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 11,2020

Bengaluru, Feb 11: Onion price dropped to Rs 25-30 per kg on Monday, down from the dizzying Rs 200/kg in December and January. The price had spiked because of excess rain, which ruined the crop in several parts of the country.

With supply stabilising, especially from Maharashtra and northern Karnataka, and exports banned, the rate is now easing, officials said.

Consumers may be smiling but farmers are worried as they are not able to make more than Rs 17/kg as against the expected Rs 40.

"We get onions from Nasik and Sholapur in Maharashtra. Nasik onions used to be exported but since that is currently banned, they are landing in Bengaluru, leaving the market here with a surplus," said K Lokesh, president, Karnataka State Onion Merchants Association.

A farmer from Sholapur wh o was part of a onion growers' delegation which met traders in Bengaluru, said, "The cost of everything has gone up. Labour charges and fuel prices are draining us. How can we survive? How can I pay for my children's education?"

Another Sholapur farmer rued: "My daughter's wedding is in March. How am I going to meet all the expenses? I have to pay for labour, transportation, gunny bags and when everything adds up, I don't get to save more than Rs 30,000 in a month."

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News Network
May 13,2020

Mumbai, May 13: Members of the Muslim community helped in performing the last rites of their 72-year-old Hindu neighbour in Sewri area here after the deceased's relatives could not reach for his funeral due to the lockdown.

Pandurang Ubale, who was paralysed since the last few months, died at his residence in Zakaria Bunder area of Sewri on Monday. He had been staying there along with his wife and son since some decades.

After his death on Monday, his relatives staying in suburban Mulund, Belapur in adjoining Navi Mumbai and Alibaug in neighbouring Raigad district could not come over to his place in the wake of the coronavirus-induced lockdown.

As Ubale's wife and son were unable to make all arrangements for the funeral, they informed their neighbours, who came forward to help and even prepared the bier.

A neighbour, Asif Sheikh, who attended the funeral, said, We knew Ubale uncle since a long time. He always participated in our festivals and we used to be a part of their festivities. We all came forward to bid him a farewell and helped in performing his last rites."

Last month also,some Muslim men carried the body of a Hindu neighbour in suburban Bandra on their shoulders to the cremation ground after the deceased's relatives were unable to attend the last rites due to the lockdown.

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News Network
July 13,2020

Bengaluru, Jul 13: Former Karnataka Chief Minister HD Kumaraswamy on Monday said that the state government should provide vitamin C drug, Ayush Ministry-certified immunity boosters and sanitisers to every household in the wake of the coronavirus spread.

"Karnataka government should provide vitamin C drug, Ayush Ministry-certified immunity boosters and sanitisers to every household to fight against COVID-19," Kumaraswamy told media.

The JDS leader further stated that "appropriate medication should be provided to those who are "symptomatic" by the Karnataka government and added that "by taking such measures the government can halt the spread of the virus."

If the government is not able to provide the health kit to everyone then at least they should give it to the BPL families, he added.

Kumaraswamy also stressed upon organising awareness campaigns about the coronavirus and use of supplements among the masses to prevent themselves from contracting the infection.

According to the Union Health Ministry, Karnataka has recorded 38,843 cases of COVID-19 to date.

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