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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Press Release
January 2,2020

Mangaluru, Jan 2: Seven achievers from various fields including Kannada writer and thinker Boluvaru Muhammad Kunhi have been chose for ‘Sandesha’ Awards for the year 2020.

Announcing this at a press meet in the presence of Sandesha director Fr Francis Assisi Almeida, writer Na D’Souza said that the award ceremony will be held on 9 February 2020 at 5:30 pm at the Sandesha Premises.

Bishop of Ballari Diocese and president of Sandesha Foundation, Dr Henry D’Souza will preside over. President of Karnataka Sahitya Academy Dr B V Vasanth Kumar will be the chief guest. Bishop of Mangaluru Diocese Dr Peter Paul Saldanha and Bishop of Udupi Diocese Dr Gerald Isaac Lobo will be the guests. MLA of Mangaluru South Constituency Vedvyas Kamath and Film Music Director Cajetan Dais will be the guests of honour”.

Awards and Awardees

1. Sandesha Literature Award (Kannada)- Mr. Boluvaru Muhammad Kunhi

He was born in 1951at Puttur. He has secured gold medal in Kannada Post Graduation from Mysore University. At present he is retired and settled at Bangalore after serving 40 years in Syndicate Bank as an officer.

He is the only Indian writer conferred with Central Sahitya Academy twice (2010 & 2016) for creative prose. He is also the first ever Kannada writer conferred with `BalaSahityaPuraskar’ by Central Sahitya Academy. His epic 1,110-page opus named "Swathranthada Ota" (in English: The run for independence) released on 18 March 2012 at RavindraKalakshetra, Bangalore by the world famous Sarod artist Pandit Rajiv Taranath.

He worked as Senate Member in Hampi Kannada University, Kannada Sahitya Academyand KannadaPustakaPradhikara. He also worked as State president for `Samudaya’ Cultural Organisation, as Convener to BandayaSahityaSangha, as Edirot to GIANT (Syndicate Bank's House Magazine) KRISHILOKA (Syndicate Bank's Magazine), as member to RDC (Syndicate Bank's Rural Development Institute), Self-Employment Training Institute (RUDSETI- Dharmastala). He was the President for Kannada BelesiBalaga and ChitraSamudaya (Film Division)

2. Sandesha Literature Award (Konkani): Mr. ValliVagga (Mr. Valerian D Souza)

He was born at Vagga of BantawalTaluk of Dakshina Kannada in the year 1947. His pen name is ‘ValliVagga’. He was an industrialist and at present he is retired and continuing is service in literature. In 55 years of his service in the field of Konkani literature, he has written some 150 short stories, 140 poems and 120 articles in different papers, magazines and websites. Out of these articles, some 40 articles have been translated and published in different papers.

He has published 8 books and his Konkani drama “KhandhiKuris” has already had 13 exhibitions. He has been honoured by Karnataka Konkani Academy, Konkani Kutam Bahrain and Daiji Dubai and also he has worked at various capacities in the field of Konkani Literature.

3. Sandesha Media Award: Mr. Shiv Kumar

Professionally he is an engineer and living in Bangalore. For the last 32 years he has been running a magazine called “Aparanji” as an editor. Already he has written 12 books and through his jokes, literature and science he has been decimating information to the general public.  For his literary work in jokes, he has been awarded with Karnataka Sahitya Academy award.

4. Sandesha Konkani Music Award: Mrs. Helen D’Cruz

Mrs.Helen Correa was born in Africa to late Flora and Alexander Correa. In Mumbai Helen was working for women’s magazine Eve’s weekly and had the opportunity to meet some of the best Bollywood actors and singers notable among them GeetaDutt and Hemant Kumar. She has also worked closely with late DivyaniChaubal, writer-columnist and well-known film critic.

She is one of the greatest legends of Konkani stage who stood her own along with Bollywood fame Hemanth Kumar and SangeethSamrat Henry D’Souza. She is known for immortal Konkani hits like ‘Ye..Ye..Katrina’, ‘ChondremUdevnAilo’, ‘GharasoDivo’, ‘SuryachiKirnam’, and many more. Helen’s music journey from Africa–Mangalore–Mumbai-Kuwait-Mumbai is quite astonishing.

