Miscarriage of Justice by High Court in Hadiya's Marriage Case

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Former Chief Justice of India Deepak Mishra said in Shafin Jahan v. Asokan K.M- Rainbow is described by some as the autograph of the Almighty and lightning, albeit metaphorically, to be the expression of the cruelty of otherwise equanimous nature. When the comparison is elaborated in conceptual essentiality it can be said that if the state or private person throttled the individual choice to marry and if their liberty is smothered and strangulated then acrimony may rise as a result of which indecent brutal and honor killings do happen. This type of countenance is not permissible under the law. The state is required to protect the rights of citizens.

 

But In Shafin Jahan v. Asokan K.M (2018) also known as Hadiya's Marriage Marriage Case. The State supported the father of Hadiya(girl) as he was trying to strangulate her choice in adhering to the faith and to live with the men with whom she married. It was clear from the fact that his father has considered women as a chattel and he can throttle her voice. In this case, a writ petition under Article 226 of the Constitution of India was filed in the High Court. But the Court declared their marriage annulled. This decision was criticized by the Supreme Court. The Supreme Court held that Men and Women have their own private space and no one can intrude in it, not even law or any Judge. The High Court can't declare their marriage no matter whether they have the view that the girl is weak and vulnerable and anyone can exploit her. This was a miscarriage of justice as the girl was major and the Court held their marriage annulled because it was their view that she is still weak and vulnerable. The court also held that the Right of the party to choose their partner is the intimacy of the marriage, the state can't intrude into such matters. The Constitution of India also protects such rights of the citizen. Therefore, the marriage was declared valid and their rights were safeguarded while the judgment of the High Court was set aside.

 

 

 

 

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