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A study: Two division benches of the same court, two decisions on similar cases

Published

8 years ago

on

Hadiya

[vc_row][vc_column][vc_column_text]‘Love Jihad’ has been an issue that has been manufactured by extreme right wing activists in the recent past, targeting inter-faith marriages. The target of such fringe hoodlum groups have been to show that Hindu girls (or even Christian girls) are being lured into marriage by Muslim youths, with the idea of involving them in terrorist activities. One such case – commonly known as the Hadiya case – has become famous. This case originated from a division bench of the Kerala High Court.

An almost identical case has arisen in the same court, handled by a different division bench.

Without comment, it would be interesting to see how the two benches have handled the cases.

First, the original Hadiya case

Hadiya , then K M Akhila, was a homeopathy student in Malappuram before she married Shefin Jahan on December 19 last year. They got introduced through a Muslim matrimonial website in August 2016. Two days after their wedding, Hadiya was asked to appear before the Kerala High Court in a habeas corpus petition filed by her parents. Her parents had approached the court alleging forceful conversion.

The court then granted Hadiya’s custody to her father KM Asokan and also directed the Kottayam district police superintendent to provide them protection. The High Court had annulled the marriage on May 24.

Hadiya, then 25, was not happy. Jahan, 27, challenged the high court verdict in the Supreme Court. On August 10, the Supreme Court asked the National Investigation Agency to look into this. That Supreme Court bench was headed by the then Chief Justice J S Khehar.

The top court also ordered the formation of a committee under the chairmanship of former SC judge Justice RV Raveendran. However, Raveendran had refused to head the committee.

Despite Hadiya being an adult, the high court had maintained that the girl was “weak and vulnerable” and susceptible to exploitation, and that “marriage being the most important decision in her life, can also be taken only with the active involvement of her parents.”

The other case

Now the other love jihad case, handled by another division bench of the same court.

On Thursday (October 19) this bench slammed the various religious groups’ campaign against what they call ‘Love Jihad’. The court bench said: “Every case of inter-religious marriage shall not be portrayed on a religious canvas and create fissures in the communal harmony otherwise existing in God’s own country Kerala”.

This division bench, comprising Justices V Chitambaresh and Satish Ninan said this in case – another habeas corpus petition – filed by Anees Hameed, a 25-year-old from Kannur, who was seeking the release of his wife Sruthi Meledath from her family’s custody. This bench ruled that Sruthi be allowed to stay with Hameed and dismissed the woman’s parents’ petitions, as well as a helpline run by a Christian group that wanted to implead itself in the case.

The court said it will “protect the individual liberty of even the lowest citizen of this country and unlock the doors of freedom if there is a faintest doubt that she is unlawfully confined or illegally detained.”

Like Hadiya, Sruthi too had stated in court that after the marriage her family had forcibly kept her away from her husband. Sruthi had been confined to Siva Sakthi Yoga Vidya Kendram near Kochi, which reportedly helps “reconvert” Hindu women who have embraced other religions.

In this case the court’s observations are critical. The bench said: “We are appalled to notice the recent trend in the state to sensationalise every case of inter-religious marriage as either love jihad or ghar wapsi. Disturbing news is coming from several parts of the country that young men and women who undergo inter-caste marriages are threatened with violence or violence is actually committed on them.

“In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country and once a person becomes a major, he or she can marry whosoever he or she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage, the maximum they can do is that they can cut off social relations with the son or the daughter. But they cannot give threats or commit or instigate acts of violence, and cannot harass the person who undergoes such inter-caste or inter-religious marriage,’’ the bench said.[/vc_column_text][/vc_column][/vc_row]

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PM Modi pays tribute to Atal Bihari Vajpayee at Sadaiv Atal, says leadership is defined by conduct

PM Modi paid tribute to Atal Bihari Vajpayee at Sadaiv Atal, saying true leadership is defined by conduct and values, not by position.

Published

19 hours ago

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December 25, 2025

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PM Modi pays tribute to Atal Bihari Vajpayee at Sadaiv Atal, says leadership is defined by conduct

Prime Minister Narendra Modi on Thursday paid floral tributes to former Prime Minister Atal Bihari Vajpayee at the ‘Sadaiv Atal’ memorial in New Delhi on the occasion of his 101st birth anniversary. Remembering Vajpayee’s legacy, the Prime Minister said that true leadership is not established by position, but by conduct.

Several dignitaries were present at the memorial to pay homage to the former Prime Minister, who remains one of the most respected figures in Indian politics.

PM Modi remembers Vajpayee’s conduct and values

In a message shared on social media platform X, Prime Minister Modi described Atal Bihari Vajpayee as a statesman whose behaviour, dignity and unwavering commitment to national interest set a benchmark for Indian politics. He said Vajpayee’s life continues to inspire the nation and highlights that leadership is determined by character rather than authority.

The Prime Minister also shared a Sanskrit verse, noting that the actions of great leaders guide society, and said this principle was clearly reflected throughout Vajpayee’s public life.

‘Nation always came first for Atal ji’

Prime Minister Modi further said that Vajpayee’s birth anniversary is an opportunity for everyone to draw inspiration from his life. He highlighted Vajpayee’s conduct, grace, ideological firmness and resolve to place the nation’s interest above all else as an ideal standard for public life.

