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
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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News Network
May 1,2020

Bengaluru, May 1: The Karnataka government on Friday issued a show cause notice to an IAS officer over his recent tweet about coronavirus-cured Tablighi Jamaat members donating plasma for treatment of other patients.

The officer, Mohammad Mohsin, was in the news last year after the Election Commission suspended him for trying to inspect Prime Minister Narendra Modi's helicopter during his visit to Odisha in April. He was deployed as a poll observer.

"More than 300 Tablighi Heroes are donating their plasma to serve the country in New Delhi only. What about? #Godi Media? They will not show the works of humanity done by these heroes," Mohsin said in a tweet on April 27.

A 1996 batch IAS officer from Karnataka cadre hailing from Bihar, Mohsin is currently serving as a secretary in the Backward Class Welfare Department.

The state government said the show cause notice has been issued to the officer in connection with his tweet.

"The adverse coverage this tweet has got in the media has been taken note of seriously by the government, given the serious nature of COVID-19 and the sensitivities involved," the notice, which was accessed by PTI, stated.

The government has sought a written explanation from the officer within five days for violating the All India Services (Conduct) Rules, 1968.

It warned of action against Mohsin as per the All India Services (Discipline and Appeal) Rules, 1969 if he fails to submit his reply before the deadline.

"The Karnataka government has made it clear that it would not hesitate to act even against powerful functionaries if their actions are damaging to the harmony in the state at a time when all are united in fighting COVID-19," a senior state bureaucrat said.

The Tablighi Jamaat, an Islamic missionary group, shot into the limelight early this year after thousands of its members who attended a congregation in south Delhi's Nizamuddin in March tested positive for coronavirus.

After attending the event, the group's members travelled to various parts of the country, with many of them carrying the virus.

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coastaldigest.com news network
May 12,2020

Bengaluru, May 12: Karnataka sees the highest single day spike since the start of the pandemic in the state, higher than Sunday's spike in cases. 63 new cases have been reported in last 24 hours. 

With this, the total number of COVID-19 cases rises to 925, said the state health department's bulletin on Tuesday.

While 42 new positive cases reported from May 11, 5 pm to May 12, noon, another 21 fresh 21 cases reported by 5 pm on May 12.

To date, 921 COVID-19 positive cases have been confirmed. This includes 31 deaths and 426 discharged," the bulletin read further.

Morning Bulletin

New cases in Bengaluru Urban 3,  Yadgir 2, Bagalkote 15, Dakshina Kannada 2, Dharwad 9, Bidar 2, Hassan 5, Ballari, Mandya, Chikkaballapura, Kalaburagi (one each).  

Evening Bulletin

Cases in Gadag (3), Kolar (5), Bengaluru Urban (1) and Davangere (11) cases. 

Cases reported on 12 May: 63

Total cases in state: 925
 

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