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 29,2024

Bengaluru: Following allegations by a section of farmers from Vijayapura district that their lands were marked as Waqf properties, Karnataka Chief Minister Sidddaramaiah on Tuesday said none of them will be evicted, and notices issued to them will be withdrawn.

"No farmer will be evicted from their land. Yesterday Revenue Minister (Krishna Byre Gowda), M B Patil (Industries and Vijayapura district in-charge Minister) and Waqf Minister Zameer Ahmed Khan have jointly said that no farmer from Vijayapura will be evicted from their land," Siddaramaiah said.

Speaking to reporters here, he said in case notices have been issued to farmers, they will be withdrawn.

Responding to a question that similar notices have been issued to farmers in Yadgir and Dharwad districts too, the CM said: "I will ask the Revenue Minister to look into it, nowhere farmers will be evicted."

Seeking to clarify "confusion" over 1,200 acres in Honavada of Tikota taluk being marked as Waqf property, M B Patil had recently said it was due to an “error” in the gazette notification.

He also had said only 11 acres out of the 1,200 acres are Waqf properties, and a task force headed by the Deputy Commissioner will be formed to resolve the issues.

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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 21,2024

leopard.jpg

Mangaluru: Forest officials successfully captured a leopard that strayed into the kitchen of a house in Akkasaligara Keri, Mulki, on the outskirts of Mangaluru, during the early hours of Sunday, October 20.

Following multiple complaints from residents about leopard sightings, forest department officials had placed cages at various locations in Mulki. According to Deputy RFO Manjunath Ganiga, locals had reported spotting a leopard in the area, prompting the department to set up a cage about a kilometer from the affected house.

At approximately 10 p.m., the leopard entered the house and made its way into the kitchen. The family quickly locked the kitchen door and contacted the forest department for assistance. The forest officials, using a cage and a net, managed to trap the leopard around 2:45 a.m. The animal was later examined by veterinarians and released back into the wild.

Locals suspect that up to three leopards may be roaming the area.

The operation to capture the leopard was led by RFO Kiran Kumar, with assistance from Deputy RFOs Nagesh Billava and Manjunath Ganiga, along with forest department staff members Chandrashekar and Shankar.

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