Bombey High court asks Devendra Fadnavis govt is Minor in tribal belt getting nutritious food.

A division bench of Justices N H Patil and G S Kulkarni of Bombey High court has sought to know from the Maharastra BJP government to know from the Maharashtra government  regarding the distributes nutritious food to children and lactating mothers living in the tribal belt of the state. The court  raised the question earlier this week while hearing a bulk of PILs highlighting increase of graph in malnutrition deaths and illnesses among the population living in the Melghat region of Vidarbha and other tribal areas across the Maharashtra.

Different benches of the high court have passed several orders on the issue over the last two years, directing the government to ensure that people in the tribal areas get adequate nutritious food, proper health care, sanitation and education facilities.

The court took the chart on record and asked government about its planning and policies  to know what needful exercise being taken to provide food to children and lactating mothers.

On July 17, the government submitted before the HC a chart indicating the number of health camps held in Melghat, Amravati district, to address the issue of malnutrition.The chart also shows about the government  strategy to take appropriate steps for the children, new born, and women so as to provide them medical aid.

“The government pleader shall take instructions as to whether the departments concerned of the state machinery distribute nutritious food to children and lactating mothers,” the court said.

The bench posted the petitions for further hearing on August 1.

The Higher court also instructed government to keep checking and put a close watch on the departments of the state machinery distribute nutritious food to children and lactating mothers.

 

 

SC agrees for urgent listing of pleas against ‘nikah-halala’, polygamy

New Delhi: The Supreme Court today agreed to consider listing of a batch of petitions challenging the practices of polygamy and ‘nikah halala’ among Muslims.

A bench comprising Chief Justice Dipak Misra and justices A M Khanwilkar and D Y Chandrachud considered the submissions of senior advocate V Shekhar that the petitions be listed before a five-judge constitution bench for final adjudication.

“We will look into it,” the bench said.

Shekhar and lawyer Ashwini Upadhyay, appearing for one of the Delhi-based petitioners Sameena Begum, alleged that she was threatened and asked to withdraw her petition challenging ‘nikah halala’ and polygamy among Muslims.

The bench, meanwhile, allowed Additional Solicitor General Tushar Mehta, appearing for the Centre, to file a response to the petition on the issue.

Nikah-halala is a practice intended to curb the incidence of divorce under which a man cannot remarry his former wife without her having to go through the process of marrying someone else, consummating it, getting divorced and observing a separation period called ‘Iddat’ before coming back to him.

The petition, filed by the Delhi-based woman, has said that by virtue of the Muslim Personal Law and Section 494 of the Indian Penal Code (marrying again during lifetime of husband or wife) was rendered inapplicable to Muslims and no married woman from the community has the avenue of filing a complaint against her husband for the offence of bigamy.

Mother of four alleges husband gave her ‘talaq’ over phone

 A 36-year-old woman in Manjhanpur Kotwali area here has alleged that her husband divorced her over phone, police said today.

Rozi Begum, a mother of four, had left for her parents’ house some time ago without informing anyone because of continued discord with her husband Sohrab. She returned on Saturday to find that her husband and in-laws had gone to their native place in Mughalsarai in Chandauli district.

“When Rozi phoned her husband to know about their whereabouts, he gave her instant divorce over phone by uttering ‘talaq’ thrice and told her that he would no longer live with her,” a police official said.

“Based on the woman’s complaint, a case has been filed against Sohrab under various sections of the Domestic Violence Act,” Superintendent of Police Pradip Kumar said, adding that efforts were on to nab him.

In the recently-concluded winter session of Parliament, the Lok Sabha passed a landmark bill making talaq-e-biddat or instant triple talaq a “cognisable and non-bailable offence”.

The bill recommends maximum three-year imprisonment for any Muslim man who gives instant divorce to his wife by uttering the word talaq three times in quick succession. The bill also provides for subsistence allowance to Muslim women and custody of minor children as may be determined by the magistrate.
Though the bill was tabled in the Rajya Sabha, it could not be passed as the Parliament was adjourned till budget session. Opposition members in Upper House had demanded that the bill be referred to a select committee.

Source : PTI

Dowry death : HC sends husband, father-in-law in Tihar jail

A man and his father have been sentenced to varying jail terms of life imprisonment and 10 years by the Delhi High Court in the dowry death case of his wife, who ended her life after consuming pesticide.

The high court upheld the conviction and sentence of the father-son duo, who were held guilty of harassing and cruelly treating the woman for dowry which led to her death in May 1998.

“A careful analysis of the testimony of prosecution witness 1 (brother of victim), which in our view is truthful and reliable and corroborated by the fact that the demands were made even in the past and in fact, succumbing to the demand, Rs 50,000 were paid in three installments, we are of the view that the trial court had rightly convicted the two appellants for dowry death,” a bench of Justices G S Sistani and Sangita Dhingra Sehgal said.

