Hadiya case: No court can annul marriage between two consenting adults, says SC

coastaldigest.com news network
February 22, 2018

The Supreme Court of India on Thursday, Feb 22, observed that no court can annul marriages between two consenting adults or resort to a “roving enquiry” on whether the married relationship between a man and woman is based on consent.

The Bench led by Chief Justice Dipak Misra defined the limits of the court's jurisdiction in Hadiya case.

“Can a court say a marriage is not genuine or whether the relationship is not genuine? Can a court say she [Hadiya] did not marry the right person? She came to us and told us that she married of her own accord,” Justice D.Y. Chandrachud observed.

Ms. Hadiya, the 26-year-old Homeopathy student converted to Islam and subsequently married a Muslim man. The marriage was annulled by the Kerala High Court, which said it was “sham”. Her father, Asokan K.M., alleged that she was indoctrinated by a “well-oiled network” who is a front to recruit Indian citizens and traffick them abroad to strife-prone countries like Syria to work as “sex slaves”. However, Hadiya has repeatedly stated that her father had been telling blatant lies to separate her from her husband.

“She said on the telephone to her father that she wants to go to Syria to rear sheep. There may be fathers who receive such news with calm and fortitude, but this father was alarmed,” senior advocate Shyam Divan, for Mr. Asokan, addressed the Bench. Mr. Divan said his daughter is a victim of an “enormous trafficking exercise”.

Justice Chandrachud countered that if there was trafficking of citizens involved, the government had the power to stop it on the basis of credible information. If citizens are travelling abroad to be part of a manifest illegality, then too, the government has the authority to stop them.

“But in personal law, we cannot annul marriages because she did not marry the right person,” Justice Chandrachud told to Mr. Divan.

Chief Justice Misra said Ms. Hadiya's father may still view her as a child who was enticed or attracted by some kind of extraordinary situation. “But she is an adult,” Chief Justice Misra pointed out.

Chief Justice Misra said “What troubles us is there is a roving enquiry on the marriage of two consenting adults to find out whether was consent.”

The National Investigating Agency (NIA) had been probing the case and what they claim to be several other similar cases of “brainwashing”, radicalisation and indoctrination in Kerala. In the previous hearing, the court had told the NIA to stay away from prying into Ms. Hadiya's choice to marry Shafin Jahan.

But Mr. Divan said the Kerala High Court was “absolutely justified” in annulling the marriage, considering the particular circumstances of the case and the material before it that there was a network involved behind the conversion and marriage of Ms. Hadiya.

Countering Chief Justice Misra's observation that courts cannot intervene in a marriage between adults, Mr. Divan classified Ms. Hadiya as a “vulnerable adult” who still needs protection.

“This is a case exactly in which marriage is being used as a device to keep her [Hadiya] outside the reaches of the court,” Mr. Divan submitted.

In an intervention, senior advocate Kapil Sibal, for Mr. Shafin Jahan, said Mr. Divan was being “unfair” to the court. Mr. Sibal denied that Ms. Hadiya said she wanted to go to Syria for sheep farming. Instead, it was her father, upset by her conversion to Islam and subsequent marriage, who told her that she would be trafficked to terrorist countries. The court scheduled the next hearing on March 8.

Comments

Based on SC ruling  on Wrong judgement for simple cases  by the High court shows incompetency of the judges.

The marriage of 2consented parties can not be annulled by the court, even if it is wrong religiously, still they have access to have court marriages.

Very pity High court judges commit simple mistakes. A layman would never do such errors.

 

Based on SC ruling  on Wrong judgement for simple cases  by the High court shows incompetency of the judges.

The marriage of 2consented parties can not be annulled by the court, even if it is wrong religiously, still they have access to have court marriages.

Very pity High court judges commit simple mistakes. A layman would never do such errors.

 

 

Mohammed
 - 
Thursday, 22 Feb 2018

They need life.. they need justice

Suresh Kalladka
 - 
Thursday, 22 Feb 2018

Her father is an insane i think. Father making all issues with help of some saffrons

Sandesh
 - 
Thursday, 22 Feb 2018

Why they didnt reveal they got married.. They covered that in court.. 

Mohan
 - 
Thursday, 22 Feb 2018

Court wasted much money and time for this. Let them live freely. They are not minor. They can take decisions

Rizwan
 - 
Thursday, 22 Feb 2018

Truth will prevail, and falsehood will perish.

Kumar
 - 
Thursday, 22 Feb 2018

Thank God.. SC stands for justice. 

