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
April 4,2020

Bengaluru, Apr 4: As calamity struck the nation in the form of coronavirus, many philanthropists have generously opened their wallets to sustain the urban poor, especially the migrant labourers in the city and elsewhere in Karnataka.

These individuals either directly or through organisations opened up their kitchens to ensure that no one goes to bed hungry in this distressing time.

The Bruhat Bengaluru Mahanagara Palike, the nodal agency to feed urban poor, responded positively to requests by these organisations and individuals to supply food to the needy on their behalf.

"We had been serving food through our Indira canteens, which we continue to do even now. However, many philanthropists and corporates have come forward to feed the needy," the BBMP joint commissioner Sarfaraz Khan told reporters.

According to BBMP, Indira canteens used to provide two lakh meals a day on normal occasions.

However, since the lockdown has been clamped, the number swelled by almost 50 per cent.

"On Thursday alone, we served 2.85 lakh food, which comprises breakfast, lunch and breakfast," a Palike officer said.

The major aid came from Jain International Trade Organisation (JITO) and Azim Premji Foundation.

While JITO is feeding around 22,000 people, Azim Premji Foundation is taking care of 20,000 people.

Sajjanraj Mehta, an office bearer of JITO, told reporters that his organisation has been providing packaged cooked food since March 27.

"We got in touch with Bengaluru Mayor M Gautham Kumar, Police Commissioner Bhaskar Rao and the BBMP commissioner B H Anil Kumar. According to their list, 27,000 food packets were required daily," Mehta told.

The JITO members have arranged vehicles of their respective businesses to transport food packets to different locations as part of the campaign named as 'COVID-19 manav seva'.

The organisation has also decided to utilise the kitchen of Princess Golf, a marriage hall on Palace Grounds here to prepare food.

Palike officials said on Thursday alone JITO supplied 53,000 meals.

"We asked them to cover migrant labourers in those areas where Indira Canteen could not reach. We mapped the cluster and provided them info. Now, they are distributing it there," they said.

Another organisation engaged in charitable work is ISKCON Bengaluru.

Ever since the lockdown, it has been working in various parts of India providing food to various people.

"We are providing materials such as rice, wheat flour, Daal, oil, vegetables with long shelf life, salt, sugar and spices. Each packet can sustain for at least 21 days," Madhu Pandit Dasa, president of ISKCON Bengaluru.

The organisation has set a target to cover at least two lakh people but so far it has reached out to 30,000 people including 25,000 in Bengaluru alone.

"We are feeding about 50,000 people in Delhi, with the Telangana government we are feeding about 40,000 people in Hyderabad, about 10,000 people in Ahmedabad in association with the Gujarat government," Dasa told.

According to BBMP, other organisations providing food to the needy are KMFY, TVS Group, Vimal Bhandari, Radisson Blue Atria Hotel, Hitech Ecowood, Mohammed Shajid, Prestige Group.

Wipro Ltd also pitched in to feed the poor by opening up its industrial kitchen infrastructure.

In a statement, Global Head- Operations of the company Hariprasad Hegde said the humanitarian crisis we are faced with as part of the Covid-19 crisis has multiple dimensions to it, of which the need to deliver cooked meals to the stranded migrant workers and other vulnerable communities is probably the most critical and immediate one.

Recognising this, Wipro has decided to use the industrial kitchen infrastructure in our facilities to provide cooked meals, he said.

This kicked off on April 2 with the delivery of 43,000 meals from our Bangalore facility in Kodathi to the government.

"We have made use of our own procurement logistics to source the food provisions. This is a collaborative process, with the government taking responsibility for the logistics of last mile delivery to the communities that need it the most,” he said.

In the case of Bangalore, the Karnataka government has come forward to provide this kind of complementary delivery support. We are reaching out to other state governments and local administrations for similar efforts." he said.

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coastaldigest.com news network
January 23,2020

Bengaluru, Jan 23: Expressing shock over the blast which left him and his supporters injured yesterday, Shantinagar MLA NA Haris today said that the incident cannot be brushed aside as a firecracker blast and appealed to the state government to inquire into the incident.

Recovering from the injuries sustained on his leg, Haris was discharged from St Philomena's Hospital on Thursday afternoon. 

Interacting with mediapersons outside his residence in Shantinagar, Haris said, “It wasn’t a cracker but a ball-like object that was hurled at me. Since my childhood, I have been seeing crackers and the object that was thrown at me was certainly not a cracker. It had splinters and hard objects.”

He said, “I have been representing the constituency for over 12-years and had no rivalry with anyone. Barring political ideology during elections, all the leaders in our constituency have been cooperative with each other. Yet, we do not know what the intention was or who was behind the incident.”

Revealing that home minister Basavaraj Bommai had called him to enquire about his condition at the hospital Haris said, “I have also briefed the home minister and explained to him what exactly happened. I have full faith in the police and will cooperate with the police during the investigation.” Haris said that doctors have advised him three to four-days of rest.

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News Network
July 19,2020

Mangaluru, Jul 19: Five physicians of KVG Medical College in Sullia, Dakshina Kannada were booked for violating their home quarantine guidelines.

The district administration learnt about their quarantine violations after tracking their GPS locations through the app on Sunday.

The five medics were ordered 14 days home quarantine after the College staff tested positive for COVID-19. 

However, all the five physicians visited many places in the town violating quarantine norms, and hence the police booked cases against them.

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