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 27,2024

Samajwadi Party (SP) chief Akhilesh Yadav stated on Sunday, October 27, that his party is prepared to contest the Maharashtra Assembly elections independently if the Maha Vikas Aghadi (MVA) does not include them in the alliance. 

Yadav assured that the SP would only contest in constituencies where it has a strong organizational presence and would ensure its participation does not affect the MVA’s overall prospects.

Several I.N.D.I.A. alliance members have expressed dissatisfaction with the Congress over seat-sharing arrangements in upcoming state polls. 

Both the CPI(ML)L and the RJD voiced frustration after being offered only 3-4 seats each for the Jharkhand elections by the Congress.

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News Network
October 28,2024

Mangaluru: In a chilling incident that has raised suspicions of foul play, a 35-year-old man was discovered dead inside a train coach traveling from Bengaluru to Murudeshwar. 

The deceased, identified as Mouzzan from Kumbarpete, Doddaballapur, worked as a sales representative and was differently-abled. He boarded the train on October 24 from Yesvantpur and occupied the Divyang Coach.

The incident came to light on the morning of October 25 at Udupi, where a railway guard found Mouzzan unresponsive. The railway police immediately rushed him to the hospital, but doctors declared him dead. 

With no identification documents on him, the police utilized a label, “RS Tailor Chickpete,” found on his shirt collar to trace his family through WhatsApp, helping his relatives reach Mulki by Saturday.

Upon inspection, police noticed ligature marks around Mouzzan’s neck, hinting at possible foul play. His family reported that his bag and mobile phone were missing, raising further suspicion. 

The last known location of his phone was traced to Sakleshpur, suggesting he may have been targeted during the journey. Investigators suspect robbery as a motive and are now actively pursuing leads, with searches underway in Mysuru and Bengaluru.

A case has been filed at Mulki police station, and efforts to uncover the truth behind this tragic incident are intensifying as police work to piece together the circumstances that led to Mouzzan’s untimely death.

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News Network
October 22,2024

Several Central Reserve Police Force (CRPF) schools across India were hit with hoax bomb threats on Tuesday, just days after an explosion occurred near a CRPF school in Delhi. The threats, sent via email late Monday night, targeted schools in Delhi and Hyderabad, according to sources.

Earlier this week, a bomb exploded outside a CRPF school in Delhi’s Rohini area, causing significant damage to nearby vehicles and property. Fortunately, no casualties or injuries were reported.

In response to the blast, Delhi Police confiscated CCTV footage from nearby markets as part of their investigation. Sources indicate that surveillance footage captured a suspect at the scene, wearing a white T-shirt, displaying suspicious behavior the night before the explosion.

Preliminary investigations revealed that the explosive device had been hidden in a polythene bag, buried in a shallow pit, and covered with garbage. The blast caused a hole in the school's boundary wall and shattered the window panes and signboards of nearby shops.

Following the incident, the Delhi Police registered a First Information Report (FIR) under Section 4 of the Prevention of Damage to Public Property Act, Section 3 of the Indian Explosives Act, and other relevant sections.

The FIR states, "A case of an explosion caused by an unknown explosive substance has been registered, and the investigation continues." It also details the damage, noting that the blast left a hole in the boundary wall and affected nearby structures.

The targeted schools serve children from CRPF and other paramilitary families, and the recent threats have heightened concerns. In response, Delhi authorities have placed the city on high alert, ramping up security measures, especially in markets, ahead of the Diwali festival. 

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