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
May 4,2020
Bengaluru, May 4: Karnataka Chief Minister BS Yediyurappa has said that the free bus service for migrant workers has been extended by two days in the state.
 
The service was supposed to end on Tuesday, but it has now been extended till Thursday.
 
The Chief Minister has appealed to workers and other people that they can return to their hometowns without having to gather in large numbers at bus stops.
 
He said, "951 KSRTC buses on Sunday were provided in the state for the travel of migrants. About 1,500 passengers have already gone in 50 busses."
 
On Saturday, an estimated 16,500 passengers in 550 buses left for their homes.
 
On Monday two trains will leave for Rajasthan and Bihar, the Chief Minister said.
 
He said in a press release that everyone will be provided with free meals and water before the journey.

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News Network
April 9,2020

Gadag, Apr 9: An 80-year-old woman who tested positive for COVID-19 passed away on Thursday due to cardiac arrest in Gadag, the district's Deputy Commissioner said.

She also had a history of Severe Acute Respiratory Infection (SARI). Her body was disposed of as per the protocol, officials said.

According to the Karnataka Government, 10 new positive cases have been reported in the State today, taking the total COVID-19 cases to 191, including 28 discharged patients and six deaths.

With an increase of 540 positive COVID-19 cases reported in the last 24 hours, India's tally of coronavirus cases has risen to 5,734, said the Ministry of Health and Family Welfare on Thursday.

Out of the 5,734 cases, 5,095 are active COVID-19 cases and 472 patients have recovered while 166 have died.

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coastaldigest.com news network
May 24,2020

Bengaluru, May 24: With 130 new cases, Karnataka's COVID-19 tally crossed the 2,000-mark on Sunday. Most new cases reported have interstate travel history with 97 coming from Maharashtra. The number of active cases in the state is 1,391 and the deaths reported so far is 42, including 2 for non-COVID reasons.

"Ninety seven of the 130 new patients are returnees from Maharashtra, the worst affected state in the country with 47,190 cases till Saturday," said a state health official. 

"The total number of COVID-19 cases across the state is 2,089, with 130 more testing positive in the past 18 hours," said the official.

Forty six patients were discharged from hospitals on Sunday taking the number of cured persons to 634. Of the 46 discharged, 18 are in Davanagere, 20 in Uttara Kannada, 4 in Chitradurga, 3 in Bagalakote and one in Haveri.

Of the 30 Karnataka districts, Chikkaballapura recorded the highest cases on Sunday at 27, followed by Yadgir (24), Udupi (23), Mandya (15) and Hassan (14).

Chikkaballapura is the home district of Medical Education Minister K Sudhakar, a doctor by profession, who is spearheading the fight against the pandemic.

On Saturday, the state's tally shot up to 1,959 due to 196 new cases, the highest single-day rise, with 195 of them crossing over from Maharashtra through the inter-state border, which was opened up as part of partial relaxation of the lockdown.  

The Karnataka government has imposed institutional quarantine on persons traveling in from outside the state, particularly by flight from Maharashtra, Gujarat, Tamil Nadu, Delhi, Rajasthan, and Madhya Pradesh.

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