The court, which upheld the conviction of the victim’s mother-in-law, brother-in-law and sister-in-law for the offence of harassing her, absolved them of the charge of dowry death saying no specific incident was mentioned by witnesses to show that they had tortured or demanded dowry from the deceased and her parents just before her death.

They were sentenced to imprisonment already undergone by them during the trial before the lower court.

The woman’s in-laws had moved the high court challenging the trial court’s judgment.

Regarding the woman’s husband and her father-in-law, the high court said it has emerged from the evidence that they had demanded Rs two lakh for the purpose of business.

It asked the two men, who are out on bail, to surrender before Tihar Jail and serve their sentence.

The man and his family members had denied the allegations and claimed that there was no harassment to the woman.

According to the prosecution, the woman and the man had got married in December 1996 here and her parents had given a number of dowry articles including jewellery, car, and electronic appliances.

After two months of marriage, the woman’s in-laws started harassing and taunting her and made several demands, it had said.

In May 1998, the woman’s husband left her at her parental house and refused to take her back unless her parents give him Rs two lakh. Her parents, however, sought time to arrange the money and sent her back to her matrimonial house, it had said.

On the next day, when the woman’s brother called her, he was informed by her in-laws that she was lying unconscious and when he reached their house, the woman was taken to hospital where she died the same day.

Source : PTI

HC seeks govt reply on plea to fast-track child custody cases

The Delhi High Court has sought the Centre’s response on a PIL seeking direction to formulate guidelines for expeditiously resolving issues of custody and maintenance concerning minors arising from the now rampant practice of “inter-parental child abduction”.

A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar has issued notice to the Ministry of Law and Justice on the matter.

The court has fixed the matter for further hearing on December 13.

The plea claims that there has been a paradigm shift in matrimonial cases mostly impacting children who largely bear the brunt of the custody fight between parents.

The court was hearing the public interest litigation (PIL) by an NGO, Art of Learning Foundation, seeking formulation of appropriate guidelines to be followed by judicial officers while dealing with matters involving children instead of the subjective approach being currently adopted by them.

The NGO, represented through its secretary Kaadambari, also highlighted the inordinate delays during court proceedings which frustrate the objective of providing quick relief to the affected children.

The PIL has emphasised the need for appointing professionally qualified counsellors for the family and the affected children and sought directions for mandatory holding of sensitisation workshops for all judicial members dealing with matrimonial matters.

It has also sought directions for circulation of guidelines for selection of judges who can be assigned the responsibility of dealing with matrimonial matters which involves special sensitisation and understanding of human psychological and emotional milieu.

Another issue raised by the NGO regarding the deprecatory practice of making slanderous allegations in the open court by one party against the other and complete absence of the criteria of joint parenting.

“Issue urgent and immediate direction to all the family courts of Delhi to dispose off all the matters relating to visitation and custody petitions pending before them within a period of two months and to decide the main custody petition within a period of not more than six months by making family court fast track courts,” the plea urged.

The court took due note of the absence of guidelines on child rights and the concept of joint parenting and directed the NGO to suggest guidelines on the matter for the consideration of the court.

Soundarya files divorce petition in family court

Soundarya files divorce petition in family court
Soundarya files divorce petition in family court

Superstar Rajinikanth’s younger daughter Soundarya today filed a divorce petition in a family court here.

Soundarya and Ashwin Ramkumar tied the knot at a grand wedding ceremony in 2010 which was attended by the who’s who of the film, politics, and business world. They have a one-year-old son, Ved.

Claiming difference of opinion between them, a mutual consent divorce petition was filed in a family court.

After reports about her troubled marriage came out in September, Soundarya confirmed that she has separated from her industrialist husband and said that divorce talks are on.

“News about my marriage is true. We have been separated for over a year and divorce talks are on. I request all to respect my family’s privacy,” the “Kochadaiiyaan” director had tweeted in September.

Soundarya is a graphic designer and filmmaker.

( Source – PTI )

Malaika, Arbaaz attend counselling session after filing for

Malaika, Arbaaz attend counselling session after filing for
Malaika, Arbaaz attend counselling session after filing for

Bollywood actress Malaika Arora Khan and Arbaaz Khan attended their first counselling session after filing for divorce by mutual consent.

The couple filed for divorce last month and attended the first mandatory counselling session on November 29 in Bandra Family Court.

According to family court sources, on Tuesday they were given counselling in the family court and asked whether any force was used to separate them. Both said they wanted divorce by mutual consent.

The case is now adjourned to May 2017.

Malaika and Arbaaz announced their separation early this year after mutually deciding for the dissolution of their marriage.

Reports of troubles between them started doing the rounds when the duo stopped appearing together on a TV series they were hosting.

After the initial episodes, only Arbaaz anchored the show while Malaika went missing, only to return to shoot for the finale.

Even after announcing their split, the couple were seen together at social events maintaining a cordial relationship.

