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 11,2020

Bengaluru, Jul 11: Amidst the mounting number of covid-19 cases, Karnataka is witnessing another disturbing trend of increasing number of people ending their life. After the lockdown was relaxed, the state saw a worrying jump in the number of suicides.

According to statistics, as many as 2,211 suicide cases have been registered in just two months. The number of suicides rose by 23% in May to 1,127, and by another 18% in June to 1,084, from an average of 912 suicides in the first three months of the year. 

In April, however, the number nearly halved to 477. But April was also the month during which the lockdown (announced on March 24) was complete, and everyone was at home -- which, experts say, could have prevented people with suicidal tendencies from taking their own lives.

Shockingly, number of teenagers including school children committing suicide also increased in the state in past couple of months.

With the pandemic still accelerating and impacting people in multiple ways, the World Health Organisation has urged people to pay greater attention to mental health and suicide prevention. 

Dr Poonam Khetrapal Singh, Regional Director, World Health Organisation (WHO), South-East Asia Region, said stigma related to Covid-19 infection may lead to feelings of isolation and depression. Another precipitating factor impacting mental health amidst Covid-19 could be domestic violence, which is reported to have increased globally as several countries imposed lockdowns, she said.

“Hitting lives and livelihoods, the pandemic is causing fear, anxiety, depression and stress among people. Social distancing, isolation and coping with perpetually evolving and changing information about the virus has both triggered and aggravated existing and pre-existing mental health conditions, which need urgent attention,” she said.

Dr H Chandrashekar, professor and head of the department of psychiatry at Victoria Hospital, said reasons for suicide are always multi-factored, combined, cumulative, unresolving and interrelated.

“There is grief everywhere now due to deaths related to Covid-19, and it may have an adverse effect on some. But people should be watchful of their family members, especially those who are in depression and have a history of suicide attempts. One should never ignore signs, like when someone says they feel like ending their life. They should not be left alone, and unconditional support needs to be given. Also, objects that could be used to commit suicide must be kept away from them,” Dr Chandrashekar said.

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News Network
April 26,2020

Bengaluru, Apr 26: Two businessmen brothers, Tajammul Pasha and Muzammil Pasha, in Karnataka's Kolar district have set out to help people in need amid the lockdown over the COVID-19 pandemic by selling their land for Rs 25 lakh.

On seeing daily wage labourers and their families in Kolar suffer during the lockdown, the brothers said they decided to sell their land and use the money to buy essentials and food grain for a large number of poor people.

The brothers also bought oil and cereals with the money. Then they set up a tent next to their house and started a community kitchen to make food for labourers and homeless people.

"Our parents died early. When we shifted to our maternal grandmother's place at  Kolar, people from communities, Hindus, Sikhs, Muslims helped us survive without any religious bias," said Tajammul Pasha, visibly emotional.

The Pasha brothers are into banana cultivation and real estate. Tajammul was five and his sibling Muzammil was three when they lost their parents. They had to move from Chickbalapor to Kollar, where their grandmother lived.

"We were brought up in poverty. We survived because of the support of people of all communities and religions. We have signed the society agreement bond and handed it over to our friend who purchased our site and gave the money," the brothers said.

Once the lockdown ends and the land registrar's office opens, the remaining steps to transfer the land will be completed, they said.

So far the two brothers have supplied food grain, oil, sugar and other essentials to over 3,000 families. They have also given hand sanitizers and masks to the poor.

The Kolar administration has issued passes to their volunteers so that they can help in this difficult time.

The number of coronavirus cases in India has increased to 24,506, including 775 deaths, the Home Ministry said today, adding that 1,429 cases and 57 deaths were reported in the last 24 hours.

Amid a countrywide lockdown to check the spread of the highly contagious illness, which began on March 25, the government last night issued an order to allow neighbourhood shops to remain open with conditions; malls across India continue to remain shut.

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coastaldigest.com news network
June 14,2020

Mangaluru, Jun 14: A 26-year-old man, who had recently returned to Mangaluru from Maharashtra, succumbed to coronavirus today. With this number of covid-19 deaths in the coastal district of Dakshina Kannada rose to eight.

After returning from Mumbai, he had undergone institutional quarantine on May 28 and 29. Later, he was under home quarantine as he was suffering from kidney related ailment. He completed his home quarantine on June 10.

On June 12, the youth was admitted to the private hospital in the city due to kidney related ailment. He did not respond to treatment and died.

His throat swab sample was tested after which it was confirmed that he was having coronavirus infection also.

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