Through his life and work, Vajpayee demonstrated that excellence and greatness are shaped by values and conduct, not merely by holding office, the Prime Minister said. The remarks were shared with inputs from media.

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India News

Cried over Gaza, not a word on Bangladesh: Yogi Adityanath attacks opposition in UP Assembly

Yogi Adityanath criticised the opposition in the UP Assembly, accusing them of selective outrage over Gaza while remaining silent on violence against Hindus in Bangladesh.

Published

19 hours ago

on

December 25, 2025

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Yogi Adityanath

Uttar Pradesh Chief Minister Yogi Adityanath on Wednesday launched a sharp attack on the Opposition during proceedings in the State Assembly, accusing rival parties of indulging in selective outrage and appeasement politics while remaining silent on incidents involving Hindus in neighbouring countries, particularly Bangladesh.

Referring to recent incidents across the border, the Chief Minister said the Opposition raises its voice on international issues selectively but avoids speaking out when minorities, especially Hindus, are targeted in nearby nations.

“You shed tears over developments in Gaza, but not a single word comes out when a Dalit youth is killed in Bangladesh,” Adityanath said in the Assembly, alleging that such silence exposes the Opposition’s political priorities.

The Chief Minister further claimed that incidents of violence against Hindus would not have occurred had Pakistan and Bangladesh not been created, reiterating that issues are often viewed through the prism of vote bank politics. He said candle marches are organised for global events, but killings of Hindus in Pakistan or Bangladesh do not evoke similar responses.

Adityanath also called for a condemnation resolution in the Assembly, stating that it should ideally come from the Leader of the Opposition. He said such a resolution should clearly condemn the killing and convey a warning to the Bangladesh government.

Allegations over illegal immigration

Targeting the Opposition on the issue of illegal immigration, the Chief Minister alleged that they support Bangladeshi nationals and Rohingyas. He claimed that when authorities take action to expel illegal immigrants, Opposition leaders come out in their defence, alleging that many of them have been facilitated with voter registrations and Aadhaar cards.

Meanwhile, tensions between India and Bangladesh have been visible following recent developments. India summoned the Bangladesh High Commissioner for the second time in a week amid concerns arising from incidents in the neighbouring country.

The summons came in the backdrop of protests in Bangladesh following the killing of student leader Sharif Osman Hadi and the lynching of Dipu Chandra Das in separate incidents. Dipu Das, a 27-year-old youth from Mymensingh district, was beaten to death by a mob over alleged blasphemy on December 18, and his body was later set on fire, triggering widespread outrage.

The Interim Government of Bangladesh condemned the incident. Education Adviser C R Abrar visited the bereaved family on behalf of the government, expressed condolences, and assured them of financial and welfare assistance. The Office of the Chief Adviser also reiterated its resolve to protect all citizens and ensure justice in the case.

The killing has once again raised concerns at the international level over the safety and security of minorities in Bangladesh, with minority groups demanding strict action against those responsible.

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Christmas 2025 wishes for WhatsApp and Instagram status to share joy and warmth

From faith and kindness to love and joy, here are simple Christmas 2025 wishes you can use as WhatsApp and Instagram status messages.

Published

19 hours ago

on

December 25, 2025

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Merry christmas

As Christmas 2025 is being celebrated across the world, people are marking the occasion by sharing warm messages with family, friends and loved ones. The festival commemorates the birth of Jesus Christ and is observed as a time of faith, kindness and togetherness. Along with prayers, gifts and festive meals, social media platforms like WhatsApp and Instagram have become popular spaces for expressing Christmas greetings.

Christmas is traditionally associated with reflecting God’s love through generosity and compassion, while also strengthening bonds with close ones. Many people choose short, meaningful lines as their social media status to capture the spirit of the day and convey goodwill.

Here is a curated list of loving Christmas 2025 wishes that can be used as WhatsApp or Instagram status messages on the joyful occasion:

  1. Merry Christmas! May your day be filled with love, laughter and your favourite moments.
  2. Wishing you a Christmas as bright and cheerful as your smile.
  3. May your heart be full of joy and your home be filled with love this Christmas.
  4. Sending warm Christmas wishes with a touch of festive magic.
  5. Merry Christmas! May peace and happiness surround you today.
  6. It’s the most wonderful time of the year. Wishing you a Merry Christmas.
  7. May the spirit of Christmas bring love to your heart and warmth to your home.
  8. Wishing you a Christmas that is merry, bright and full of cheer.
  9. May your Christmas be rich with laughter, love and cherished traditions.
  10. Sending love, joy and the warmest Christmas wishes your way.
  11. Merry Christmas! Celebrate the day with family, friends and good food.
  12. Wishing you a Christmas filled with magic, wonder and joy.
  13. May the joy of Christmas stay with you throughout the year.
  14. Wishing you a Christmas as special as you are.
  15. Merry Christmas! Wishing happiness and good fortune always.

These short messages reflect the essence of Christmas 2025 and can be easily shared as status updates to spread positivity and festive warmth.

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