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

Thiruvanthapuram, Feb 21: Rape-accused Bishop Franco Mulakkal has been accused of sexual abuse by another nun. Police sources say that there is at least one more nun who has given a statement of sexual assault against the bishop.

This nun is a witness in the rape case registered against Franco Mulakkal. She is the 14th witness in the case and in her statement, she said that the bishop made sexually-colored and lewd remarks to her over the phone.

As per the nun, they were in communication via phone calls, chat and video calls for a period of two years from 2015 to 2017.

In the statement, the nun said that she kept quiet as she was scared of the bishop.

In her witness statement in September 2018, she said that in 2017, the bishop visited the convent she was in and hugged and kissed her.

Police say that the witness was not ready to file a complaint against the bishop. They had alerted the police in the jurisdiction and when the team met her, she refused to file a complaint. Hence a separate case wasn't registered against Bishop Franco

The first nun of Missionaries of Jesus had accused Franco of raping her multiple times at the Kuruvilangadu convent in Kottayam. The FIR in the case was registered in June 2018.

Then after protests, Franco was arrested on September 21, 2018.

The chargesheet in the case was submitted in April 2019. In the chargesheet, Bishop Franco Mullackal has been charged under various sections of the IPC: 342 (wrongful confinement), 376 (2k) (rape on a woman incapable of giving consent), 376 (2n) (causing grievous bodily harm during rape), 376 (c) (a) 377 (unnatural offence) and 506 (1) (criminal intimidation).

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News Network
July 21,2020

Bengaluru,  Jul 21: The salaries of doctors under the National Health Mission (NHM) has been hiked to Rs 45,000 in Karnataka, according to Medical Education Minister Dr K Sudhakar.

Addressing the media on Monday, Dr Sudhakar said that the state government will bear the cost of the hike in salaries of the doctors and added that ASHA workers too will get a hike in their pay soon.

Regarding the COVID-19 management in the state, he further said that testing will be increased in the containment zones.

During a meeting chaired by Chief Minister BS Yediyurappa, the Education Minister said that it had been decided that booth level committees will conduct door to door survey for early detection of influenza-like illness (ILI) and severe acute respiratory infections (SARI), and vulnerable persons.

He also implored private hospitals to admit and treat COVID-19 patients and asked them to not be hesitant in admitting pregnant women.

Karnataka on Monday reported 3,648 COVID-19 cases taking the tally to 67,420, informed the state health department.

According to a bulletin issued by the department, the state recorded 72 more deaths due to COVID-19 with the toll at 1,403 while six patients who tested positive for the infection have died due to non-COVID causes, as of Monday. There are 42,216 active cases in the state.

Comments

Prakash Salins
 - 
Tuesday, 21 Jul 2020

What about the nurses???

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Ram Puniyani
January 9,2020

‘Go to Pakistan’ has probably been most often used phrase used against Muslims in India. Recently in yet another such incident the SP of Meerut, UP has been in the news and a video is circulating where he, Akhilesh Narayan Singh, is allegedly using the jibe ‘Go to Pakistan’. In the video he is seen shouting at protestors at Lisari Gate area in Meerut, “The ones (protestors) wearing those black or yellow armbands, tell them to go to Pakistan”. His seniors stood by him calling it ‘natural reaction to shouting of pro Pakistan slogans. Many BJP leaders like Uma Bhararti also defended the officer. Breaking ranks with fellow politicians, Mukhtar Abbas Naqvi of BJP, criticised the said officer and asked for suitable action against him. Interestingly this is same Naqvi, who earlier when the beef related arguments were going on; had stated that those who want to eat beef can go to Pakistan.

Interestingly this is probably the first time that any BJP leader has opposed the use of this jibe against the Indian Muslims. True to the dominance of trolls who support divisive politics, Naqvi has been trolled on the issue. As such vibe ‘Go to Pakistan’ has been a strong tool in the hands of aggressive elements to demonise Muslims in general and to humiliate those with Muslim names. One recalls that when due to the rising intolerance in the society many eminent writers, film makers were returning their awards, Aamir Khan said that his wife Kiran Rao is worried about their son. Immediately BJP worthies like Giriraj Singh pounced on him that he can go to Pakistan.

