Wednesday, October 20, 2021

HC asks Muslim man to give maintenance to divorced wife


HC asks Muslim man to give maintenance to divorced wife

Vasantha.Kumar@timesgroup.com

Bengaluru:12.10.2021

“A Muslim marriage is not a sacrament, (and) does not repel certain rights and obligations arising from its dissolution,” the Karnataka high court has said, rejecting a man’s plea and coming to the rescue of his ex-wife, who has been battling for enforcement of the trial court’s maintenance decree for the past decade.

Contracting another marriage after pronouncing talaq upon his first wife, a Muslim man cannot say he has to maintain the new wife and their child, and cite the same as a ground for not discharging maintenance, Justice Krishna S Dixit said.

The petitioner, Ezazur Rehman, had pleaded that he could not pay maintenance to his ex-wife, Saira Banu, as he had remarried and had to provide for his wife and their child. The judge, in his order, said Rehman ought to have known his responsibility towards his ex-wife, who does not have anything to fall back on. The responsibility of paying maintenance arises from his own act of talaq, and prior to marrying another woman, the court said.

Quoting the Quran and Hadith, the judge said the right of a divorced woman for maintenance is conditioned on three cumulative factors — insignificant mehr amount, inability of the woman to sustain herself, and if she does not remarry. A Muslim marriage “dissolved by divorce, per se does not annihilate all the duties and obligations of parties by lock, stock and barrel”, the judge noted in the order passed on October 7.

The judge also said Rehman’s contention is repugnant to law, morality and ethics and that if such a contention is countenanced, it would only encourage talaq which the law shuns.

Citing various conventions on human and particularly women’s rights, the judge pointed out that divorce brings hardship to women, and more so to divorced Muslim women. Divorced women’s tears are “hidden in their veils”, he noted, and it is not that unscrupulous men do not know this. Justice Dixit imposed Rs 25,000 cost on Rehman and requested the trial court judge to execute the same on a war footing and report compliance to the registrar general of the HC within three months.

The responsibility of paying maintenance arises from his own act of talaq, and prior to marrying another woman, the court said

‘Superior court can set aside bail if key factors ignored’


‘Superior court can set aside bail if key factors ignored’

TIMES NEWS NETWORK

New Delhi:12.10.2021

The Supreme Court has reiterated that if all relevant factors were not taken into consideration while granting bail then the superior court can set it aside.

“Where a court considering an application for bail fails to consider relevant factors, an appellate court may justifiably set aside the order granting bail. An appellate court is thus required to consider whether the order granting bail suffers from a non-application of mind or is not borne out from a prima facie view of the evidence on record. It is thus necessary for this Court to assess whether, on the basis of the evidentiary record, there existed a prima facie or reasonable ground to believe that the accused had committed the crime, also taking into account the seriousness of the crime and the severity of the punishment…” a bench headed by Justice D Y Chandrachud said while quoting apex court judgement passed in 2020 in Mahipal v. Rajesh Kumar.

It passed the order while quashing anticipatory bail granted to an accused. “The court has to determine whether on the basis of the material available at this stage, the High Court has applied the correct principles in allowing the applications for anticipatory bail.

The offence is of a serious nature in which Vikas Singh was murdered.

The FIR and the statements under Sections 161 and 164 of the CrPC indicate a specific role to Jogendra Singh and Suryabhan Singh in the crime. The order granting anticipatory bail has ignored material aspects, including the nature and gravity of the offence, and the specific allegations against Jogendra Singh and Suryabhan Singh. Hence, a sufficient case has been made out for cancelling the anticipatory bail granted by the High Court,” it said.

The court has to determine whether on the basis of the material available at this stage, the High Court has applied the correct principles in allowing the applications for anticipatory bail

MU gets A++ rating till 2028


MU gets A++ rating till 2028

Mumbai:12.10.2021

Mumbai University’s rating from the National Assessment and Accreditation Council (NAAC) will be valid for seven years — as opposed to five — till 2028. High-performing institutions are given an extension by the council based on scores. MU recently bagged A++, with a score of 3.65 CGPA (cumulative grade point average), and became one of the highest rated public universities in the state, so far. As per the New Education Policy, MU will also be recognised as a research university. TNN

Airline industry goes private but ‘VIP culture’ seems set to stay


Airline industry goes private but ‘VIP culture’ seems set to stay

Saurabh.Sinha@timesgroup.com

New Delhi:12.10.2021

India has moved on to an era of private airlines (except for Alliance Air, which will also be sold off soon) and an increasing number of airports under the private-public partnership model, but ‘VIP culture’ seems set to remain firmly in place.

A letter from the Union aviation ministry on September 21 (before Air India was taken over by the Tatas) asked all airlines, airport operators and the aviation security regulator to ensure compliance with the “protocol/courtesy/ support to members of Parliament at airports”. Pointing out that these instructions had been issued from time to time, it said “some issues of negligence... have come to the notice of this ministry”. It requested “all concerned... to comply with the same in letter and spirit”.

