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Wife can seek maintenance even after agreeing not to claim it: Bombay HC

bombay high court

Even if a woman agrees to waive her right to claim maintenance from her husband, her right to demand it under the Code of Criminal Procedure (CrPC) remains, the Bombay High Court has held.

In a judgement last week, Justice M S Sonak observed that section 125 of the CrPC, which provides for maintenance to wife, was enacted in public interest.

The HC was hearing a petition filed by a resident of Sangli in Maharashtra, challenging a lower court’s order to pay maintenance to his estranged wife under the CrPC.

As per the petition, the couple filed a joint plea before a Lok Adalat in 2012, seeking that their marriage be dissolved. They also signed a ‘consent decree’ giving up their right to claim maintenance from each other.

A year later, the wife initiated proceedings under the Hindu Marriage Act and the CrPC, claiming that the husband had obtained her consent for the decree “fraudulently”, and demanded a monthly maintenance from him.

After the magistrate and the sessions court upheld the wife’s plea, the petitioner moved the HC, arguing that the wife had earlier voluntarily waived her right to maintenance.

Justice Sonak said in the ruling that maintenance under the CrPC is a matter of public policy, and a private consent deed cannot be allowed to override a public policy enacted for the larger good.

“Giving effect to an agreement, which overrides the provision of the law…would amount to not only giving recognition to something that is opposed to public policy but it would also amount to the negation of such policy,” the HC held.

Consent decrees are nothing but private contracts, and if their terms are opposed to the public policy, then such terms are void, the judge said while dismissing the petition.

Staying forever in party can’t be taken for granted: Khadse

khadsePermanent loyalty to a party can not be taken for granted in politics, disgruntled BJP leader Eknath Khadse has said.

It prompted the opposition NCP to claim on Wednesday that several leaders of the saffron party were on their way out.

Khadse, who resigned as minister in the BJP-led Maharashtra government in 2016, was speaking in Bhusawal town on Tuesday. Congress leader Ulhas Patil also attended the event.

Speaking before Khadse, Patil invited the senior BJP leader to join the Congress, saying the BJP has done him injustice.

In his speech, Khadse said, “What is in your mind, is not in my mind Ulhas Patil.

“It is true that there is no alternative to the organisation….(but) Be it his (Patil’s) party or my party, nobody is bound to stay in a party (forever). And it should not be taken for granted in politics,” he added.

If injustice done, it should be countered “at the right time, in the right manner to ensure they (who are being unjust) come to know the person’s strength”, Khadse said.

The BJP leader had to step down from the Maharashtra government after there were accusations of irregularities in a land deal made by his relatives. Since then, Khadse, who denied the allegations, has taken swipes at his party occasionally.

Latching onto Khadse’s remarks, NCP spokesperson Nawab Malik claimed Wednesday that it showed “there is something brewing” in the BJP.

“We think several BJP leaders will quit the party as soon as the (Lok Sabha) polls are declared,” Malik said.

He noted that NDA constituents such as the Shiv Sena and Suheldev Bharatiya Samaj Party are openly speaking against the BJP.

“Even (Yoga guru) Baba Ramdev, who had backed Narendra Modi in 2014 polls, is not certain (if Modi would be prime minister again),” he added.

Temperature dips to 1.8 degrees C in Nashik in Maharashtra

cooldest

Nashik in north Maharashtra is shivering under a cold spell with the mercury plummeting to 1.8 degrees Celsius in parts of the district.

Nashik city recorded the lowest temperature of this season at 5.7 degrees Celsius Thursday, local Met department officials said.

An early morning temperature of 1.8 degrees Celsius was recorded at Kundewadi agricultural research centre in Niphad tehsil, officials said.

Farmers in the area made bonfires in grape plantations to protect the fruit from cold.

This weather will persist for another four days, Met officials said.

Aditya Thackeray wants cities open ’24X7′ on New Year’s eve

adityaShiv Sena youth wing chief Aditya Thackeray has demanded that major cities in Maharashtra should allow hotels and entertainment establishments to remain open “24X7” on the coming New Year’s eve.

The Yuva Sena chief has written a letter in this regard to Maharashtra Chief Minister Devendra Fadnavis.

Mumbai, Thane, Navi Mumbai, Pune and other such cities should be open all night for “all legal activities of entertainment and celebration”, especially in non-residential areas, on New Year’s eve, he said.

This will create more employment and revenue, said Aditya, son of Shiv Sena chief Uddhav Thackeray, adding “what is legal during the day cannot be illegal at night.”

“We need to trust our citizens and give them more space and time to unwind after hours of work,” Aditya said.

He also reminded the chief minister of a resolution of the Brihanmumbai Municipal Corporation, passed in 2013, to let hotels and shops in non-residential areas in Mumbai to remain open 24X7.

