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
April 15,2020

San Diego, Apr 15: Several people lost their sense of smell or taste weeks ago globally and are still waiting for it to come back and now, researchers have identified an association between sensory loss and novel coronavirus 2019 (COVID-19) infection, indicating that loss of smell and taste may be considered as early symptoms of the deadly disease.

Interestingly, the study also found that persons who reported experiencing a sore throat more often tested negative for COVID-19.

The team from University of California-San Diego found high prevalence and unique presentation of certain sensory impairments in patients positive with COVID-19.

Of those who reported a loss of smell and taste, the loss was typically profound, not mild.

"Based on our study, if you have smell and taste loss, you are more than 10 times more likely to have COVID-19 infection than other causes of infection. The most common first sign of a COVID-19 infection remains fever, but fatigue and loss of smell and taste follow as other very common initial symptoms," explained study researcher Carol Yan from UC San Diego.

"We know COVID-19 is an extremely contagious virus. This study supports the need to be aware of smell and taste loss as early signs of COVID-19," Yan added.

For the findings, published in the journal International Forum of Allergy and Rhinology, the research team surveyed 1,480 patients with flu-like symptoms and concerns regarding potential COVID-19 infection who underwent testing at UC San Diego Health from March 3 through March 29, 2020.

Within that total, 102 patients tested positive for the virus and 1,378 tested negatives. The study included responses from 59 COVID-19-positive patients and 203 COVID-19-negative patients.

Encouragingly, the rate of recovery of smell and taste was high and occurred usually within two to four weeks of infection.

"Our study not only showed that the high incidence of smell and taste is specific to COVID-19 infection but we fortunately also found that for the majority of people sensory recovery was generally rapid," said Yan.

"Among the COVID-19 patients with smell loss, more than 70 per cent had reported improvement of smell at the time of the survey and of those who hadn't reported improvement, many had only been diagnosed recently," she added.

Sensory return typically matched the timing of disease recovery.

In an effort to decrease the risk of virus transmission, UC San Diego Health now includes loss of smell and taste as a screening requirement for visitors and staff, as well as a marker for testing patients who may be positive for the virus.

"It is our hope that with these findings other institutions will follow suit and not only list smell and taste loss as a symptom of COVID-19, but use it as a screening measure for the virus across the world," Yan said.

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News Network
March 4,2020

Bengaluru, Mar 4: With the number of Coronavirus positive cases in India increasing, health department officials in Karnataka are working round the clock to keep citizens safe.

But citizens are already panicking with 97 people in Bengaluru rushing to the government-run Rajiv Gandhi Institute for Chest Diseases (RGICD) on Tuesday with symptoms matching the coronavirus.

Karnataka Chief Minister BS Yediyurappa has now appealed for calm saying there is no coronavirus in the state.

"There is a difference in what appears in the media and what is on the ground. No need to panic. PM Modi is also looking into this. My health minister addressed the media and no one needs to panic. We are ready to tackle the situation," he added.

Dr. Nagaraj, director of RGICD, said the screening process began at the hospital on January 22 and they would see some 15-20 patients and take 5-6 swabs.

"Because of apprehensions, we saw 978 patients and took 27 swabs. We have also admitted 4 patients in the isolation ward," he added.

As of today, there are 5 patients admitted in the isolation ward of RGICD. Two came in close contact with the infected techie in Telengana and three foreign nationals from Japan, Saudi Arabia, and Iran.

Tech parks on high alert

At the Manyata Tech Park in the city, a company sent out a circular regarding one of their associates who had travelled from a Level 3 country to India and had flu-like symptoms.

It says that the associate was advised to receive necessary screening and observation as mandated by the Karnataka State Health Department. The associate was screened by an authorized medical agency and determined to be asymptomatic.

As of Wednesday, the company located in the G3 campus of Manyata Tech Park has begun disinfecting and sanitizing the work location and all associates working out of this location have been advised to work from home until March 6.

A statement issued by Embassy spokesperson on March 4 to India Today TV indicated the authorities have activated their response plan.

"As of March 4, we are not aware of a single positive case for the virus in more than 2,00,000 people who work in our business parks. We do understand that one employee of a company at one of our parks who had travelled from a Level 3 country was screened in the last 36 hours and determined to be asymptomatic.

As a precaution, the premises are being disinfected and sanitized. The fact remains, we are not aware of a single confirmed case within over 15 business parks across India," the statement said.

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News Network
January 24,2020

Bengaluru, Jan 24: After the visit of fact finding committee members to the spot, the Christian community here decided to submit a report to the state government urging to install a 114-ft. statue of Jesus Christ at Kapala Betta in Kanakapura taluk of Ramanagaram district, Congress MLC Ivan D’souza said here on Thursday.

While talking to media, Mr D’souza said the committee would submit the report to Chief Minister B.S. Yediyurappa and Revenue Minster R. Ashok and urge the government to construct the statue at the earliest.

The RSS and other BJP outfits have strongly opposed the installation, following which the government ordered suspension of the work. A few days ago, Kalladka Prabhakar, RSS ideologue, took out a rally in Kanakapura opposing the installation.

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