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
February 28,2020

Kozhikode, Feb 28: Nearly 200 Umrah pilgrims from Kerala were deboarded from their flights to Saudi Arabia from Calicut international Airport here on Thursday after the gulf nation enforced a temporary ban on foreigners seeking to visit the holy cities of Makkah and Madina, following coronavirus scare.

Saudi Arabia halted travel to the holiest sites in Islam over fears about a viral epidemic just months ahead of the annual hajj pilgrimage, a move that came as the Mideast has over 240 confirmed cases of the new coronavirus.

According to Airports Authority of India officials, as many as 84 of passengers from the Saudi Airlines and 104 from the Spice Jet Airlines were denied permission to board the flights and travel to Saudi Arabia.

However, other passengers bound to Jeddah were permitted to fly, they said.

A private tour operator here said two batches of 40 pilgrims each were denied permission to travel to Makkah to perform Umrah on February 27.

Umrah is an Islamic pilgrimage that can be performed at any time of year.

"The pilgrims were denied entry by the two airlines, Spice Jet scheduled at 05.30 hrs and Saudi Airlines at 1130 hrs," Naiful Akbar, a travel agent said.

The Airport Authority of India sources said, "the passengers were asked to alight by the Spice Jet airline staff following an instruction received by them."

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News Network
July 16,2020

Bengaluru, Jul 16: Life is a journey that cannot be imagined without traveling but the prevailing COVID-19 situation has made the whole world come to a standstill.

This pandemic has not only limited the modes of transportation for people all across India but also forces them to look for safer, convenient, and comfortable travel options. Private charter services are thus seen as the best alternative.
This is the reason the demand for availing charter services has risen dramatically over the last couple of months and encouraged airlines to either start or expand their charter services business further.

Many airlines have revamped their business strategies keeping charter services in mind and entered into this optimist business segment recently.

Star Air, the aviation arm of Indian business conglomerate - Sanjay Ghodawat Group, has entered into the charter services business to fulfill private air travel requirements.

The group previously has an experience of over six years of running helicopter charter service operations successfully under Ghodawat Enterprises Pvt Ltd.

The airline, Star Air, with its world-class fleet of three Embraer ERJ-145 aircraft (50-seater), two helicopters - Airbus H130 (6-seater) and Airbus H135 (5-seater), has the capacity to fly one anywhere at any point in time as per one's convenience that too with great comfort, luxury and complete privacy.

Star Air is a known name in the Indian aviation industry that is recognized for its unmatched safety, comfort, and on-time performance records.

It was praised in the past for connecting the unconnected by commencing commercial flight services to many Tier-II and Tier-III cities in India that were not graced with airline services before.

And now, after gaining the trust of over 1,00,000 customers from all across India and serving countless prominent VIP's, it has launched its charter service business.

It holds a valid license for charter service business and operates as per the protocols defined by the DGCA. The company has a team of experienced pilots, technicians, and staff that assures one gets a best-in-class charter service with complete safety and without any hassles.

"We are delighted to expand our airline operations by opening this private charter services. Like our scheduled commercial airline services, we are offering a world-class charter service keeping your comfort, safety, and overall flying experience in mind, said Sanjay Ghodawat, Chairman - Star Air.

This company had started its operations in January 2019 to connect the unconnected by providing world-class flight services at an affordable cost.

Since then it is continuing on its endeavour and gaining immense trust nationwide. It provides services to many Indian cities like Bengaluru, Belagavi, Indore, Kalaburagi, Mumbai, Ahmedabad, and Ajmer (Kishangarh).

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News Network
June 5,2020

Bengaluru, Jun 5: The Karnataka government has asked all its departments and authorities to avoid during all official transactions the nomenclature "Dalit" for members belonging to the Scheduled Castes.

"All the departments and authorities of government of Karnataka are requested that (use of name Dalit) for all official transactions, matters, dealings, certificates, among others," the official circular said.

The Constitutional term Scheduled Caste in English and its appropriate translation in other national languages should alone be used for denoting the persons belonging to the Scheduled Castes/ Scheduled Tribes notified in the presidential orders issued under Article 341 of the Constitution, the circular said.

The circular issued on May 20 notes instructions issued by the Central government in 2018, with reference to the order of the High Court of Madhya Pradesh, Gwalior Bench.

"That the Central government/state government and its functionaries would refrain from using the nomenclature "Dalit" for the members belonging to Scheduled Castes and Scheduled Tribes as the same does not find mentioned in the Constitution or any statute," the order had said.

Pointing out that the Central government had earlier issued instructions that the words "Harijan" and "Girijan" should not be used, the circular said accordingly the Karnataka government also had issued a Government Order in 2010.

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