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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Agencies
January 19,2020

Bengaluru, Jan 19: Technology hub Hyderabad has edged out 129 other cities in the world to emerge as the world's most dynamic city, according to the seventh edition of the City Momentum Index by global real estate services firm JLL.

The city has pushed Bengaluru to second place to regain the top position after a gap of one year. Chennai is at fifth and Delhi is at sixth place.

While Hyderabad and Bengaluru are the top two cities globally for socio-economic momentum, a more active real estate market helped elevate Hyderabad to first position in the overall ranking, says the report released by the US-based Jones Lang Lasalle (JLL) on Saturday night.

Hyderabad recorded the highest office net absorption in 2019 (as a proportion of existing stock) of any city globally, while it is also among the world's best-performing cities for prime office rental growth.

While all seven major Indian cities feature in this year's Global Top 20, cities in south India in particular - Hyderabad, Bengaluru and Chennai (5th) "are ahead of their northern peers, supported by favourable demographics and business climates".

"Their expanding tech industries and start-up cultures make them a magnet for young and ambitious talent from across the country, with Bengaluru having one of the world's largest concentrations of 'engine room' population (20-40-year-olds), typically the most dynamic and productive age cohort," says the report.

Kolkata and Mumbai made it to the top 20 and stood at the 16th and 20th positions. Despite an economic slowdown, India leads the 2020 Index with seven Indian cities in the top 20.

"Commercial real estate in south Indian cities is growing at a rapid pace. Hyderabad has seen tremendous growth in 2019 in line with that of Bengaluru. The city has actively embraced technology-driven economic growth and attracted large tech giants and e-commerce players. The state government's focus on business-friendly policies and provision of high-quality infrastructure along with availability of quality talent pool and superior quality business parks has given Hyderabad a competitive edge," said Ramesh Nair, CEO and Country Head - India, JLL.

Telangana's Minister for Information Technology and Industry K T Rama Rao said he was thrilled over Hyderabad not only regaining the top slot but also over the fact that it was competing with cities like Shenzhen and Shanghai in innovation economy.

The minister said 50 percent weightage from socio-economic indicators beside the remaining 50 percent from commercial and real estate was also heartening.

KTR, as the minister is popularly known, noted that in 2014 when Telangana attained statehood, Hyderabad was not even in the list. He recalled that when Telangana was formed there were many doubts as to what would happen to Hyderabad. "It entered the top 20 in 2015 and rose to fifth place in 2016 and third position in 2017. Hyderabad topped the list in 2018 and finished second the last year. This year it is back at the top," he said.

The JLL City Momentum Index identifies a number of key growth drivers, including talent attraction, the expansion of innovation hubs and better urban planning, that cities can employ to meet the challenges faced by rapid momentum.

Several cities in the top 20 stand out as they transform their urban environments in pursuit of a low-carbon future. In India, Hyderabad is looking at technology to reduce the demand for air conditioning with cool roofs that reflect sunlight and absorb less heat, it said.

"The growth of "micro-mobility" is another positive step, illustrated by Hyderabad's introduction of smart bikes and electric cars. Smart city solutions, such as bike rentals, improved quality of life, help increase inclusion and aid in the transition to a low carbon environment."

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News Network
April 29,2020

Lucknow, Apr 29: Tablighi Jamaat members, who got cured of COVID-19, have been asked by their organisation to donate their plasma for treatment of other coronavirus-infected patients, a move that the outfit thinks will help it shed its “villain” tag.

"Maulana Saad, in an open letter on April 21 to all Jamaatis who have recovered from the coronavirus (infection), has appealed them to donate their plasma to help others. The message has reached all the members," Maulana Anees Ahmad Nadvi, the manager of Tablighi Jamaat’s Lucknow branch, told PTI PTI on Wednesday.

"As per the Health Department data, over 50 per cent of corona patients are Jamaatis. Among them those who have recovered are being contacted and all of them are ready to donate their plasma," claimed Nadvi.

"We have till now contacted 400 Jamaatis. In the entire country, those who have recovered are also giving their plasma. Markaz has given instructions that no one should be left from donating plasma," he said. "Jamaatis are not doing any favour to anyone by giving their plasma.

This is a humanitarian step. This is true that Jamaatis are being presented as villains after coronavirus spread, but Maulana Saad has asked us to forgive those doing this," he said. Tablighi Jamaat leader Maulana Saad Kandhalvi is on the run after an FIR was registered against him by the Delhi police for organising a religious gathering in March this year despite restrictions to combat the coronavirus spread.

With some plasma therapy trial results rekindling hopes of it being a likely cure for COVID-19, the Uttar Pradesh government too had begun contracting patients cured of it for plasma donation, but the move was suspended after the Union Health Ministry on Tuesday said the therapy was only at an experimental stage and there was no evidence yet to support that it can be used as treatment for COVID-19.

Uttar Pradesh Surveillance Officer, Dr Vikasendu Agarwal, said all those who have recovered from coronavirus, including Jamaatis, were being contacted for plasma donation, but the move has been suspended after the Centre’s statement on the issue.

Refusing to divulge the number of cured Jamaatis, he said "We were contacting them. They are not different from us. We were contacting all our patients and asking them that they could donate if they find it appropriate, as it would help other patients." "All of those contacted by us are ready for giving plasma," he said.

Chief Medical Officer, Lucknow, Dr Narendra Agarwal said all 28 Jamaatis, who were admitted in KGMU were contacted to donate their plasma and all of them agreed. "A proposal in this regard has been sent to the government.

After approval, their plasma will be taken," he said. With the plasma therapy gaining a lot of traction as a possible cure for coronavirus, the Union Health Ministry on Tuesday clarified that it is at an experimental stage and there is no evidence yet to support that it can be used as treatment for COVID-19. Till the effectiveness of this mode of treatment is scientifically proven, its application except for research and clinical trial is illegal, Joint Secretary in the Ministry of Health Lav Agarwal said.

Dr Vikasendu said after the Centre's clarification contacting people for plasma donation has been put on hold. A further step will be taken on decision of KGMU which is working on plasma therapy here, he added.

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Agencies
January 24,2020

Indore, Jan 24: Bharatiya Janata Party (BJP) leader Kailash Vijayvargiya on Thursday said that he suspected that there were some Bangladeshis among construction labourers who worked at his house recently.

Their “strange” eating habits aroused suspicion about their nationality, the BJP general secretary said at a seminar in support of the Citizenship Amendment Act (CAA) here.

When a new room was being added at his house recently, he found “eating habits” of some of the workers “strange” as “they were eating only `poha’ (flattened rice)”, he said.

After talking to their supervisor and the building contractor, he suspected that these workers were from Bangladesh, the BJP leader said.

When reporters questioned him later, Vijayvargiya said, “I suspected these workers were residents of Bangladesh. Two days after I became suspicious, they stopped working at my house. I have not filed any police complaint yet. I only mentioned this incident to warn people,” he said.

Speaking at the seminar, Vijayvargiya also claimed that a Bangladeshi terrorist was keeping a watch on him for the last one and a half years.

“Whenever I go out, six armed security personnel follow me. What is happening in this country? Will outside people enter and spread so much terror?” he asked.

“Don’t get confused by rumours. The CAA is in the interest of the country. This law will provide asylum to genuine refugees and identify intruders who are a threat to the country’s internal security,” he added.

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Well Wisher
 - 
Sunday, 26 Jan 2020

Koopa Mandooka. illeterates. Do not bother about them.

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