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 21,2024

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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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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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News Network
October 18,2024

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Hamas leader Yahya Sinwar has been martyred in an Israeli airstrike in Gaza's Rafah city, a senior Hamas official confirmed.

Khalil Hayya, head of Hamas in Gaza, delivered a statement on Friday, a day after reports of Sinwar's martyrdom. 

"We mourn the great national leader, the Mujahid Martyr Brother Yahya Al-Sinwar (Abu Ibrahim), Head of the Political Bureau of the Islamic Resistance Movement (Hamas) and Commander of Al-Aqsa Storm Operation," he said.

He remembered Sinwar as "one of the noblest and bravest men, a man who dedicated his life to Palestine and gave his soul for the sake of Allah on the path to its liberation."

"He rose as a heroic martyr, advancing and never retreating, wielding his weapon, engaging and confronting the occupation army at the frontlines. He moved between all combat positions, steadfast and stationed on the honored land of Gaza, defending the land of Palestine and its holy sites, inspiring the spirit of endurance, patience, steadfastness, and resistance."

Referring to the history of Sinwar's struggle against the Israeli regime, Hayya noted that the fallen leader "attained the highest rank and the noblest medal, ascending as a witness and a martyr, content with the jihad and sacrifice he offered."

Naming a host of other resistance leaders assassinated by the Israeli regime in the past years, the Hamas official noted that "these sacrifices will continue to illuminate our path and drive us to more resilience and steadfastness."

"Hamas remains committed to the promise of its founding leaders and martyrs until the aspirations of our people are fully realized: the complete liberation and return, and the establishment of the Palestinian state on the entire national soil with Al-Quds as its capital, by Allah’s will," he said, adding, "This will become a curse upon the invading occupiers who are strangers to this land."

He underlined that the martyrdom of leaders "only strengthens Hamas and our resistance, making us more determined and steadfast in following their path, honoring their blood and sacrifices."

He highlighted that Israeli captives held in Gaza "will not return except with the cessation of aggression on Gaza, its withdrawal, and the release of our heroic prisoners from the occupation’s jails."

The charismatic leader of the Palestinian resistance movement had escaped many assassination attempts before and after Operation Al-Aqsa Flood on Oct. 7, 2023.

Sinwar, 62, played an instrumental role in coordinating and supervising the landmark operation that jolted the Zionist regime. 

Before becoming the Hamas leader in Gaza in 2017, Sinwar spent 22 years in an Israeli prison. He was released as part of a prisoner swap in 2011.

“Hamas will never abandon the path of resistance… Our resistance will continue until the liberation of all of Palestine,” he declared during a speech in Gaza in late October 2017.

Sinwar had been chosen as the overall Hamas leader after Israel assassinated Ismail Haniyeh in July.

Haniyeh was assassinated in Tehran, where he was to attend the inauguration ceremony of new Iranian President Masoud Pezeshkian.

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