While the letter listed the protocol that Air India had to follow and did not specifically name private airlines, the directive is applicable to them too. Among other things, the protocol said the duty manager, senior staff should facilitate MPs in completion of check-in formalities, make efforts to reserve seats in the front row for them; airport operators should provide MPs access to reserved lounges along with free tea, coffee or water.

TWIST IN THE TAIL

Guv’s tips for good NAAC grade to univ

 Guv’s tips for good NAAC grade to univ

TIMES NEWS NETWORK

Lucknow:12.10.2021

Governor Anandiben Patel directed officials of Dr Shakuntala Misra National Rehabilitation University (DSMNRU) to take students’ views before deciding the curriculum.

She gave suggestions on what the university should do to get a good grade from the National Assessment and Accreditation Council (NAAC) while viewing the university’s presentation of the self-assessment report for NAAC evaluation at Raj Bhavan on Monday.

The governor, also the chancellor of all state universities, advised university officials that to get a good NAAC grade, it was necessary to analyze the progress of the arrangements and discuss the same with the committees formed for NAAC. Work progress should be reviewed by dividing the tasks among responsible committees so that the work can be completed at a faster pace.

During the presentation, the governor also suggested that improving the facilities of the university according to NAAC standards is essential.

The university must have sports facilities for the differently-abled, she said.

Every UP dist will get a medical college, says Yogi


Every UP dist will get a medical college, says Yogi

Issues Ayushman Bharat Cards To Beneficiaries

Neha.Lalchandani@timesgroup.com

Lucknow:12.10.2021

Having promised to extend health benefits to those below the poverty line ahead of the 2022 elections, Chief Minister Yogi Adityanath issued Ayushman Bharat cards to Antyodaya card holders in Lucknow on Monday.

The CM had earlier set targets for all district administrations to identify beneficiaries under various welfare schemes and link them at the earliest. On Monday, as the government extended the Ayushman Bharat health cover to 1 lakh beneficiaries, he promised that before the end of his tenure, there would be one medical college sanctioned for all 75 districts of the state.

“Despite having the highest population in the country and 40 lakh migrant workers who returned to the state during the pandemic, UP arrested the spread of the pandemic through sustained, organised and coordinated efforts, coupled with micro planning and alertness,” Yogi said, adding that the state was serving as a model for others in controlling the spread of the coronavirus like it had earlier managed to prevent Japanese Encephalitis deaths in eastern UP.

Highlighting the efforts made by the government to expand healthcare facilities in the state, Yogi said that between 1947 and 2016, only 15 medical colleges were set up in UP while work on 49 medical colleges was underway.

CM Yogi Adityanath issued Ayushman Bharat cards to Antyodaya card holders in city

CM: Work taking place on 22 AIIMS

On the completion of his government’s five years in power, each district will have a medical college, the CM said.

“From 1947 to 2000, there was only one AIIMS. Between 2000 and 2004, then PM Atal Bihari Vajpayee started work on six AIIMS. Currently, work is taking place on 22 AIIMS,” the CM said.

The Ayushman health insurance cards will be distributed to over 40 lakh Antyodaya ration card holder families across districts over the next few days. Under the scheme, over 1.30 crore people will be provided with a health cover of Rs 5 lakh per family per year.

Dr VK Paul, member of the Centre’s core team for Covid-19 pandemic response, praised the UP government for its work on the pandemic.

“There could have been more than 70,000 cases per day in UP during the second wave, but due to the proactive measures implemented by the state government, the spread was controlled in the densely populated state,” he said.

‘Sense of purpose is associated with better memory, says study


‘Sense of purpose is associated with better memory, says study

12.10.2021

Times of India Hyderabad

A new study, led by Florida State University researchers, has shown a link between an individual’s sense of purpose and their ability to recall vivid details.

The findings of the study were published in the journal Memory. The researchers found that while both a sense of purpose and cognitive function made memories easier to recall, only a sense of purpose bestowed the benefits of vividness and coherence.The study focused on memories related to the COVID-19 pandemic.

Nearly 800 study participants reported on their sense of purpose and completed tasks that measured their cognitive processing speed in January and February 2020, before the ongoing coronavirus pandemic took hold in the US Researchers then measured participants’ ability to retrieve and describe personal memories about the pandemic in July 2020, several months into the public health crisis.

Participants with a stronger sense of purpose in life reported that their memories were more accessible, coherent and vivid than participants with less purpose. Those with a higher sense of purpose also reported many sensory details, spoke about their memories more from a first-person perspective and reported more positive feelings and less negative feelings when asked to retrieve a memory.

The researchers also found that depressive symptoms had little effect on the ability to recall vivid details in memories, suggesting that the connection between life purpose and memory recall is not due to the fewer depressive symptoms among individuals higher in purpose.

— IANS

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