Adamant behaviour, desertion by wife do not amount to cruelty: Madras High Court

By Express News Service | Published: 31st March 2018 01:57 AM |

Last Updated: 31st March 2018 05:34 AM



The Madras High Court (File)

CHENNAI: Holding that the alleged adamant behaviour of a wife, her desertion from the matrimonial house and a police complaint alleging harassment by the husband would not amount to cruelty, a Division Bench of the Madras High Court has confirmed the orders of a family court here rejecting the husband’s plea for divorce and allowing his wife’s plea for restoring the conjugal rights.

The main allegation of cruelty from the man was that his wife was very adamant from the beginning and she left the matrimonial home on July 13, 2010, without any valid reason. She also allegedly lodged a criminal complaint, which led to the appellant to move the court for anticipatory bail.

The wife had also admitted in her evidence that she left the matrimonial home in July 2010 as she was not treated properly.

“Therefore, it cannot be said that she left the matrimonial home without any justifiable reason,” a Bench of Justices A Selvam and P Kalaiyarasan said on March 12 and dismissed the appeal from the husband.

According to appellant, he got married in 2009 and they had no children. While so, she left his house in July 2010, taking all her belongings. She also alleged that he was impotent and subjected her to harassment. She lodged a complaint against him.

While the husband moved the family court seeking divorce, the wife filed a petition for restoration of her conjugal rights. By a common order dated August 30, 2017, the VI Additional Family Court rejected the plea of the husband and allowed the plea of the wife. Hence, the present appeal before the High Court.

ஒரு லட்சம் ரூபாய்க்கு ஏலம் போன 9 எலுமிச்சைப் பழங்கள்' - விழுப்புரம் அருகே விநோதம்..!

ஜெ.முருகன்
தே.சிலம்பரசன்

பூஜை செய்யப்பட்ட 9 எலுமிச்சைப் பழங்கள் 1 லட்சம் ரூபாய்க்கு ஏலம் போன விநோத சம்பவம் விழுப்புரம் மாவட்டத்தில் நிகழ்ந்துள்ளது.




விழுப்புரம் மாவட்டம், திருவெண்ணைநல்லூரை அடுத்த ஒட்டனந்தல் கிராமம் இரட்டைக் குன்றில் அமைந்திருக்கிறது ரத்தினவேல் முருகன் கோயில். இந்தக் கோயிலில் ஒவ்வொரு வருடம் பங்குனி உத்திரத் திருவிழாவை முன்னிட்டு 10 நாட்கள் தொடர்ந்து பூஜை நடக்கும். அந்தப் பத்து நாட்களும் கருவறையில் இருக்கும் வேலில் எலுமிச்சைப் பழங்கள் குத்தப்படும். அப்படி குத்தப்பட்ட எலுமிச்சைப் பழங்களை மிகவும் பாதுகாப்பாக எடுத்து வைப்பார்கள் கோயில் நிர்வாகிகள். பத்து நாட்கள் கோயில் பூஜை முடிந்ததும் அந்த எலுமிச்சைப் பழங்கள் பொதுமக்கள் முன்னிலையில் ஏலம் விடப்படுவது வழக்கம்.



இந்த எலுமிச்சைப் பழங்களை வீட்டில் வைத்திருந்து நில சம்பிரதாயங்களைச் செய்தால் குழந்தைப்பேறு, சொத்துக்கள், தொழில்களில் முன்னேற்றங்கள் கிடைப்பதோடு கிடைக்கும் கடன் தொல்லைகளும் நீங்கும் என்ற நம்பிக்கை மக்களிடையே நிலவி வருகிறது. அதனால் இந்தப் பழங்கள் ஆயிரக்கணக்கில் ஏலம் எடுக்கப்படும். சென்ற வருடம் நடந்த ஏலத்தில் 9 பழங்களையும் 68 ஆயிரம் ரூபாய்க்கு ஏலம் எடுத்தனர் பொதுமக்கள். யார் வேண்டுமானாலும் இந்தப் பழத்தைப் பெற்று பயனடையலாம். ஆனால் ஊர் நிர்வாகிகள் விடும் இந்த ஏலத்தில் உள்ளூர் மக்கள் மட்டுமே கலந்து கொள்ள முடியும்.

அதன்படி கடந்த 21.03.2018 அன்று கொடியேற்றத்துடன் தொடங்கிய இந்த வருடத்தின் பங்குனி உத்திரத் திருவிழா நேற்று 31-ம் தேதியுடன் முடிவடைந்தது. வழக்கம் போல ஊர் நாட்டமையான பாலகிருஷ்ணன் என்பவர் ஆணி செருப்பின் மீது ஏறி நின்றுகொண்டு முதல் எலுமிச்சைப் பழத்திற்கான ஏலத்தை 1 ரூபாயில் தொடக்கி வைத்தார். அப்போது முதல் நாள் பழம் 35 ஆயிரம் ரூபாய்க்கும், இரண்டாம் நாள் பழம் 8,500 ரூபாய்க்கும், மூன்று மற்றும் நான்காம் நாள் பழங்கள் தலா 8,100 ரூபாய்க்கும், ஐந்தாம் நாள் பழம் 8,500 ரூபாய்க்கும், ஆறாம் நாள் பழம் 8,100 ரூபாய்க்கும், ஏழாம் நாள் பழம் 9,500 ரூபாய்க்கும், எட்டாம் நாள் பழம் 8,100 ரூபாய்க்கும், ஒன்பதாவது நாள் பழம் 8,500 ரூபாய் என மொத்தம் 1 லட்சத்து 2 ஆயிரத்து 900 ரூபாய்க்கு ஏலம் போனது. ஏலம் எடுக்கக் கூடிய மக்கள் கூட்டம் ஒருபுறம் என்றால் இந்த நிகழ்வைக் காணவும் உள்ளூர் வெளியூர் மக்கள் குவிந்திருந்தனர்.

