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
January 20,2020

Bengaluru, Jan 20: The suspense over chief minister BS Yediyurappa expanding his council of ministers is set to continue until after he returns from his trip to attend the World Economic Forum (WEF) in Davos, Switzerland.

Yediyurappa, who heads a 10-member delegation to the Swiss ski resort, left on Sunday. Prior to his departure, he told reporters cabinet expansion will happen only after his return on January 24. “I discussed the issue with [BJP] national president Amit Shah for 30 minutes or so. He has given a positive response and I will expand the cabinet within two days after my return,” Yediyurappa said.

But sources said Shah, during his visit to Hubballi on Saturday, had indicated the exercise is likely to be delayed further as the central leadership will be busy with the assembly elections in Delhi. “Indications are there is no possibility of expanding the cabinet until February 11 when the electoral process for the Delhi elections ends,” said a source.

The development has obviously left ministerial aspirants, especially defectors from Congress and JD(S) who were re-elected on BJP tickets last month, restive. Moreover, while Yediyurappa has promised ministerial berths to all MLAs who switched to the BJP from Congress and JD(S), sources say Shah is only in favour of inducting six defectors (11 of whom won MLA seats on saffron party tickets in the byelections) into the cabinet.

“Shah’s advice to Yediyurappa is to strike a balance between defectors and loyalists. His concern is loyalists should not be left disappointed, while justice should be served to the defectors as well,” said a BJP functionary.

Meanwhile, KS Eshwarappa, senior party functionary and minister for rural development, said the BJP would never let down the defectors. “The party is indebted to them and I am sure they will all be rewarded,” he said.

BC Patil, one of the defectors, said some of them had met Shah in one-on-one meetings in Hubballi. “It was more a courtesy call and the issue of cabinet expansion didn’t come up during the meeting,” he said.

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News Network
July 17,2020

Mangaluru, Jul 17: Dakshina Kannada district Youth Congress president Mithun Rai has tested positive for the covid-19. 

Mr Rai took to social media to announce it: “I have been tested COVID19 positive & I am under Quarantine at Bangalore. With all your love and blessings, I will recover and be back soon at your service.

“My request to all those who were in close proximity with me in the last few days, kindly get yourselves checked for COVID,” he stated in a social media post on Friday.

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News Network
May 27,2020

In a development which highlights the diversity in the United Kingdom’s legal system, a 40-year-old Muslim woman has become the first hijab-wearing judge in the country.

Raffia Arshad, a barrister, was appointed a deputy district judge on the Midlands circuit last week after 17-year career in law.  

She said her promotion was great news for diversity in the world’s most respected legal system. She hopes to be an inspiration to young Muslims.

Ms Arshad, who grew up in Yorkshire, north England, has wanted to work in law since she was 11.

Ms Arshad said the judicial office was looking to promote diversity, but when they appointed her they did not know that she wore the hijab.

‘It’s definitely bigger than me,” she told Metro newspaper. "I know this is not about me.

"It’s important for all women, not just Muslim women, but it is particularly important for Muslim women."

Ms Arshad, a mother of three, has been practising private law dealing with children, forced marriage, female genital mutilation and other cases involving Islamic law for the past 17 years.

She was the first in her family to go to university and has also written a leading text on Islamic family law.

Although the promotion by the Lord Chief Justice was welcome news for her, Ms Arshad said the happiness from other people sharing the news was “far greater”.

“I’ve had so many emails from people, men and women," she said.

"It’s the ones from women that stand out, saying that they wear a hijab and thought they wouldn’t even be able to become a barrister, let alone a judge."

Ms Arshad is regularly the subject of discrimination in the courtroom because of her choice to wear the hijab.

She is sometimes mistaken for a court worker or a client.

Ms Arshad said that recently she was asked by an usher whether she was a client, an interpreter, and even if she were on work experience.

“I have nothing against the usher who said that but it reflects that as a society, even for somebody who works in the courts, there is still this prejudicial view that professionals at the top end don’t look like me,” she said.

A family member once advised her to not wear a hijab at an interview for a scholarship at the Inns of Court School of Law in 2001, warning that it would affect her chances of landing the role.

“I decided that I was going to wear my headscarf because for me it’s so important to accept the person for who they are," Ms Arshad said.

"And if I had to become a different person to pursue my profession, it’s not something I wanted.”

The joint heads of St Mary’s Family Law Chambers said they were “delighted” to hear the news of her appointment.

“Raffia has led the way for Muslim women to succeed in the law and at the bar, and has worked tirelessly to promote equality and diversity in the profession,” Vickie Hodges and Judy Claxton said.

“It is an appointment richly deserved and entirely on merit, and all at St Mary’s are proud of her and wish her every success.”

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