( Source – PTI )

HC dismisses Muslim woman’s appeal against divorce

madras-high-courtThe Madras High Court has dismissed an appeal by a woman seeking to set aside the “forged” ‘khula’ produced by her husband on the basis of which a cleric granted a fatwa dissolving the marriage.

S Basheria submitted she was married to T C A Mohamed Yusuf, a beef merchant on August 20, 1987 as per Islamic customary rites and practice and the marriage was duly recorded in the Nikah register of a local mosque.

She came to know that in July 2006, her husband had got married to another woman at his native place and was living with her separately.

She submitted that her husband had obtained a fatwa from the government chief Kazi dissolving her marriage with her husband by producing forged letter alleged to have been written by her.

She contended she had not opted to get divorce from her husband.

Though she submitted a representation to the Kazi asking to intervene in the matter, he informed he gave his opinion based on the letter of her husband.

She submitted she was approaching the court to call for the records of the Kazi in the Khulanama certified by the Kazi and for a consequential direction to respondents to pay her and her children Rs 7 lakh as damages.

The division bench said the court cannot go into question of facts and only can go into the question of law.

While concurring with the order of single judge, the bench said, “For the very allegations made by the appellants criminal proceedings have already been initiated and the same are pending before the criminal court. The veracity or otherwise of the allegations can be gone into by the criminal court after following the due process of law.”

“The fact also remains that the criminal proceedings and the claim with regard to the relief sought in the writ petition are independent of each other. The allegations made by the appellants are disputed questions of fact.”

It is well settled that the disputed questions of fact cannot be gone into by this court under Article 226 of the Constitution.

“Hence, in our considered opinion, the writ petition is not maintainable, as the appellants have to work out their remedy only before the appropriate forum or authority under the appropriate law.”

“The learned single judge has dealt with the matter in detail and rightly come to the conclusion. Therefore, we do not find any infirmity with the order passed by the learned single judge,” the bench said.

Man jailed for 10 yrs for raping & threatening woman

murderA man has been sentenced to 10 years in jail for raping a woman and threatening her, with a Delhi court rejecting his claim that it was an extra-marital affair.

The court convicted Delhi resident Joginder Yadav while relying on the woman’s sole testimony.

“I am of the opinion that prosecution has proved its case beyond reasonable doubt that accused Yadav had committed rape upon prosecutrix and threatened her with dire consequences,” Additional Sessions Judge Shail Jain said.

The judge further said: “I am of the opinion that sole testimony of the prosecutrix is sufficient enough to convict the accused as there is no infirmity or inconsistencies in the testimony of the woman.”

The court rejected the man’s contention that physical relations between him and the woman were consensual and it was an extra-marital affair.

It also disagreed with his submission that the woman’s husband had taken some money from him and when he wanted it back, they implicated him the false case.

The prosecution said the incident took place in January 2013, when Yadav came to the woman’s house when her husband had left for the office but two of her three children were at home. Yadav and the woman lived in the same locality.

It said the man raped her and when she tried to raise an alarm, he threatened to kill her. When the man was going out of the woman’s house, she injured her with a knife but he managed to escape.

The woman informed her neighbour about the incident and telephoned her husband. The couple then lodged an FIR against Yadav at Kirti Nagar Police Station in West Delhi.

During the trial, Yadav denied the allegations and claimed he was falsely implicated.

Court grants 2-day interim bail to officer after kin’s suicide

Court grants 2-day interim bail to officer after kin's suicide
Court grants 2-day interim bail to officer after kin’s suicide

A special court today granted two-day interim bail to graft accused Director General Corporate Affairs B K Bansal to attend the last rites of his wife and daughter, who allegedly committed suicide.

Special CBI Judge Gurdeep Singh granted the relief to Bansal till July 22 and said that after yesterday’s incident (of suicide), its time for the probe agency to rethink whether it is necessary to arrest the accused in such cases.
“These are not the conventional crimes like murder. Earlier, CBI used to not arrest in such cases. The evidences are mostly documentary in nature,” the judge said while noting that the accused are public servants.

The court allowed the plea moved by advocate Uma Kant Kataria, appearing for Bansal, who submitted that his client’s presence was required for the last rites of his wife and daughter and that his own health condition was not good.

In its reply to Bansal’s application, the probe agency said it has no objection to the interim bail to the accused on “humanitarian grounds”.

Bansal’s wife Satyabala (58) and daughter Neha (28) allegedly hung themselves from ceiling fans in two separate rooms at their residence in Nilkanth Apartments in east Delhi’s Madhu Vihar yesterday.

Both the women left separate suicide notes, saying the CBI raid had caused “great humiliation” and they did not want to live after that. They, however, held nobody responsible for their deaths.

Bansal, an additional secretary-rank officer in the Ministry of Corporate Affairs, was arrested by CBI on July 16 for allegedly accepting bribe from a prominent pharmaceutical company. CBI had carried out searches at eight locations in connection with the case during which the agency had claimed to have made cash recoveries.

(Source : PTI)