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 7,2020

Bengaluru, Apr 7: The Karnataka Government indicated today that it is too early to take a call now on lifting the nation-wide lockdown but said it’s in favour of its extension in COVID-19 hotspots in the country by at least an additional two weeks.

“We need to see for another few days before taking final call,” Medical Education Minister Sudhakar K, who is in-charge of all matters related to COVID-19, told news agency Press Trust of India when asked if the State is in favour of the rollback after the 21-day period ends on April 14.

The minister opined that the decision on its withdrawal should be based on the COVID-19 pandemic situation at the time in terms of number of cases and response to the outbreak.

When the lockdown is lifted, it has to be in a staggered and phased manner, and not at one go, Mr Sudhakar stressed.

“Where there are red alerts and zones, those zones, in my opinion, should continue to be in a lockdown situation at least for two weeks…till this month-end, I will request them (the Centre) to do this,” he said.

The Telananga Chief Minister K Chandrasekhar Rao on Monday appealed to the Prime Minister Narendra Modi to extend the 21-day national lockdown imposed to contain COVID-19 outbreak beyond April 14, saying it was essential to save lives.

Mr Sudhakar said the Karnataka government is facing financial challenges because of drastic fall in revenues due to the lockdown, adding, it would take “tough decisions” to cut expenditure.

The Finance Department is in the process of evaluating the state’s fiscal position.

“Finance department is gathering information…what is the need now, what should be the overall expenditure, how much we can save; financial support for unorganised and organised sector, along with stimulus to other sectors, we have to see where we stand financially,” the minister said.

“Based on that, we have to take certain steps for sure because after all the government runs on the exchequer money. Once the exchequer is stopped because of lockdown, we are not getting GST, no motor vehicle tax. No tax money is coming.”

Government also has to run right? he said.

He said commitment and obligations with regard to paying interest on loans taken at the national and international level would have to be met.

“So, there are some financial constraints, and financial challenges before the government. The Government will take tough decisions only after studying the entire finance (position of the State).”

The Telangana government last week announced pay cut for government employees.

The Union Cabinet on Monday approved a 30 per cent cut in salaries of all Members of Parliament and a two-year suspension of the MP Local Area Development (MPLAD) scheme.

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Agencies
January 16,2020

Bengaluru, Jan 16: Amping up the online payment experience for consumers, Razorpay, the leading full-stack financial services company, today launched a new product, Instant Refunds for businesses.

This new feature activates refunds and credits the customer's source account across payment methods such as credit card, net banking, and UPI within a minute of initiation.

India is one of the fastest-growing online retail markets today. About 71 per cent of internet users in the country purchase products online. Today, the refund process has two major pain points for both the end customer and the business.

First, a delay of five-seven business days for the customer in receiving the money because of multiple intermediaries like the acquiring bank, issuing bank and the networks (VISA/MasterCard/Rupay).

Second, the lack of transparency during the entire refund process for both the customer and the business. This long cycle of processing refunds is a significant problem with every popular payment method in the industry.

By issuing refunds instantly, Razorpay will help businesses retain their customers, build trust through an improved hassle-free payment experience and provide complete transparency on refunds to both the business and the end-user.

This new feature will also reduce the dependence on manpower as every refund issue on an average leads to ten service emails or calls from customer support teams.

"Instant Refunds are the new normal and central to great customer experience. A lot of consumers fail to use online payment methods as they feel getting refunds through an online platform is a very time-consuming task; hence they prefer CoD as the best alternative. Given the technological advancements being made in the fin-tech ecosystem, its fair for customers to expect refunds as fast as possible. A solution like Instant Refunds will not only help build consumer confidence in digital payments but also reduce losses for e-commerce companies where CoD has become an expensive option with more than 50 per cent online transactions made through cash", said Shashank Kumar, CTO & Co-founder of Razorpay.

"Our Instant Refunds feature ensures that the refund is processed at a 3600x faster pace than the normal expected time of five-seven business days. The team is focused on creating new technologies designed to make the entire payment lifecycle hassle-free. We believe this new feature will make customers experience a notch higher, help brands create a competitive advantage, and even make them more profitable", he added.

Razorpay's growth has been uphill, particularly in the last two years. With a 500 per cent growth in 2019, the company has been witnessing a healthy growth rate of 35 per cent month-on-month.

The company also recently launched its corporate credit cards for its partner businesses, RazorpayX current accounts, support for freelancers and homepreneurs, and acquired Opfin, a payroll and HR management software company.

Currently powering payments for over 800,000 businesses including the likes of Indigo, BSE, Thomas Cook, Reliance, SpiceJet, Aditya Birla, Sony, and Oyo, the team plans to increase this count to 1,400,000 by this year. The full-stack financial solutions company expects a 4x growth in its revenue by the end of the next fiscal year.

This story is provided by NewsVoir. ANI will not be responsible in any way for the content of this article.

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News Network
March 11,2020

Bengaluru, Mar 11: Jyotiraditya Scindia has not betrayed the Congress, but he has been betrayed by the Congress and Kamal Nath, said on Wednesday Madhya Pradesh Congress MLAs who are camping here after tendering the resignations.

"It is not Jyotraditya Scindia who has betrayed. Instead, he has been betrayed by the Congress and Kamal Nath. Despite the fact that it was his hard work that enabled Congress to form the government in MP after 15 years, yet he was being sidelined. His people were sidelined," Mahendra Singh Sisodia was heard saying in a video.

Taking a veiled jibe at Chief Minister Nath, Sisodia said: "On one hand, you claim that treasury is empty and on the other, works worth Rs 12,000 crore is done in Chhindwara constituency. Are the rest of MLAs and ministers just killing time?"

He also warned other Congress MLAs that the party would be decimated in the state in the future.

"Did not the Congress trick people in MP? What happened to the farm loan waiver announced? When we go to our region, people ask us what happened to loan-waiver.
What happened to curb corruption, Vyapam? Whichever party Scindia joins, we will go with him," he said.

Former MP Minister Imarti Devi said that all 22 MLAs are in Bengaluru out of their own choice.

"All 22 MLAs are here (in Bengaluru) on their own will. We are happy Scindiaji has taken this decision. I will always stay with him even if I had to jump in a well. Kamal Nathji never heard us," she said.

Another leader dismissed talks of being in touch with anyone and said that they are happy with the decision of Scindia, who joined the BJP earlier today. He had resigned from the Congress on Tuesday.

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