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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coastaldigest.com news network
May 20,2020

Bengaluru, May 20: An Air India flight from Dammam in Saudi Arabia landed here with 161 passengers, including 85 for Karnataka and 76 to Hyderabad, an official said on Wednesday. Among Karnataka passengers there were both Bengalureans and Mangalureans.

"AIC-1910 (Airbus A321-211) landed at the city airport at 8.45 p.m. and 85 passengers, including 9 women and one infant alighted here, while 76 will fly to Hyderabad," the airline official said. 

The flight was 45 minutes behind schedule to Bengaluru.

The airline staff and the state government officials received the returnees in the arrival terminal and gave them masks to wear and sanitizer to wash hands.

All the passengers would be screened with thermal device to read their body temperature though only asymptomatic were flown back.

After completing formalities, including immigration check and filling the self-declaration form, the returnees were taken in state-run buses in batches for 14-day institutional quarantine in hotels and resorts across the city.

Passengers have to download the mandatory Quarantine app on their mobile phone before leaving the airport for contact tracing later.

Another evacuation flight from Kuala Lampur in Malaysia to Bengaluru has been cancelled due to Amphan cyclone over the Bay of Bengal that hit the Odisha and West Bengal on the east coast.

The service was the fourth to the southern state in the second phase of Vande Bharat Mission, the national carrier and its Express arm are operating to repatriate thousands of Indians, including distressed workers, migrants, students, senior citizens and tourists, stranded overseas since the government suspended international flights on March 23 and enforced an extended lockdown on March 25 to combat Covid-19 spread.

The first flight in the second phase landed on Monday night at Mangaluru on the state's west coast, with 177 passengers from Dubai in the UAE.

The second flight to the southern state from Kuala Lumpur in Malaysia landed here (Bengaluru) on Tuesday evening, with 94 passengers.

The third flight from Muscat in Oman landed here at 6.31 p.m. on Wednesday evening and at Mangaluru on the state's west coast at 8.01 p.m.

The remaining flights to Karnataka will land in Bengaluru and Mangaluru over the next 13 days till June 3 from 12 more destinations the world over.

In the first phase of the mission from May 7-17, the airline and its arm flew 6 flights to the state from May 11-15, bringing in 800 passengers, including 623 to Bengaluru and 177 to Mangaluru from London, Singapore, San Francisco and Dubai.

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News Network
June 5,2020

Udupi, Jun 5: Senior BJP leader and Lok Sabha member Shobha Karandlje accused members of Tablighi Jamaat of spreading Coronavirus, particularly in slums, in Bengaluru.

Speaking to newsmen here Friday night, she said that the members had intentionally spread the virus in Siddique Layout and Padarayanapura. Members had hatched a conspiracy to destroy the country. She would raise the issue with the central government.

She said that New Delhi and Maharashtra were responsible for rising Covid-19 cases in the country. Highlighting the programmes, introduced by Modi-led NDA government for the past six years, she blamed Covid-19 for the collapse of the economy. But for Covid-19 Modi government at the Centre would have been a leader in the world,” she added.

She said 13,541 people, stranded in other States and foreign countries, had returned to Udupi. “We have sufficient beds in the district to tackle the situation. But if more people decide to travel to Udupi, arranging quarantine facilities would be a huge challenge,” she added.

Comments

samy
 - 
Saturday, 6 Jun 2020

Man politics is like a car, in which being stephine has more perks..

Abdullah
 - 
Saturday, 6 Jun 2020

See her how she looks like !

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News Network
January 2,2020

Bengaluru, Jan 2: Former chief ministers of Karnataka Siddaramaiah and H D Kumaraswamy on Thursday launched a scathing attack on Prime Minister Narendra Modi as he embarked on a two-day visit to the state attend events in Tumakuru and Bengaluru. In a series of tweets, the Congress and the JD(S) leaders took a dig at Modi for his alleged failure on various fronts.

"You did not visit Karnataka when it was devastated by floods, you did not visit Karnataka when our farmers cried for help, but all of a sudden, when you want to launch your political propaganda, you remember the innocent people of Karnataka. Wah Modi Wah!!" Siddaramaiah tweeted.

In another tweet, the Congress leader claimed Karnataka is starved of Central government funds as there were no adequate flood relief, no GST revenue loss compensation and there was a delay in the transfer of grant-in-aid.

He further said, "Before attempting to fool our people, let the people of Karnataka know when they will get their due share!" He also sought to know from Modi why the 25 MPs from Karnataka have 'turned off' their engines.

"With 25 MPs from BJP and a state government with BJP, people hoped for a double engine. Instead, all BJP representatives have turned off their engines and have become sycophants to play a tune to your idiosyncrasies. Why, are they scared of you?" Siddaramaiah said.

Seeking an explanation on various incomplete projects, the Congress leader said, "Mr Narendra Modi, people are fed up of your lies and double-edged sword comments. We want your answer today about long-standing questions on: Kalasa Banduri Yojana, Belagavi border issue, exams in Kannada, Tulu & Kodava in 8th schedule, the list goes on." Kumaraswamy too minced no words as he went on the offensive against the Centre.

In his tweets quoting newspaper reports, he said Karnataka's coffer has dried up, financial position is in doldrums and the revenue has plummeted.

"What's the reason (behind poor economic situation)? The poor economic policies of the Centre. After swallowing the GDP and development of the country, the wrong policies have affected the state too," alleged Kumaraswamy.

Quoting reports, Kumaraswamy said the Centre has denied the state's share of revenue.

"About 5.44 per cent of state's share is yet to come from the Centre. This is step-motherly attitude of the Centre towards the state," Kumaraswamy tweeted.

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