Varsity hikes fine for copying by 10 times

SPECIAL CORRESPONDENT

CHENNAI, APRIL 01, 2018 00:00 IST  THE HINDU

Says students could be debarred for a maximum of three years

The University of Madras has revised the fine amount from Rs. 5,000 to Rs. 50,000 for mass copying, Vice-Chancellor P. Duraisamy informed the Senate on Saturday.

“If the disciplinary committee on examination finds mass copying in any college based on the answer scripts or square visit, we will impose Rs. 50,000 fine on that college. Students will be debarred for a maximum of three years depending upon the severity of the offence,” he said. Senators wanted the institution to expedite the payment of remuneration to examiners. The members said the university paid the teachers three months after the examination was completed. “Even the results are out but the examiners have not received payment,” said a senator. University Vice-Chancellor P. Duraisamy said currently the examiners are paid within three months but the colleges said the exams were held in December and the results were declared in February. However, the payment had not been made till March.

Improvement panel

When some senators pointed out about the spurt in revaluation, he said the university planned to set up a committee to improve the valuation system by next academic year. The university has decided that henceforth a chief examiner would have seven evaluators under him, instead of five. Some senate members, however, said the older system of five examiners should be continued.

Foreign examiners

Professors complained that remuneration to foreign examiners for Ph.D. candidates had not been paid. The Vice-Chancellor said banks had issued a new rule requiring foreign examiners to provide passport and bank account details.

“Some are not willing to share these details, so we are unable to pay. We have decided to ask the foreign examiner if he or she is willing to share the details. If the person refuses, he or she will not be an examiner,” Mr. Duraisamy explained.

In a bid to resolve long-pending issues, the Vice-Chancellor said he proposed to have a joint meeting with the students, principals and college teachers, university teachers and its administrative staff in April-May. The meeting would discuss issues such as qualification approval for college teachers; Ph.D. relevance certificate for increments; recognition to guide M. Phil/Ph.D. students.

“I plan to set aside a day for walk-in meeting for teachers, students and staff,” Mr. Duraisamy said.

The university paid the teachers 3 months after exam was completedSenate member

Affiliation fee for colleges doubled: Madras varsity V-C

SPECIAL CORRESPONDENT

CHENNAI, APRIL 01, 2018 00:00 IST  THE HINDU 

Criteria revised, sum hiked from Rs. 5 lakh to Rs. 10 lakh: Duraisamy

The University of Madras has doubled the affiliation fee for colleges, Vice-Chancellor P. Duraisamy informed the Senate on Saturday.

In his introductory remarks, Mr. Duraisamy made the announcement that the fee had been hiked from the existing Rs. 5 lakh to Rs. 10 lakh.

Amendments to the university’s relevant statutes had been made to revise the criteria for granting permanent affiliation to colleges and the Syndicate at its meeting on February 19 recommended that the same be placed in the Senate for approval.

Hanifa Ghosh, Principal of Sembium-based Chevalier T. Thomas Elizabeth College for Women, said her institution had applied for permanent affiliation when the fee was Rs. 1 lakh.

Then it was hiked to Rs. 4 lakh and subsequently to Rs. 5 lakh. Yet it had not been given affiliation.

Now the criteria had been revised and yet again the university had hiked the fee, she noted.

Mr. Duraisamy said the revision of criteria necessitated the fee hike. Ms. Ghosh, however, felt it was unfair on the part of the university to ask for the revised fee when it had paid more than that amount considering the number of years that had passed since her college applied.

Another senator also raised the issue of high fee, but Mr. Duraisamy said the colleges would have to pay the difference amount.

The university has decided to hike the fee for verification and issue of degree certificates and preservation of records. This amount will be collected from students from the academic year 2018-19 onwards.

‘Certificates from 2005’

Mr. Duraisamy said the university planned to create a database of students with unique ID, based on the representation received from principals of the autonomous colleges of the university.

“We are going to upload all certificates from 2005,” Mr. Duraisamy informed.

Students of government non-autonomous colleges need not pay a fee, but those in autonomous, aided and self-financing colleges will have to pay a fee.

Each undergraduate student in government autonomous colleges will pay Rs. 300 per year and M.Phil candidates Rs. 1,000 per year.

Association of University Teachers president J. Gandhiraj objected saying the university should find other ways to fund its programmes, but Mr. Duraisamy said the university could not mobilise funds from other sources.

