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 18,2020

Bengaluru, Apr 18: Amid fears that people from the unorganised sector are running out of cash to meet their daily expenses, the Karnataka government said there was no data available for such labourers, who can be provided financial assistance under the direct benefit transfer (DBT) scheme.

"The government does not have data of people in the unorganised sector such as drivers, farmers, domestic help and others. If we have to deposit directly into their account, we need data..," State Labour minister A Shivaram Hebbar told reporters.

The minister said a situation borne out of the COVID-19, where the entire nation has been lockdown was never anticipated.

To him, the pandemic has given an opportunity to gather information about the unorganised sector.

"This COVID-19 has taught the department and the workers a lesson that we should be prepared for a situation like this. We have learnt that all the information about labourers should be available with the labour department," Hebbar conceded.

The minister opined that the department should have had the list during the good times but nobody bothered to have it.

"During the good times nobody bothered about it -- neither they (beneficiaries) asked for it, nor we thought of it.," Hebbar said.

Now that the pandemic has struck, the government is focusing only on not letting anyone starve to death.

A three-level preparation has been made -- at the village level, Taluk level and the city level, the minister said.

Village anganwadis have been stuffed with food items to be cooked for the needy, whereas in Taluk level, government hostels have been turned into shelters for the labourers, he said, noting that lakhs of philanthropists in cities have come forward to feed the people from unorganised sector.

"The basic objective of our government is that no one should starve to death. The issue of organised or unorganised sector comes next," he explained.

On the fear of large-scale retrenchment, the minister said notices have been served on all the industries that no one should be expelled from the job.

However, Hebbar underlined that the industrialists today are as much in distress as the workers and his department was taking into account everyone's concern.

A decision will be taken in this connection by the government in the next two days, to provide assistance to small enterprises to keep them afloat.

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News Network
January 10,2020

Davanagere, Jan 9: Residents of SVR colony of Channagiri Taluq here on Thursday built a temple in the memory of a male monkey, who died here 'unexpectedly'.

A group of monkeys entered the SVR colony around three months back. The monkeys have never disturbed anybody in the area and they used to play with children living in the colony.

Locals said that the monkeys are very obedient to them.

Unfortunately, one of the monkeys died suddenly on Wednesday, causing distress among people who were very fond of him.

Showing their love for the deceased monkey, locals performed his final rite according to Hindu tradition.

Later, the residents approached the president of the village Panchayat to allot funds to build a temple in the monkey's memory.

The construction of the temple has already begun in the area at the same place where the monkey's funeral was conducted.

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News Network
January 25,2020

New Delhi, Jan 25: The latest edition of the Oxford Advanced Learner's Dictionary features 26 new Indian English words, including Aadhaar, chawl, dabba, hartal and shaadi.

The 10th edition of the dictionary, which was launched on Friday, has 384 Indian English words and incorporates over 1,000 new words such as chatbot, fake news and microplastic.

The dictionary focuses on language change and its evolution through the years, and has ensured that the language and examples used in the new edition are relevant and up to date with the times, Oxford University Press (OUP) said.

The new edition comes with interactive online support through the Oxford Learner's Dictionaries website and an app. The website includes advanced features such as audio-video tutorials, video walkthroughs, self-study activities and enhanced iWriter and iSpeaker tools.

"This edition has 26 new Indian English words of which 22 figure in the printed dictionary. The other four are in the digital version," said Fathima Dada, Managing Director (Education Division) at OUP.

Some of other new Indian words in the dictionary are auntie (while aunty already figures in the English dictionary, auntie is an Indianism), bus stand, deemed university, FIR, non-veg, redressal, tempo, tube light, veg and videograph.

The four new Indian English words in the online version of the dictionary are current (for electricity), looter, looting and upazila (one of the areas that a district is divided into for administration purposes).

According to OUP, the new edition provides better, more accurate and understandable definitions with examples, usage notes and additional resources to help the learner use the right word in the right context.

"Prevalence and common usage are the main criteria for enlisting new words. We scan the globe for words which are often used by people while speaking English. Then these words go through a rigorous testing process," Dada said.

"As OUP is the custodian of English language globally, these words have to go through its processes," she told PTI.

The Oxford Advanced Learner's Dictionary, she said, has been reinventing itself for nearly eight decades, anticipating the growing learning requirements of learners.

"The 10th edition also is equipped with a strong digital support system, including an app," she said.

It is equipped with several digital tools. With iSpeaker, learners can get help preparing for speaking exams and presentations. With iWriter, learners can plan, write and review their written work. Text Checker allows the teacher to check any text against the Oxford 3000, 5000, and OPAL (Oxford Phrasal Academic Lexicon) written word list.

Resources accessible through online premium access include lesson plans, worksheets, video walkthroughs, and classroom and self-study activities. With the OALD app one can find 86,000 words, 95,000 phrases, 112,000 meanings and 237,000 examples.

The dictionary, which spans 77 years, was originally published in Japan in 1942 and was first brought out by OUP in 1948. The learner's dictionary is based on the original values of its creator, Albert Sydney Hornby, whose aim was to help language learners worldwide understand the meaning of English words.

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