Married woman living with another sans divorce not entitled for protection: High Court

Agencies
January 20, 2021

Since January, cases in Allahabad High Court drop by a fourth | India  News,The Indian Express

Allahabad, Jan 20: The Allahabad High Court has ruled that a married woman living with another person without divorcing husband will not be entitled for protection from the court.

Petitioners Asha Devi and Suraj Kumar had moved the court contending that they both are adults "living as husband and wife", and so no one should interfere in their lives.

Opposing the petition, the state counsel mentioned that Asha Devi was earlier married to Mahesh Chandra and has started living with Suraj Kumar without obtaining divorce which is an offence and thus is not entitled to any protection.

A two-judge bench comprising Justice S P Kesarwani and Justice Y K Srivastava on Monday observed that Asha Devi was still the legally wedded wife of Mahesh Chandra.

As Asha Devi is married, the act of petitioners particularly Suraj Kumar may constitute an offence under Sections 494 (marrying again during lifetime of husband or wife)/ 495 (same offence with concealment of former marriage from person with whom subsequent marriage is contracted) of the IPC, the bench said.

Such a relationship does not fall within the phrase live-in relationship or relationship in the nature of marriage, the judges observed.

Dismissing the petition the court observed, "It is a settled law that writ of mandamus can be issued if the petitioner has a legal right to the performance of a legal duty by the party against whom the mandamus is sought and such right must be subsisting on the date of the petition."

"The petitioners do not have legally protected and judicially enforceable subsisting right to ask for mandamus," it said.

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News Network
October 25,2024

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A recent survey has exposed a troubling rise in anti-Muslim racism across Europe, fueled by heightened conflicts in West Asia and Europe’s increasingly hostile climate for Muslims. The EU Agency for Fundamental Rights (FRA) revealed on Thursday that nearly half of European Muslims faced discrimination in the past five years, with the situation worsening notably over the last year as violence flared in Gaza.

Nicole Romain, a spokeswoman for FRA, confirmed reports of intensified anti-Muslim hate across several EU countries. "Even before the current escalation, it was already becoming increasingly challenging to live as a Muslim in the EU," she said, pointing to dehumanizing rhetoric and profiling practices that target Muslims based on religion, ethnicity, and even physical appearance.

The survey, conducted prior to Israel’s large-scale assault on Gaza, included data from over 9,600 Muslims across more than a dozen EU nations between October 2021 and October 2022. The results highlighted Austria as having the highest rate of discrimination against Muslims at 71 percent, followed closely by Germany (68 percent) and Finland (63 percent). France, home to Europe’s second-largest Muslim population, reported a rate of 39 percent.

Women and children are disproportionately affected, particularly those wearing religious attire such as the hijab. FRA's report sheds light on the pervasive racial profiling Muslims face, from random police checks to discrimination in employment despite high qualifications. Director Sirpa Rautio warned that as conflicts continue to escalate, the impact on Muslims in Europe is likely to worsen, compounding challenges for the EU’s 26 million-strong Muslim population, which makes up more than 5 percent of the bloc's residents.

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News Network
October 29,2024

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Kasargod, Oct 29: At least 154 people have been injured in a fireworks accident at the Anjootambalam Veererkavu Temple in Kerala's Kasaragod district. Among the injured, eight individuals are reported to be in serious condition, with one person in extremely critical condition. The tragic incident occurred just after midnight on Monday during the traditional Theyyam festival, which drew over 1,500 attendees to the temple.

Eyewitnesses stated that the accident was triggered when sparks from firecrackers ignited additional fireworks stored in a nearby room. As panic ensued, a stampede followed, leading to further injuries. Local authorities confirmed that 97 individuals have been admitted to various hospitals in Kasargod, Kozhikode, Kannur, and Mangalore for treatment.

A young girl present during the incident recounted, "The accident took place after sparks from crackers fell into a room where other fireworks were stored. Soon, we were all running away, and I fell down and got injured. My sister escaped unhurt."

Safety Protocols Ignored: Police Detain Temple Officials

Authorities have attributed the cause of the fire to negligence on the part of the temple officials. The police have taken two members of the temple committee into custody for questioning. According to local officials, the temple had stored low-intensity fireworks worth around Rs 25,000 for the festival, which concludes on Tuesday night.

Kasargod district Superintendent of Police (SP) D. Shilpa emphasized that the temple authorities failed to comply with safety protocols, noting that they did not secure the mandatory licenses required for the bursting of firecrackers. District Collector K. Inbasekar confirmed that a thorough investigation is underway, with forensic samples collected from the accident site.

Local CPI(M) MLA M. Rajagopal expressed his condolences, calling the incident "very unfortunate" and reinforcing that safety measures must be strictly adhered to during such celebrations. Kasargod MP Rajmohan Unnithan echoed these sentiments, pointing out the serious lapses on the part of officials responsible for ensuring safety during the festival.

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News Network
October 21,2024

Mangaluru: The MLC by-election for the Dakshina Kannada and Udupi Local Authorities Constituency commenced at 8 AM on Monday, with voting set to continue until 4 PM. A total of 392 polling booths have been established across the two districts, which form the constituency.

The constituency has 6,032 eligible voters, including 3,127 women. Early reports indicated brisk voting at the Mangaluru City Corporation polling booth, where corporators were seen patiently standing in line in the morning.

In a unique moment, Sharath, a gram panchayat member from Kokkada, cast his vote at Kokkada Gram Panchayat before heading to his wedding ceremony.

The constituency features 53 sensitive polling booths. Eligible voters include members of gram panchayats, corporators from Mangaluru City Corporation, city and town municipal councils, town panchayats, MLAs, MLCs, and Lok Sabha members representing the Dakshina Kannada and Udupi districts.

Notably, Byndoor MLA Gururaj Gantihole and MLC Prathap Simha Nayak, who do not represent local bodies, were left out of the voters' list. According to electoral rules, only those MLAs, MLCs, and MPs who represent city corporations, municipalities, town panchayats, taluk panchayats, or zilla panchayats are granted voting rights in the MLC elections for the Local Authorities’ Constituency.

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