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
July 31,2020

Bengaluru, Jul 31: Gyms in Bengaluru carried out sanitation work on Thursday following the Centre's nod to reopen gyms from August 5, after several weeks of COVID-induced lockdowns.

"We are taking all the precautionary measures prescribed by the government and will follow the guidelines very strictly. A thermal scanner, oximeter and hand sanitizers have been placed at the entrance of the gym. 

We request all other gym owners also to follow the guidelines strictly to keep their members safe and healthy," said Prasad Kumar, a gym owner in Bangalore.

He added, "The last few months have been very difficult for us gym owners and fitness instructors. We are very grateful to the government for allowing us to re-open. 

We are going to be very cautious when we open. Even before this COVID-19 pandemic, we used to sanitise all the equipment before and after every use so hopefully, this won't be too difficult for us. We are getting rid of the air conditioners to allow cross ventilation and open the space a little more."

According to Chandu Gowda, an actor and frequenter of the gym, working out at home was not the same as working out in the gym with the proper equipment.

"I'm very glad that I get to come back and work out as I used to before this lockdown. For an actor, working out is extremely important, not just for my physical health but also mental health. 

Doing exercises at home is never as good as exercising in a space dedicated to one purpose. I hope other members of the gym follow the rules and regulations religiously," Gowda said.

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News Network
June 11,2020

Mangaluru, Jun 11: Amid rising COVID-19 cases in the district, the officials of Pilikula Zoological Park are also following quarantine policies for animals similar to those for people arriving in the state from other places.

Zoo officials said that these rules apply only for animals that are brought from other locations.

The officials are keeping animals brought in a separate room for one to two months and their health is monitored by expert Doctors. If there are no symptoms of any diseases, the animals will be clubbed with other Zoo animals.

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coastaldigest.com news network
July 7,2020

Bengaluru, Jul 7: Vasudeva Maiya, former CEO of Sri Guru Raghavendra Co-operative Bank, was found dead in his car in Bengaluru on July 6.

The Subramanyapura police have begun an investigation into Vasudeva Maiya's death.  Source said that he committed suicide. He was a native of Kota in Udupi district.

The car was found parked a little away from Maiya's house at around 6.30 pm on July 6.

The Reserve Bank of India (RBI) had in January imposed restrictions on Sri Guru Raghavendra Co-operative Bank and limited withdrawals to Rs 35,000 by customers.

On June 18, Anti-Corruption Bureau (ACB) raided five offices of Sri Guru Raghavendra Co-operative Bank, in relation to alleged misappropriation of Rs 1,400 crore.

The RBI, Enforcement Directorate, Criminal Investigation Department, and Registrar of Cooperative Societies are looking into the financial irregularities at the lender.

The police also conducted searches at residences of Maiya and the bank's chairman K Ramakrishna in relation to the above mentioned case, sources said.

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