Helen had created a sensation in the Konkani music world with her melodious and mellifluous voice in the early 60s and 70s thus giving a big fillip to Konkani music. She was the first reputed Konkani female singer in Mumbai. “SuryachinKirnan” of Jerome D Souza was her first song in radio in 1961 and with that Helen the singer had arrived on the scene. She sang many songs with Alphonso D Costa and also with Henry D Souza.

Helen has also cut an album with Henry D’ Souza with some memorable songs like “ChandremUdevn”, “Sezari”, “GharachoDivo” and of course “Katrina”. Though all the songs were quite melodious and hummable Katrina song hit the bull’s eye. Helen recalls that in during the general elections in Goa the Katrina song had gained lot of fame. Helen also reached the zenith of her popularity with some of the evergreen numbers like “DaryachaDaryachaLarani”, written by Henry, “KalzanthUllasBhorla, BhovtinVaren Valla.” “NaamvmujeLeena”, “Sanjecha Velar” (both tunes by Helen). Helen has also written lyrics of the song “TuMaka”. Apart from Alphonso, Henry and Hemant Kumar, Helen has sung with Jerome D Souza and Henry Moraes (in plays).

5. Sandesha Art Award: Dr. K. S. Pavithra

She is Psychiatrist by profession. Not only she is a good physician and researcher but also a good dancer (Artist). She has done her studies in Bharatnatyam and presently teaching several students. She is the director of Shri Vijay Kalanikethan ® at Shimoga. She has performed various dance programmes at the international level too.

As a dancer and also as a coordinator she has performed many programmes at the national and international level. She has received regional, national and international awards and also she is one among the 25 artists selected by India to participate for the International Festival.

6. Sandesha  Teacher Award: Mrs. Justin D Souza

For the past five decades, as a head of the Siddaganga Education Institution at Davanagere, Mrs. Justin D Souza has served in the field of education along with areas of culture, sports, science and art. She has given prominence to her students to build the leadership in the society by providing them proper channels and avenues.

She has set an example to others by creating environment friendly school and worked hard to recognize her school as a ‘school free from waste materials’. She has been working as a member of several associations of literature and published a book by name “SiddagangeyaSiri”.

She has bagged several awards namely “SevaDhurine”, “Shikshana Shri”, “ShikshanaSiri”, “ShramikaMahile” “Sharada” “Avva” “Kayaka Shri”, “VratthiChaitanyaRatna”, “ShikshanaShiromani” “VidhyadhareSarsvathi” and so on. She has been honoured with Kannada Rajyostva Award too.

7. Sandesha Special Recognition Award- Achievement: Mr. Vincent Prakash Carlo:

For the past 31 years, he has been in the field of Body building and power lifting and he has represented India at International level and brought honour to the nation. He has been a great inspiration to the youth and others to get motivated to keep a healthy body by getting trained themselves under his effective training.

He is from Mangalore. He is a Body Builder and Power lifter. He has participated in 11 international competitions and bagged 2 Gold, 1 Silver and 2 bronze. He has participated in 24 National Level and 28 state level Competitions and bagged 28 Gold, 17 silver and 7 bronze medals.

He has been honoured twice with “Strong Man of India” and twice as “Strong man of South India”

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coastaldigest.com web desk
January 23,2020

Mangaluru, Jan 23: The Muslim Central Committee of Dakshina Kannada and Udupi and Humanity Forum of Mangaluru today handed over a cheque of Rs 10 lakh to the aggrieved family of Naushin, who was killed in arbitrary police firing on December 19 in the city.

A team of philanthropists led by Muslim Central Committee chairman K S Mohammad Masood visited Shaheed Nausheen’s house at Kudroli and handed over the cheque. Several philanthropists have contributed to this humanitarian aid.

Corporator Shamsuddin Kudroli, S M Rasheed Haji, Mansoor Ahmed Azad, Ibrahim Kodichal, Haneef Haji, Asif Deals and Ashraf Kinara were present among others.

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News Network
April 6,2020

Puttur, Apr 6: A person reportedly has been booked for allegedly posting derogatory remarks against minority community on social media platforms.

The accused is reported to be a resident of Belandur village of Puttur Taluk.
The case has been registered at Bellare Police Station.

According to the reports, Kusumadhara had posted derogatory remarks about the faith and minority community. A complaint in this regard was filed by Savanur SDPI member Mohammed Saheer at Bellare Police Station, adding that his remarks in the post would create divide and communal disturbance in the society.

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