How can Kerala HC annul mature Hadiya’s marriage, questions Supreme Court

News Network
October 3, 2017

New Delhi, Oct 3: The Supreme Court of India has finally questioned the controversial annulment of a mature Hindu-converted-Muslim girl’s marriage with a Muslim boy by the Kerala High Court and the legality of the girl's father forcibly keeping her in his custody for the past several months.

A Bench of Chief Justice of India Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud asked how the High Court, on May 24, annulled the marriage of a woman, who has reached the age of majority, while exercising writ jurisdiction under Article 226, which is used to challenge violations of fundamental rights, legal rights and other basic rights.

Akhila alias Hadiya had stated in the Kerala High Court that she had embraced Islam on her own will and that she married Shafin Jahan, a Muslim man in 2016 as per Islamic Shariah. However the court had declared her marriage as "null and void" and forced her to go to her father’s house.

“We will hear logical and legal arguments on two issues - can the High Court nullify a marriage exercising jurisdiction under Article 226 and was an NIA probe necessary,” Chief Justice Misra observed and posted the case for hearing on October 9.

Chief Justice Misra then turned to counsel for the girl’s father, observing “she is a 24-year-old woman. You cannot have control over her.”

The court said it could either appoint a loco parentis or send her somewhere safe. “The father cannot say he should have 24-hour custody of her,” Chief Justice Misra observed.

Additional Solicitor General Tushar Mehta for the NIA countered that the top court under Chief Justice Misra’s immediate predecessor, Justice (now retired) J.S. Khehar, had on August 16 transferred the case from the Kerala Police to the NIA, subsequent to findings that there was a “pattern” of such conversions and marriages in the State.

Senior advocate Dushyant Dave, appearing for the Muslim man, Shafin Jahan, strongly objected to the SC order for NIA investigation. Mr. Jahan has filed a plea for recall of the order.

“The order for NIA investigation strikes at the very foundation of multi-religious society... Two senior BJP functionaries have married members of minority communities... Call the girl here, ask her,” Mr. Dave submitted.

The Kerala government, which had agreed in the SC to give the probe in favour of the NIA, also came forward wanting to file an affidavit. Former Supreme Court judge, Justice R.V. Raveendran, had refused the SC’s assignment to monitor the NIA probe.

Mr. Jahan’s recall petition requests the apex court to stop the NIA probe in light of subsequent events showing the girl converted of her own free will and she is being confined and “tortured” by her parents.

Mr. Jahan also sought a direction to be issued to the Director General of Police, (Law and Order), Trivandrum, Kerala to produce the girl before the Supreme Court.

His application, through advocate Haris Beeran, refers to an aired video shot by activist Rahul Easwar, featuring the girl objecting to her “house arrest”.

The application claimed that the acting president of the Kerala Human Rights Commission, P. Mohandas had gone on to make a statement that the girl “is undergoing immense human rights violation at her house”. Moreover, the application also quotes the chairperson of Kerala Women’s Commission, M.C. Josephine, indicating that there is “grave human rights violation in the case of the detenue (the girl) and that the commission is willing to act on a complaint”.

The application points out that the retired Supreme Court judge, Justice R.V. Raveendran, whom the Supreme Court had appointed to oversee the NIA investigation, has refused the assignment. It said that in the light of Justice Raveendran’s refusal, the NIA probe should be stopped as it would not be a fair one.

“NIA has already commenced investigation and already found a link, all without the guidance of Justice Raveendran, the worst fears of the petitioners have therefore been realised. That such an investigation is clearly not fair and is against the orders of the Supreme Court,” the application said.

It said that keeping the girl in custody against her will wherein she is not free to practice the religion she has chosen of her own free will is a clear violation of her fundamental rights,” it said.

It said that an NIA probe may not be required and “it is also clear that Respondent No.1 (the girl’s father) is blatantly infringing upon the right of the detenue to live a dignified life with all the liberty and freedom of a consenting adult of sound mind”.

Comments

Ahmed
 - 
Tuesday, 3 Oct 2017

There is no God but ALLAH and Muhammad pbuh is the final messenger of God...I request Non Muslims to come to truth.. just like Hadiya. We ask U to read & Ponder on ur vedas which says NA TASYA PRATIMA ASTI.. (There is no image of God) . God will definetely Guide those who are honest .

 

Ganesh
 - 
Tuesday, 3 Oct 2017

Laws are now not for protescting people. Its for destroying people. HC doing total injustice.

Suresh
 - 
Tuesday, 3 Oct 2017

Hats off Hadiya. You proved how brave you are. You waited, struggled alot. You will get your happiest life soon. Everybody with you. We love you.