Ganesh
 - 
Thursday, 22 Feb 2018

Media, Saffrons and SDPI people made Hadiya case worst. They dragged this to court, NIA.

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News Network
April 2,2020

Kasaragod, Apr 2: Kerala reported 21 new cases of coronavirus with eight from the worst affected Kasaragod district, taking the tally of active patients to 256, Chief Minister Pinarayi Vijayan said on Thursday.

Besides, Kasaragod, five positive cases have been detected from Idukki, two from Kollam and one each from Thiruvananthapuram, Pathnamthitta, Thrissur, Malappuram, Kozhikode and Kannur, he told reporters here.

At least 1.65 lakh people are under survillence in the state, 643 in various hospitals.

Presently, 256 people are under treatment for the virus in the state where two fatalities have occurred, Vijayan said.

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News Network
February 29,2020

New Delhi, Feb 29: The arsonists, who were allegedly hired by the pro-CAA politicians in Delhi to unleash violence against Muslims, did not even spare the residence of Border Security Force personnel Mohammed Anees.

While the jawan, who has spent three years guarding the borders along Jammu and Kashmir, had hoped that his job profile mentioned on the nameplate hung outside their two-storey house would discourage the vandals, he was proved wrong. 

The nameplate on house number 76 in Khas Khajuri Gali clearly mentioned it was the property of a security force personnel who protects India’s borders from foreign invasions. Yet, it was burned down on the afternoon of February 25.

First, the ruthless goons set the vehicles parked outside the jawan’s house on fire, then they torched his home. Stones were also pelted at his house amid slogans of “idhar aa Pakistani, tujhe naagarikta dete hai” (Come here Pakistani, get your citizenship). 

Apart from Anees, his father Mohammed Moonis, 55, uncle Mohd Ahmed, 59, and 18-year-old cousin Niha Parveen were in the house. Sensing what was about to go down next, they all escaped from the house, and were helped by paramilitary troops.

Charred remains of the house now stand where the house was till three days ago. In the two lanes of Khajuri Khas near Anees’s house, 35 houses were set on fire. 

The loss suffered by the BSF soldier’s family was perhaps greater as they had kept all their life’s savings inside: two weddings in the family were to take place in the next three months.

Niha Parveen was to get married in April and Anees himself was to get married the following month. “All the things we collected all our life, jewellery – two gold necklaces, silver jewellery, it is all gone,” the family said.

“We used to buy jewellery on instalments… used to give money every month and collected this jewellery,” they said. Rs 3 lakh in cash for the wedding arrangements also got burnt along with other valuables and all their belongings.

Khajuri Khas is a Hindu-majority area, but Anees’s family says no neighbour of theirs was involved in the attack. “People came from outside.” Instead, their Hindu neighbours were asking the rioters to leave. They requested them to leave and helped douse the vehicles on fire.

Comments

Angry Indian
 - 
Sunday, 1 Mar 2020

India now divided into 3 section..

GOOD Hindus, Muslim & Evil Hindutva.

 

we Good hindus and muslim must unite to save the great india.

 

from now onwards every good hindu and muslim must keep weapon in his home like petrol, sword, sharp knife, hammer etc..

 

when the evil hindutva terror enter your house you shoul fight till death...these dogs only attack in number...if few they run..

 

before you die atleast kill one hindutva terror dog..

 

 

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News Network
January 3,2020

Chamarajanagar, Jan 3: The residents of Galipura layout in Chamarajanagar city boycotted the annual Community Based Survey (CBS), conducted by the Health and Family Welfare department, mistaking it to be the National Register of Citizens (NRC).

Majority of the residents in the layout belong to Muslim community. The people, who mistook CBS to the NRC survey, got into arguments with the Asha workers, who were given the responsibility of collecting information. They even tore the forms into pieces and vent their ire.

The Health Department conducts CBS every year in the urban areas and collects all details including Aadhaar number, residential address, details of family members, health problems and others.

Fifteen Asha workers were deputed for the survey in the layout. A few youths started questioning them alleging it to be an NRC survey and started arguing with them.
Tahsildar Mahesh, District Health and Family Welfare Officer Dr N C Ravi, with the help of Muslim leaders cleared the confusion. The community leaders assured of explaining it to the residents and extend cooperation to the survey.

Comments

abdullah
 - 
Sunday, 5 Jan 2020

Its not the fault of the residents.  Sanghis are planning to approach citizins disguised as health workers and else to get  details of residents.   such trouble makers should be noted and handed over to police.   Police should arrest such fake people and put in jail.   such fake people are trying to terrify poors and collect money assuring to help them.   So, please be careful.   

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