The university has planned to create a database of students with unique ID

Can’t deny mediclaim on technicality: HC
SPECIAL CORRESPONDENT

CHENNAI, APRIL 01, 2018 00:00 IST
Relief for those who chose unempanelled hospitals

A Division Bench of the Madras High Court has concurred with a view taken by a single judge that medical insurance cannot be denied to government servants and pensioners who took treatment in hospitals of their choice without approaching empanelled institutions.

Refusing to entertain a batch of writ appeals preferred by a nationalised insurance company, Justices C.T. Selvam and N. Sathish Kumar observed that an insured person’s claim for reimbursement for having taken treatment from a hospital of his/her choice could be restricted but could not be denied altogether.

The judges refused to even condone the delay of 95 days in preferring the present batch of appeals. Holding that the appellant had not cited plausible reasons for the delay, the Bench said, it had become a routine practice for government institutions to prefer appeals against every other court order.

“The present-day scenario of filing appeals, challenging every court order, clearly exhibits that the heads of the departments are shirking their responsibilities. In fact, now a tendency has developed among department heads to file appeals even in cases without merits only to avoid any query in the future,” it added.

Though only applications to condone the delay had been listed for hearing before the Bench, the judges gave a finding that even the appeals could not be entertained. “Though it is not fair on our part to touch upon the merits, still we are of the view that the order passed by the learned single judge cannot be faulted at all,” they said.

‘State duty-bound’

In his September 4, 2017 judgment, Justice S.M. Subramaniam said: “The State in this regard should be a model employer and the insurance companies, as a State, have a duty to deliver the medical insurance schemes promptly. They cannot escape their liabilities on mere technicalities.”

Referring to insurance claims being settled promptly in many countries, the judge said: “Such a practice is not prevailing in our country. But the Constitutional goal is to achieve such a result and we should thrive towards achieving the same.” The judge criticised the State for forcing even pensioners to file writ petitions seeking reimbursement of medical expenses and the insurance companies for taking repeated adjournments in such cases. He held that the officials were duty-bound to settle genuine claims on time.

Hosp penalised ₹3L for medical negligence 

times of india 31.03.2018

Chennai: The district consumer disputes redressal forum, Chengalpattu, has directed Karpaga Vinayaga Institute of Medical Science & Research Centre, Chinna Kolambakkam in Kancheepuram, to pay a compensation of ₹3.10 lakh to a woman for negligence in treatment.

The forum observed that the hospital performed a surgery on the woman when it was not warranted resulting in bladder injury. Petitioner C Mageswari, of Perumbakkam, submitted that she approached the institute with complaints of abdominal pain in October 2013. Doctors there said she had an ovarian cyst. She alleged that the hospital extracted a huge amount in the guise of treatment. Even after the surgery, her condition became worse and on second opinion at another hospital, she was told that the treatment provided to her was absurd.

The woman then approached the forum seeking a compensation of ₹15lakh. The hospital contended that they provided the best treatment available and there was no question of fleecing. The bench of president N Kaliyamurthi, members K Prameela and D Babu Varadharajan after hearing both the sides ruled in favour of the complainant. TNN

Univ asked to repay ₹12L to NRI student
Consumer Forum Also Imposes Fine Of ₹10,000

TIMES NEWS NETWORK 31.03.2018

Chennai: The State Consumer Dispute Redressal Commission has directed Sri Ramachandra University in Porur to return USD 18,000 (approximately ₹11.73 lakh) collected as excess fee from a Non-Resident Indian (NRI) student who discontinued MBBS course from the university. Condemning the university for unfair practices, the commission also slapped a fine of ₹10,000.

The complainant, Parasaran Rangarajan, had enrolled in the MBBS course in 2009 under the NRI quota. According to the petition filed by him, he had paid a fee amount of USD 1,43,000 (approximately ₹93.16 lakh) in three instalments.

However, the fee turned out to be USD 1,25,000 (₹81.43 lakh). He had also paid the hostel fee for the entire duration of the course.

Parasaran couldn’t finish the course and had to discontinue the five-and-a half year course after a year due to ill-health.

Since he had made an excess payment of USD 18,000 , he appealed to the university administration to return the amount.

However, the authorities sat on the request and never bothered to respond to him despite repeated appeals and writing to them. Following that,he knocked on the doors of the state consumer dispute redressal commission.

The bench comprising Justice Dr S Tamilvanan and K Baskaran, after the final hearing last Wednesday ruled in favour of Parasaran and directed the university to repay the excess fee.

Bank penalised for selling bike without proper documents

Chennai:The State Consumer Dispute Redressal Forum has rapped HDFC bank and directed it to pay ₹36,500 with interest to a customer to whom the bank sold abike without proper documentation 10 years ago. It has also directed the bank to pay additional ₹15,000 for causing mental agony to the customer. The complaint was filed by Saravanan. The bench comprised Justice Dr S Tamilvanan and K Baskaran.

The petition said the bank seized a two-wheeler on April 29, 2008, from a customer for not paying the interest amount and sold the same vehicle to Saravanan the very next day. However, they failed to inform the customer about a pending police case against the vehicle. TNN