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Woman gets divorce on grounds of husband’s imprisonment

Woman gets divorce on grounds of husband’s imprisonment 

TIMES NEWS NETWORK 

Ahmedabad : A Gandhinagar court has granted divorce to a woman because her husband has been imprisoned in a murder case and would not be able to perform marital obligations in future. The divor ce petition was filed by the woman, who lives with her son at her maternal home in Hudko village of Gandhinagar district. She said that she got married to a man from Surendranagar district in 2014.

 She was dissatisfied with the husband’s behaviour and thinking. She alleged that as disputes between them arose, the husband used to beat her after consuming alcohol and her in-laws too joined him in the tortur . She was allegedly thrown out of her matrimonial home in June 2015. I

n 2016, the husband was jailed in connection with a murder case registered with Visnagar police station. Since then, he has been lodged in a jail in Mehsana and the trial against him is pending. The woman filed divorce petition six months after the husband was jailed. The court issued a notice to the husband, which was served on him in prison but he did not respond. After perusing the material placed by the woman, the court said, 

“It is proved that even after the intervention of those n ear and dear, it seems that petitioner is unable to stay together; that the opponent (husband) is unable to fulfil his marital obligations due to his imprisonment; that even in future, there is no possibility for reunion because of opponent’s imprisonment. Therefore, this is the fit case for granting the relief as prayed for. ” While dissolving the marriage, the court said, “Looking at the young age of the parties, it seems that for the better future of the petitioner (wife) and her child, the divorce petition is required to be allowed. ”

After child via surrogacy, woman fights for leave

After child via surrogacy, woman fights for leave

 Saeed.Khan@timesgroup.com

 Ahmedabad : A postal department employee has moved the Central Administrative Tribunal (CAT) complaining that she has not been granted maternity leave because her child was born through surrogacy. She urged the tribunal to direct the department not to take any action against her by treating her absent on duty. On her argument that if paternity leave is granted to male employees, there is no point in denying maternity leave to her for having a child through surrogacy, the CAT has issued notice to the Centre and the chief post master general and stayed the department’s decision of not granting maternity leave to the employee. 

The tribunal has also stayed any departmental action against her by treating her absent on duty, said the woman’s advocate P H Pathak. In this case, a resident of Isanpur who works as postal assistant since 2007, Dharmishthaben Sirsikar (35), had requested her department for sixmonth maternity leave from February 16 to August 12 submitting that she had become a mother via surrogacy on February 16. On March 21, the department rejected her request saying that there is no provision for maternity leave in cases the birth of the child took place through surrogacy.  

‘Woman can’t be victimized on the ground of surrogacy’ Against this order, the employee moved CAT seeking declaration that the department is not justified in saying that there is no provision for sanctioning maternity leave to a mother whose child is born through surrogacy. 

She has also sought to restrain the department from passing any adverse order against her and not to treat her as absent. The applicant has termed the department’s decision as arbitrary, illegal, sans any application of mind and violative of constitutional provisions. The department’s order does not give any reason and it is contrary to the aim and object of provisions of Maternity Leave Benefits Act, 1961. In her application, she submitted, “To distinguish between a mother who begets a child through surrogacy and a natural mother, who gives birth to a child, would result in insulting womanhood and the intention of a woman to bring up a child begot- ten through surrogacy. Motherhood never ends on the birth of the child and a commissioning mother cannot be refused maternity leave. 

A woman cannot be discriminated against, as far as maternity benefits are concerned, only on the ground that she has obtained the baby through surrogacy. A newly born child cannot be left at the mercy of others as it needs rearing and that is the most crucial period during which the child requires care and attention of his mother.

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