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

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 20,2020

Hubballi, Apr 20: Dejected over failure to get alcohol for almost one month, a forty-five year old man and his sister died after consuming hand sanitizer in Kalghatgi taluk of Dharwad district on Sunday.

The deceased persons, identified as Basavaraj Venkappa Kuruvinkoppa and Jambavva Kattimani (50) of little hamlet Gambyapur, died at Karnataka Institute of Medical Sciences (KIMS).

The wife of the deceased person has lodged a complaint at Kalghatgi police station stating that her husband had been addicted to alcohol since the last 10-12 years.

Basavaraj and his sister have reportedly consumed hand sanitizer several times since the last 2-3 days, severely deteriorating their health as they felt it is replacement for liquor and has high levels of spirit content.

They were admitted to KIMS only by Sunday early morning after complaining of serious pain in the stomach. The KIMS director Dr Ramalingappa Anthartani said that the deceased appears to have consumed too much sanitizer and the doctors couldn't save their life as they approached the hospital very late.

He also claimed that he is awaiting the postmortem report to know how much quantity of hand sanitizer the deceased had consumed.

"Condition of the patients was very critical when they were admitted to KIMS hospital. It seems that they had drunk too much hand sanitizer for non-availability of liquor. Consumption of hand sanitizer could prove fatal as it has high chemical contents" KIMS director Dr Ramalingappa Anthartani said

The Karnataka government has prohibited the sale of liquor ever since the Centre declared lockdown to control the spread of Coronavirus. This has prompted the alcohol addicts to buy liquor by paying hefty prices in the black market.

But, many poor people in villages have started consuming cheaper hooch and this trade has recently flourished in the rural areas.

Hooch trade has also prompted officials of the excise department to conduct raids in several villages of North Karnataka region. The many theft cases of liquor shops are reported in Karnataka as drunkards have become desperate to get alcohol.

The Karnataka government was planning to allow the sale of liquor after the end of the first phase of lockdown. But, the rising cases of Corona positive cases has prompted it to extend the ban on liquor sale until May 3.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
March 14,2020

Bengaluru, Mar 14: Bus-stands and railway stations in this IT city wore a deserted look on Saturday and malls, cinemas, pubs and night clubs remained shut as part of the lockdown announced by the state government following the country's first coronavirus fatality reported from Karnataka on March 12.

Six people in Karnataka have contracted the virus including the 76-year-old man who died due to this disease from Kalaburagi in the state.

A day after chief minister B S Yediyurappa announced the shutdown for a week, the usual rush at the Central bus-stand was missing.

"Since yesterday there is slackness. Today again we are witnessing the same," a Bangalore Metropolitan Transport Corporation official told PTI.

The Karnataka State Road Transport Corporation, which runs inter-city and inter-state buses, too has seen a decline in its revenue.

"For the past five to six days we are seeing a drop of Rs 32 lakh to Rs 35 lakh in our daily revenue of Rs eight crore," Bengaluru divisional controller B T Prabhakar Reddy said.

On March 13, Yediyurappa issued instructions to stop all kinds of exhibitions, summer camps, conferences, fairs, marriage, sports and engagement events and birthday parties state-wide for a week from Saturday.

Business at pubs and aars have taken a hit due to the virus threat.

"Our businesses have suffered somewhere between 40 per cent and 70 per cent.

It is very difficult to cope with the situation," said Manu Chandra, Bengaluru chapter head of National Restaurant Association of India.

In Chitradurga district, the annual Rathayatra was cancelled whereas in Bengaluru, a temple displayed a board that it will not distribute any 'teertha' (holy water) or 'prasad' (offering) to devotees in view of the coronavirus scare.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
February 16,2020

Bengaluru, Feb 16: Radhakrishnan V Nair embarked on a journey of exploring complex subjects and opening up the cocoon of existence that puts people in a zone of comfort. One sole mission of the book is to encourage the readers to break out of that comfort zone.

The architect by profession has a novel to his credit, 'The Cave of Freedom' that had earned him critical acclaim from Jnanpith Awardee UR Ananthamurthy. On February 13, a discussion and the reading of his book had the audience riveted to their seats.

The launch of the book on February 13 at Bangalore International Centre was presided over by Bhaskar Rao, Commissioner of Police, Bengaluru, along with Vasudev Murthy, Technology Management Consultant, leadership trainer and author and Ramessh RK, an industrial designer and choir singer who read out passages from the book.

'Radhakrishnan is trying to inspire you to discover the pleasure of breaking the glass barrier along with the protagonist Dr Prateek. The story 'burst out'", said Radhakrishnan when it could not be contained any longer.

The glass ceiling saw a lot of interest from the audience present. The book includes Dr Prateek who is obsessed with saving lives in the Emergency Room (ER) as the world slept. Then on an eerie rainy night, he is kidnapped.

He struggles to come to terms with the improbability of waking up somewhere in Europe and making his serendipitous escape and being back at work the next morning - all physically impossible from the point of view of time and locality.

The glass ceiling challenges you to see tragedies and their impact on a person's mental well-being from a different perspective.

Radhakrishnan V Nair is an architect by profession and runs his Bengaluru-based firm - Archaid, the tagline of which is 'Architecture in Collaboration with Nature'.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.