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Wife Refuses To Go To Matrimonial Home For 10 Yrs Awaiting ‘Shubh Muhurat’: Chhattisgarh HC Calls It ‘Desertion’, Grants Husband Divorce

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Bhuvana Iyer, Mumbai Uncensored, 11th January 2022 :

Chhattisgarh High Court grants divorce to the husband after the wife refuses to return to the matrimonial home under the guise of Shubh Muhurat (auspicious time) and continues to stay at her maternal home, calling it a case of ‘Desertation’. 

Importantly, the Bench of Justice Goutam Bhaduri and Justice Rajani Dubey ruled that in the facts of the case, the Husband was entitled to get a decree of divorce under Section 13 (ib) of the Hindu Marriage Act, 1955. 

It may be noted that Section 13(ib) of the HM Act lays out ‘Desertation’ as a ground of Divorce as it essentially speaks about the dissolution of marriage on the ground that a spouse has been deserted by wife/husband for a continuous period of not less than two years. 

Background of the case:-

The appellant (Husband) and respondent (Wife) got married on July 8, 2010, and they lived together until July 19, 2010, for about 11 days. Subsequently, the wife’s family members came and took her away on the grounds of some important work. 

Thereafter, she did not return and when the husband tried to get her back on two occasions in 2010, she did not come back on the ground that an Shubh Muhurat (auspicious time) was not there and thereafter, the respondent/ wife did not volunteer to join her husband back at any point of time. 

Subsequently, the appellant/husband filed a suit for restitution of conjugal rights, which was decreed ex-parte.The wife claimed that the notice to the application for restitution of conjugal rights was received by the respondent/wife but she could not appear before the Court, as she was stuck in the discharge of the Govt. official duties.

Thereafter, the Husband moved to the Family court seeking a divorce decree, however, the petition was dismissed as the Court noted that husband has failed to prove the ground of desertion.The Court also observed that even after getting a decree for restitution of conjugal rights, since it was not put to execution; therefore, the intention of the husband was not to resume and restore the family. Challenging the same, the Husband moved to the High Court.

The wife contended that she was ready and willing to join the company of the husband but he did not turn back to get her back when auspicious time started, which according to their custom was a necessity. 

Judgement:-

The Court observed that it was clear from the statement of both the husband and the wife, that on the issue of the joining the company of the husband for want of an auspicious time, the wife and the husband did not join the company of each other. Further, the Court was also of the view that simply sitting dormant despite knowing of the fact the effort made by the husband for restitution of conjugal rights, showed the intention of the wife not to join back the company of the husband. 

The Court came to the conclusion that despite the effort taken by the husband to restore his matrimonial home, the wife was not cooperative and under the guise of auspicious time to return back, she continued at her maternal home.

“It is further observed that the wife after knowing the fact that the restitution of conjugal rights before the court could have joined the company of the husband, which would have otherwise solved the entire issue,” the Court added is it allowed husband plea and ordered the dissolution of their marriage by a decree of divorce.

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Kerala Legislative Assembly Unanimously Rejects Controversial Waqf Amendment Bill

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The Kerala Legislative Assembly unanimously passed a resolution on Monday, October 14, urging the central government to withdraw the contentious 2024 Waqf Amendment Bill. The resolution, presented by Minister for Waqf, Haj Pilgrimage, and Sports, V Abdurahiman, emphasized that the bill undermines the federal principles embedded in the Constitution, sparking concerns over state rights and religious governance.

Minister Abdurahiman argued that the bill infringes on the authority of state governments concerning Waqf matters, particularly by weakening the power of state Waqf boards and tribunals, which manage Waqf properties. “This bill not only violates the secular principles outlined in the Constitution but also threatens democratic values by replacing elected representatives with a board of nominated members and a nominated chairman,” he stated during the assembly session.

The minister also underscored the importance of protecting fundamental rights such as freedom of belief, secularism, federalism, and democratic processes. He pointed out that the bill contains provisions that contradict the core principles of the Constitution, calling for its immediate withdrawal.

