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 5,2020

Bengaluru, Apr 5: Chief Minister BS Yediyurappa on Saturday said the state government will double down for 100% compliance to the lockdown in the next 10 days, warning action against those found roaming the streets.

Dismissing reports of a shortage of ventilators, he said the state was bringing in reinforcements over the next few days and expressed relief that none of the Covid-19 patients of the state has required a ventilator so far.

"None of the Covid-19 patients are on ventilators; two of them require oxygen," Yediyurappa told reporters after he met ministers and MLAs of Bengaluru and apprised them of steps taken to fight the coronavirus pandemic.

The CM said the government had placed orders for 1,570 ventilators, of which 17 have been supplied and another 20 would arrive by next week. The government has also ordered 18.3 lakh N-95 masks, of which more than 4 lakh have been supplied. To ensure a steady supply of hand sanitiser, manufacturing licences have been issued to 36 pharma companies and 29 distilleries.

While the state readies the medical infrastructure, the CM urged the legislators, cutting across party lines, to ensure full compliance to the lockdown. "If people fail to cooperate with the government and respect the nationwide lockdown, there will be no option but to enforce it in a more stringent manner from Sunday," he said.

As people continue to crowd markets amid growing fears of a shortage of essentials, the CM reiterated that all measures have been put in place to get the supply chain moving. 

He also assured that food will be provided to migrant workers and the poor. "There is enough stock of foodgrains and medicine in the state. The government has set a taskforce of ministers, 17 committees under additional chief secretaries, several helplines and a war room to fight the pandemic and they are all working round the clock," he said. 

The government has also issued direction to authorities to provide rations to those who do not have BPL or APL cards. Since many people from other states have settled in Bengaluru and they don't have ration cards, we have taken this decision," Yediyurappa said.

On reports of many private hospitals being closed and refusing to treat patients, the CM said: "We have already warned private hospitals to remain open and provide treatment to patients failing which strict action will be initiated."

Kisan Nidhi, 2 months' pension by April 10
The CM said an installment of Rs 2,000 under PM Kisan Samman Nidhi Yojana and two months' pension under the various social security schemes will be credited to bank accounts of beneficiaries by April 10. 

The process of crediting subsidy to 15 lakh beneficiaries under Ujjwala Yojana is on, he said.

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News Network
June 2,2020

Udupi, June 2: The number of positive cases may continue to be more in Udupi district since the results of more than 3,000 samples are pending with Labs.

The district total cases to 260. The figure had seemed far-fetched on May 15, when the number of cases stood at just three. The latest spike has been attributed to the return of migrants from other States as well as from abroad. These samples are from people who returned to the district in the last two weeks.

This delay is because the laboratories testing samples from Udupi are burdened with a high case-load after more than 8,500 people returned to the district, particularly from the neighbouring state of Maharashtra.

"Samples have piled up after the influx of people returning from other states and from abroad," says Dr Prashant Bhat, nodal officer for COVID-19 in Udupi. This delay has caused returnees in institutional quarantine to stay on for as long as 18 days.

The designated laboratory for coronavirus testing in Udupi is Wenlock District Hospital in Mangaluru. The district administration also sends samples to laboratories at the Kasturba Hospital in Manipal, Yenepoya Medical College, Mangaluru, KS Hegde Medical Academy, Mangaluru, and Viral Diagnostic Laboratory in Shivamogga. Apart from Udupi, the laboratory in Manipal is also testing samples from Uttara Kannada district. The laboratory in Shivamogga is also testing samples from Shivamogga and Bijapur districts. The laboratories in Mangaluru, similarly, have samples from Dakshina Kannada district.

Dr Avinash Shetty, Medical Superintendent of Kasturba Hospital in Manipal, one of the private laboratories being used by the Udupi district administration, said that they are testing samples in batches. "We received around 600 samples today and we will be testing them now. The backlog of samples should be cleared in the next few days," Dr Avinash said.

All 73 cases reported in Udupi on Monday were patients with travel history of returning from Maharashtra or patients with travel history of returning from abroad.

In cases of some patients who tested coronavirus positive in the past week, people were released from institutional quarantine after a stipulated period only to be tracked down again and admitted in hospitals after their results returned positive.

While two such cases emerged in Belapu and Belman in the district, the administration is now following up with others who were released from institutional quarantine to ensure they remain in home quarantine till their test results are confirmed.

The spike in cases among returning migrants in Udupi also comes at a time the Karnataka government reduced restrictions on interstate travel.

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coastaldigest.com news network
June 12,2020

Mangaluru, June 12: Juma prayers were held in dozens of mosques across coastal district of Dakshina Kannada including the city of Mangaluru for the first time in nearly three months upholding all the safety norms including physical distancing. 

For the first time in the recent history of Mangaluru, juma prayers were stalled in all the mosques for 11 consecutive weeks as part of nationwide coronavirus lockdown. 

While many mosques were reopened for the congregational prayers in the region on June 8 (Monday) after receiving approval from the government, many others are yet to be opened as Muslim religious leaders are taking additional precautionary measures to prevent the spread of covid-19 apart from following all the guidelines issued by the government.

“Around 400 people participated in the Juma prayer at Zeenat Bakhsh Juma Masjid. All the safety guidelines were followed. Sadaqatul Nadwi delivered the sermon and led the prayers,” S M Rasheed Haji, executive member of the mosque committee told coastaldigest.com.

“As per the guidelines, devotees performed Wudu (ablution) at their homes and also carried their own musalla (prayer mat) to the mosque,” said a Jalaluddin, a cleric who offered Juma prayers in Ullal.  

The guidelines issued by the government to the mosques also include disinfecting the premises at regular intervals, maintaining physical distance, wearing masks and finishing prayers in “minimum permissible time”.

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