Hari
 - 
Tuesday, 3 Oct 2017

Parents also against her. They are Cheddi followers. They imprisoned Hadiya. Except cheddis (rahul eswar and so on) not even friennds cant meet her. Her father not allowing to meet or talk

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News Network
April 18,2020

Udupi, Apr 18: The Adamaru Mutt and Mutt-owned educational institutions donated fifty five lakhs, fifty five thousand, five hundred and fifty five rupees to the PM-CARES Fund on Friday.

Sri Vishwakapriyattirtha Sripada, while donating the amount, delivered the message that in these difficult times in our country, the government has no sources of tax revenue but the cost of various departments especially public health expenses are increasing.

We leave three meals a week and distribute the money saved to those in need. We pray that India becomes the first COVID-19-free country in the world with all our efforts.

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News Network
March 11,2020

Bengaluru, Mar 11: Heated verbal exchange between Minister K Sudhakar and former Speaker K R Ramesh Kumar in the assembly over disqualification of 17 MLAs last year, continued to disrupt the proceedings on Wednesday, with both opposition and treasury benches pushing for a privilege motion and demanding action.

Chaotic scenes and adjournments marked the House proceedings, with both sides not ready to budge.

As the House met for the day, around 11 am, senior Minister K S Eshwarappa accusing Congress MLA Ramesh Kumar of using "expletive" during a debate last evening, demanded his apology and that he be kept out of the proceedings.

Sudhakar, against whom expletive was allegedly used by Kumar, said, the words used were unpardonable and he should be heard, as he has given notice.

Leader of Opposition Siddaramaiah then demanded that he be allowed to speak first as he had given notice on Tuesday itself.

The Congress leader on his part has accused Sudhakar of breaching Kumar's privilege by allegedly making derogatory remarks against him.

Intervening, Speaker Vishweshwar Hegde Kageri said he has received breach of privilege notice from both sides and would allow it only after the question hour as per rules.

Though Congress expressed its agreement with the Speaker about letting them raise the matter after question hour, BJP legislators including Ministers said, Ramesh Kumar should be suspended.

Pointing out that Kumar was not inside the House, some ruling party MLAs even called him "escapist" and demanded action against him.

Strongly objecting to it, Siddaramaiah questioned the ruling party's intentions in running the house smoothly.

As this was followed by heated arguments between both sides, the Speaker adjourned the House for 15 minutes.

When the house met after much delay at 12:55 pm, the chaos continued.

As the Speaker allowed Minister Jagadish Shettar to speak, who was requesting permission to raise a point, Siddaramaiah objected to it and said he had given notice first.

He said, "this is not correct, it looks like government doesn't want the House to function, they don't want discussion on the budget, they are purposely blocking the proceedings of the House".

However, some BJP MLAs reacted to this by shouting slogans "shame shame Ramesh Kumar".

As his repeated attempts to conduct the proceedings failed, the Speaker adjourned the House for lunch.

Sudhakar, while speaking during a special discussion on the Constitution on Tuesday evening had made critical remarks against the decision of Kumar, as speaker, to disqualify 17 Congress-JD(S) MLAs under the anti-defection law, including him.

Angered by this Kumar, who opposed discussion on the subject, amid heated argument between BJP and Congress members allegedly uttered the expletive, which aggravated the situation and had resulted in pandemonium in the House last evening.

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News Network
March 31,2020

Thiruvananthapuram, Mar 31: The Kerala government

on Tuesday rejected concerns of community spread of novel coronavirus in the state in the wake of the second death of a patient here who had no travel history or reported contact with any infected person.

Setting aside the concern, Health Minister K K Shylaja said the deceased man, a native of nearby Pothancode, was already suffering from several other health issues including high blood pressure.

The 68-yearold man died at the government medical college here, taking the total number of COVID-19 deaths in Kerala to two, the government said.

"We have got information that the deceased man had come in contact with some persons arrived from the Gulf. As he was very sick and was not in a position to speak, we could not collect details from him directly," she told reporters here.

"So we had to collect such details from his relatives now. As per preliminary assessment, it was a case of contact spread. So, as of now, there is no need to get panic about the community spread," she said

The possibility of death was high among patients, aged above 60 years and suffering from other diseases like heart ailments or diabetics, she said.

"That's why we are giving strict directions to the elderly people to remain in homes and avoid contact with infected persons, " the minister said.

However, the minister directed those came in contact with the deceased person to remain in self-quarantine and inform the authorities if they developed any infection symptoms.

In both the coronavirus deaths in the state, the deceased persons were aged and were suffering from other diseases, she added.

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