“The proposal for Mumbai is awaiting your approval from the Home Department (which is handled by Fadnavis himself),” the 24-year-old leader said.

The Yuva Sena chief had met Fadnavis in 2015 and pressed for changes in civic laws to allow a “vibrant nightlife” in Mumbai.

ESIC hospital to pay full compensation to 2 fire victims’ kin

ESCI fire

The Employees’ State Insurance Corporation (ESIC) hospital here has now decided to pay a full Rs 10 lakh compensation to the kin of two victims of last week’s fire.

Both these victims had died after the December 17 fire at ESIC Hospital in suburban Andheri here.

The parents of an infant girl who died four days after the blaze had alleged that they were paid less compensation.

Sanjay Kumar Sinha, additional commissioner, ESIC, said Thursday that the balance amount would be paid by Friday.

Anil and Lalita Logavi, the girl’s parents, alleged that the authorities reduced the compensation amount from Rs 10 lakh payable to the deceased’s family to Rs 2 lakh because “the premature baby was anyway going to die naturally”.

Hospital authorities, however, rejected this claim and said the compensation was being disbursed on the basis of reports of the tehsildar (revenue officer).

“The first instalment was given in this case after the first report was received from the tehsildar. As per the procedure, it was required to tally with the records of the hospital where the victim was treated,” said Sinha.

“Since we wanted to disburse the amount at the earliest, we distributed the cheques based on the first report finalised at that stage,” Sinha said.

The Union Labour ministry had announced a compensation of Rs 10 lakh for the next of kin of the deceased and Rs 2 lakh for those seriously injured.

Sinha also said that the case of Logavi girl was not singular. “One more such case (where full compensation was not paid at one go) was found. Necessary formalities are being completed to ensure that full compensation is paid in that case too latest by Friday,” he said.

All those who suffered injuries and have not received compensation yet will get the cheques soon, he added.

Anil Logavi said the hospital authorities had finally done them justice.

“We feel a bit relieved. They have done justice to us, though a bit late. But it is alright now,” said Logavi, who works as an AC mechanic.

His wife Lalita had delivered twins, a boy and a girl, three days before the fire broke out at the hospital. While the girl died four days after the fire, the boy is undergoing treatment.

BJP MP Kirit Somaiya, who had taken up the issue, said, “As chairman of a parliamentary committee on labour, I suggested that if a victim dies after a fire or accident, during treatment, it must be treated as a death due to the fire or accident and full amount of compensation should be paid.”

The deadly blaze on December 17 killed 11 people and injured 176 others.

According to another senior ESIC official, ten injured victims are still admitted at Intensive Care Units while as many others have been shifted to general wards at six hospitals across the city.

HC notice to prosecutor who ‘slapped’ judge over decision

HC 2The Bombay High Court has taken suo motu (on its own) notice of an incident where a sessions court judge was allegedly assaulted by an assistant public prosecutor on the court premises.

Vacation judge Justice R K Deshpande of the high court’s Nagpur bench said Wednesday that such incidents are a “threat to independence of the judiciary”.

Assistant public prosecutor Dinesh Parate allegedly slapped senior civil judge K R Deshpande outside a lift on the seventh floor of the Nagpur District and Sessions court around noon Wednesday.

According to the police, the lawyer was miffed over the judge’s decision in a case.

Parate tried to run away after the incident but was caught by the police personnel present there.

Justice Deshpande of the high court noted in his order that it was a serious matter where personal security of a judge was under threat.

“It is a threat to independence of the judiciary. The rule of law is being undermined. Such outrageous conduct needs no tolerance,” the high court said.

“It causes or tends to cause obstruction or interference in the administration of justice, as it is the result of adjudication by the judge which has gone against Dinesh Parate,” Justice Deshpande said.

The high court issued a notice to Parate, seeking response from him within six weeks as to why action for criminal contempt of court should not be taken against him.

Cops identify 5 members of group which attacked Christians

cops

Police in western Maharashtra have identified five members of a radical group which attacked a Christian gathering in Kolhapur district, an official said on Thursday.

The group members hail from Belgaum city and rural area in Karnataka, police said.

“We have identified at least five members of the group with the help of CCTV footage. We have their names and addresses and are search for them,” Superintendent of Police, Kolhapur, Abhinav Deshmukh, told PTI.

Police formed several teams, including one from the crime branch, to investigate the case, Deshmukh said. “We are seeking help of the Karnataka police as well,” he added.

A Christian gathering was attacked on December 23 during Sunday prayers in a small village in Kolhapur district.

The incident took place at the New Life Church in Kowad village ahead of Christmas.

A group of around 40 people was offering prayers when around 15-20 people barged into the church. With their faces covered, they threatened the victims and attacked them. Twelve people were injured in the attack.