The resolution gained support from both the ruling Left Democratic Front (LDF) and the opposition Congress-led United Democratic Front (UDF). The UDF proposed several amendments to the resolution, some of which were accepted during discussions, demonstrating bipartisan agreement on the issue.

This collective opposition highlights the assembly’s shared concerns about federal overreach and the central government’s role in managing religious properties. The Waqf Amendment Bill has sparked a broader debate about the balance of power between state and central authorities, especially in matters of religious governance and property management.

The call for the withdrawal of the bill reflects ongoing tensions surrounding federalism and the preservation of state rights, particularly in the context

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Mira Bhayandar: Bombay High Court Warns Baleshah Pir Dargah Trustees Over Illegal Mangrove Encroachment

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The Bombay High Court has issued a stern warning to the trustees of the Hazrat Sayyed Baleshah Pir Dargah in Bhayandar (West). The dargah is accused of illegally occupying government-owned mangrove land and constructing a 100-foot structure without permission.

A PIL filed by advocate Khush Khandelwal on behalf of the Hindu Task Force has brought the matter to the court’s attention. Despite clear evidence of encroachment and notices served by the authorities, the dargah representatives have failed to appear in court.

The court has now given a final opportunity to the trustees to present their case in the next hearing. If they fail to do so, the matter will be heard ex parte, meaning the court will proceed with the case without their presence. This development indicates a strong stance by the judiciary against illegal land occupation and environmental violations.

The case highlights the ongoing battle to protect government land and the environment from encroachment, particularly in coastal areas.

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Ekta SRA CHS Scandal: Siddhivinayak Developers Kurar Faces Scrutiny for Unauthorised Construction & Violations of Regulations

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Siddhant Mohite, Mumbai Uncensored:

In a startling revelation, a complaint filed against Siddhivinayak Developers Kurar has unearthed a web of alleged violations and corruption within the Ekta SRA CHS redevelopment project located at Kurar Village, Malad East. The Slum Rehabilitation Authority (SRA) conducted a thorough survey following the complaint, shedding light on serious discrepancies in the project’s execution.

Slum Rehabilitation Authority’s inspection, initiated after receiving a complaint on January 18, 2024, concluded that Siddhivinayak Developers Kurar had flouted Development Control regulations, indulged in an FSI Scandal, and executed construction work beyond approved plans and commencement certificate (C.C) in the ongoing redevelopment project. Specifically, the construction work exceeded the approved CC for A, B & C wings of the composite building.

The gravity of the situation escalated on May 3, 2024, when the Executive Engineer of SRA P/N issued a letter to Siddhivinayak Developers Kurar and Architect M/s Rasik Hingoo associates, instructing them to stop work immediately at Ekta SRA CHS. The directive also mandated the regularization of the unauthorized construction by paying necessary charges as per SRA policy. Failure to comply would result in appropriate actions as deemed fit.

What raises eyebrows is the timeframe involved in addressing the complaint. Despite the complaint being lodged in January, it took the SRA a staggering five months to conduct an inspection and issue a directive to the developer. Moreover, the directive to ‘regularize’ the unauthorized construction without specifying the penalty charges has sparked skepticism and allegations of a ‘secret understanding’ between the Executive Engineer of P/N SRA and the developer. This clearly shows that corruption is at its peak at the SRA Executive Engineer’s office, and it shows how SRA officials are hand-in-gloves with Real Estate Developers.

Sources have hinted at a nexus between the Executive Engineer and associates with the developer, suggesting an attempt to shield unauthorized construction through corrupt means.

This unauthorized development has stirred concerns among residents and activists, questioning the transparency and efficacy of regulatory bodies in overseeing redevelopment projects. Calls for a thorough inquiry and stringent action against those involved in malpractice are resonating across the community, emphasizing the need for accountability and integrity in Slum re-development initiatives.

Mumbai Uncensored will continue to monitor this story closely and provide updates as it unfolds.

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