The strategy of BJP combine has been on one hand to use this ‘go to Pakistan’ to humiliate Muslims on the other from last few years another Pakistan dimension has been added. Those who are critical of the policies of BJP-RSS have on one hand been called as anti National and on the other it is being said that ‘they are speaking the language of Pakistan’.

Use of Pakistan to label the Muslims and dissidents here in India has been a very shrewd tool in the hands of communal forces. One remembers that the ‘cricket nationalism’ was also the one to use it. In case of India-Pakistan cricket match, the national hysteria, which it created, was also aiming at Indian Muslims. What was propagated was that Indian Muslims cheer for Pakistan victory and they root for Pakistan. There was an unfortunate grain of truth in this as a section of disgruntled, alienated Muslim did that. That was not the total picture, as most Indian Muslims were cheering for Indian victory. Many a Muslim cricketers contributed massively to Indian cricket victories. The cricket legends like Nawab Mansoor Ali Khan Pataudi, Irfan Pathan, and Mohammad Azaruddin are just the few among the long list of those who brought glories for India in the field of cricket.

Even in matters of defence there are legions of Muslims who contributed to Indian efforts in the war against Pakistan all through. Abdul Hamid’s role in 1965 India Pak war and the role of Muslim soldiers in Kargil war will be part of Indian military history. There have been generals in army who contributed in many ways for the role which military has been playing in service of the nation. General Zamiruddin Shah, when asked to handle Gujarat carnage, does recount how despite the lack of support from local administration for some time, eventually the military was able to quell the violence in some ways.

During freedom movement Muslims were as much part of the struggle against British rule as any other community. While the perception has been created that Muslims were demanding Pakistan, the truth is somewhere else. It was only the elite section of Muslims who supported the politics of Muslim League and later the same Muslim League could mobilize some other section and unleash the violence like ‘Direct Action’ in Kolkata, which in a way precipitated the actual process of partition, which was the goal of British and aim of Muslim League apart from this being the outcome of ‘Two Nation theory’.

Not much is popularized about the role of great number of Muslims who were part of National movement, who steadfastly opposed the idea and politics which led to the sad partition of the subcontinent. Few excellent accounts of the role of Muslims in freedom movement like Syed Nasir Ahmad, Ubaidur Rahman, Satish Ganjoo and Shamsul Islam are few of these not too well know books which give the outline of the great Muslim freedom fighters like Khan Abdul Gaffar Khan, Maulana Abul Kalam Azad, Ansari Brothers, Ashfaqulla Khan.

Immediately after partition tragedy the communal propaganda did the overdrive to blame the whole partition process on Muslim separatism, this totally undermined the fact that how poor Muslims had taken out massive marches to oppose the Lahore Resolution of separate Pakistan moved by Mohammad Ali Jinnah. The whole Muslim community started being seen as the homogenous, ‘The other’ and other misconceptions started against the community, the one’s relating them to atrocities of Muslim kings started being made as the part of popular folklore, leading the Hate against them. This Hate in turn laid the foundation of violence and eventual ghettoisation of this community.

The interactive-syncretism prevalent in India well presented by Gandhi-Nehru was pushed to the margins as those believing in pluralism did not actively engage with the issue. The economic marginalization of this community, coupled with the increasing insecurity in turn led to some of them to identify with Pakistan, and this small section was again presented as the representative of the whole Muslim community.

Today the battle of perception is heavily tilted against the Muslim community. It is a bit of a surprise as Naqvi is differing from his other fellow colleagues to say that the action should be taken against the erring police officer. The hope is that all round efforts are stepped up to combat the perception constructed against this religious minority in India. 

Comments

Prakash SS
 - 
Thursday, 9 Jan 2020

it is very much understandable if Pakistan is bad country our PM Namo would never visited without any invitation, that time Pakistan was good he prised their Mutton biriyani and Karak chai in pakistan. we feel something is wrong with our PM and his chelas. 

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