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 28,2024

Bengaluru: The Enforcement Directorate on Monday undertook fresh searches in connection with the Mysuru Urban Development Authority (MUDA) linked money laundering case in which it has booked Karnataka Chief Minister Siddaramaiah, official sources said.

About seven-eight premises in Bengaluru and Mysuru are being covered, the sources said.

The federal agency had conducted the first round of raids in this case on October 18 when it searched the MUDA office in Mysuru and some other locations.

It also questioned some lower-rank officials of the MUDA at its Bengaluru zonal office last week.

The ED has filed a enforcement case information report (ECIR) under the Prevention of Money Laundering Act (PMLA) to book the CM and others taking cognisance of a Lokayukta FIR.

Siddaramaiah is facing Lokayukta and ED probes into alleged irregularities in the allotment of 14 sites to his wife by the MUDA.

Siddaramaiah's wife Parvathi B M, brother-in-law Mallikarjuna Swamy, Devaraju -- from whom Mallikarjuna Swamy purchased land and gifted it to Parvathi -- and others are named as other accused in the case by the two probe agencies.

Parvathi was recently questioned by the Lokayukta.

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News Network
October 27,2024

soldiers.jpg

The death toll from the overnight Israeli aggression against a number of military positions across Iran has risen to four.

Earlier the Iranian Army had announced the martyrdom of two of its forces in the Israeli attack, who lost their lives “while confronting the projectiles of the criminal Zionist regime in order to safeguard the security of Iran and prevent harm to the Iranian nation and interests.”

Media reports identified the two martyred Army forces as Major Hamzeh Jahandideh and Sergeant Mohammad-Mehdi Shahrokhifar.

Major Sajjad Mansouri and Sergeant Mehdi Naghavi, who had been injured in line of duty, also succumbed to their injuries, reports said.  

The strikes targeted parts of military sites in the capital Tehran as well as the western and southwestern provinces of Ilam and Khuzestan, with Iran’s air defense saying the attacks were “successfully intercepted and countered.”

The attacks caused “limited damage” in some locations and the dimensions of the incident are under investigation.

Despite Israeli media reports overplaying the Israeli attack by circulating fake images, the Iranian public returned to their routines and daily life continued smoothly across the country.

Iran’s Civil Aviation Organization announced that flights had resumed after a short interruption and footage from Mehrabad Airport in western Tehran showed operations running normally, with passengers moving through as usual.

The Tehran Oil Refining Company also dismissed rumors of an Israeli attack on its facilities.

On October 1, Iran responded to the Israeli assassination of Hamas political bureau chief Ismail Haniyeh, Hezbollah Secretary General Sayyed Hassan Nasrallah, and senior IRGC commander Abbas Nilforoushan by launching as many as 200 ballistic missiles toward the occupying regime’s military and intelligence bases all over the occupied Palestinian territories.

Dubbed Operation True Promise II, the retaliatory strike dealt a severe blow to the illegal regime all the more ruinous than its prequel in April, with Tel Aviv having so far declined to reveal the extent of loss it suffered despite vowing to respond on several occasions.

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News Network
October 31,2024

Udupi: Falling prey to a sophisticated a “digital arrest” scam, Prameela (39) found herself defrauded of a staggering ₹11,87,463. The plot, orchestrated through deceptive tactics, left her financially devastated.

On October 25, Prameela received a call from an unknown number claiming a parcel, allegedly sent by one Wang Ming Zi, was flagged due to containing suspicious items: 5 kg of clothes, 8 ICICI credit cards, and 700 grams of MDMA. Adding to the urgency, the caller asserted that an FIR had already been filed against her.

The caller then transferred Prameela to a supposed representative of the 'Bombay Cyber Crime Branch,' who introduced himself as Manish Kumar, claiming to be a senior executive at DTDC Mumbai. Manish directed her to connect via Skype video call, asking her to download the app and search for the ID [email protected].

Once on the call, Prameela was requested to provide her Aadhaar card details, which she complied with. She soon received what appeared to be a formal arrest order listing her name, address, and Aadhaar information. Under pressure, Prameela disclosed her bank account details and balance to the caller. Exploiting this trust, the scammer then transferred ₹11,87,463 from her account.

Following the incident, Prameela lodged a complaint with the Shirva police, who have since registered a case under sections 316(2), 318(4), 351(2) of the BNS, and 66(C), 66(D) of the IT Act. The authorities are now investigating this alarming case of digital fraud.

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