, and were shelling out up to Dh15,000 per ticket.
 
All charter flights were operating with the appropriate permissions and clearances for the specific mission, route and destination, said the charterers.

DC Aviation Al-Futtaim, the only integrated VIP handling and hangar facility in DWC, said in an official statement: "As a result of the DGCA suspension of flights into India, our Challenger 604 aircraft which was scheduled to land in Dubai today has been affected."

Afi Ahmed, managing director of Smart Travels, said he has received news from official sources that all approvals for operation of private jets have been barred until July 10.

"Even the flights that had been given approvals stand cancelled. Some flights organised on July 9 have also been grounded," said Ahmed, who was also stranded in Kochi, Kerala, till July 4 but returned home in the UAE on-board Global 6,000, the largest business jet, organised by a Dubai-based aviation company.

Ganesh Rayapudi, a UAE-based businessman who has been trying to organise flights from India to UAE, said: "The government has kept on hold all charters. At least 52 passengers were desperately waiting to come back from Hyderabad on these flights and were willing to collectively cough up Dh400,000."

He added: "I agree that it is unfair to those who cannot afford these prices. However, UAE residents have commitments here; they were tired of waiting and willing to go any lengths, including taking the expensive route."

On July 3, India's DGCA announced via an official circular that scheduled international flights will remain suspended till month-end and only those on a case-to-case basis will be allowed to operate. These flights were suspended on March 22 due to the ongoing pandemic.

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