Armed with swords, iron rods and glass bottles, the group pelted stones at those attending the prayer.Some women, who were part of the prayer meet, forced the attackers to back off by throwing chilly powder on them, an official said.

A delegation of Christian community members Wednesday met Deshmukh and the resident district collector, demanding that security of the community be ensured.

Our Editor Vaidehi to be awarded as Best Editor Print

naiWith a great joy, we hereby announce that Afternoon Voice’s Editor-in-Chief, Vaidehi Taman, has been awarded with the Best Editor (Print) by the Newspapers Association Of India (NAI). She will be receiving the award at the 26th Annual Conference and National Achievement Awards that will be held on December 28, at 3pm. The event is presented by NAI and supported by the Government of Uttarakhand at the New Delhi Municipal Council (NDMC) Convention Centre and will be graced by the presence of Chief Guests Arjun Ram Meghwal – Union Minister of State in Ministry of Water Resources, River Development and Ganga Rejuvenation and Parliamentary Affairs, Parshottam Khodabhai Rupala – Union Minister of Panchayati Raj, Agriculture and Farmer’s Welfare and Ajay Tamta – Minister of State for Textiles. The Guest of Honour includes HE Radu Dobre – Ambassador of Romania to India, Sandeep Marwah – President of Marwah Studios and the Chairman of the Asian Education Group, Rana Yashwant – Managing Editor of India News and Abhigyan Prakash – Senior Journalist of NDTV. Other awardees include India News Haryana (Best Regional News Channel), ABP News (Best News Channel), Rashid Hashmi of FM News (Best Editor Electronic), Manjeet Negi of Aaj Tak (Best TV Journalist) and many others.

NAI is a not-for-profit trade organisation representing the owners, publishers and editors of local and national newspapers and magazines of the Indian media community for more than two decades. It represents the press at the grass roots level in almost all languages and territories of the country. Since its inception in 1993, NAI has endeavoured to bring the small and medium newspapers and media organisations from the length and breadth of our country together under the ambit of one platform.

The 26th Annual Conference and National Achievement Award 2018 is dedicated to acid attack victims and handicapped heroes .

Pujara’s classy hundred puts India in command in third Test; India declare at 443/7

pujara 1Cheteshwar Pujara produced yet another classy hundred and stitched a 170-run stand with captain Virat Kohli (82) to put India in command against Australia on the second day of the third Test here Thursday.

Pujara hit his second century of the series, a dogged but faultless 106 off 319 balls, to ensure that India consolidated the good start of the first day Wednesday. It was though his slowest hundred in Test cricket yet.

Kohli, who contributed a significant 82 off 204 balls, made a surprising declaration and finished India’s first innings at 443 for 7.

Post lunch, Kohli-Pujara took their third-wicket partnership to 170 runs before the game turned.

The Indian skipper took medication for some back issue and then stepped through the gears as he brought out two pulls against Mitchell Starc (1/68) in the 123rd over. He pressed on the accelerator a tad too much, and cut straight to third man, much to the bowler’s delight.

Four overs later, in the 126th, Pujara got a delivery from Cummins that kept a tad low and knocked back his stumps as India were suddenly reduced to 299-4.

In the morning session, Pujara scored his 17th hundred as India reached 277/2 at lunch.

Australia were eight for no loss at stumps in reply to India’s first-innings total of 443/7 declared on the second day of the third Test against India on Thursday.

Openers Marcus Harris (5) and Aaron Finch (3) were at the crease at close of play.

Brief scores:

India 1st innings: 443/7 declared in 169.4 overs (Cheteshwar Pujara 106, Virat Kohli 82, Mayan Agarwal 76, Rohit Sharma not out 63; Pat Cummins 3/72)

Australia 1st innings: 8 for no loss in 6 overs.

Local player Arjun Kadhe gets wild card for Tata Open Maharashtra

arjun khade

National Championship runner-up and local player Arjun Kadhe was on Thursday awarded a wild card entry into the singles main draw of the Tata Open Maharashtra, the only ATP World Tour event India hosts.

The 24-year old joins the country’s top singles players Prajnesh Gunneswaran and Ramkumar Ramanathan in the main draw.

Kadhe had knocked out Ramkumar in the first round of the KPIT-MSLTA Challenger for his best win of his career, in terms of beating a higher-ranked player.

“Kadhe has shown a lot of promise and Pune being his home should certainly be an additional motivation to do well here. We wish all our wild-card entrants the best of luck,” said Prashant Sutar, Tournament Director.

The ATP 250 event begins from December 31 at the Balewadi Sports Complex.

World No. 6 Kevin Anderson, world number seven Marin Cilic and defending champion Gilles Simon (30) headline the singles field.

World No. 25 Hyeon Chung from Korea and World No. 45 Malek Jaziri from Tunisia will also play the season-opening event.