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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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राष्ट्रीय अन्वेषण अभिकरण अदालत ने एल्गार मामले पर जमानत की खारिज

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Nazneen Yakub – Mumbai Uncensored, 29th June 2022

राष्ट्रीय अन्वेषण अभिकरण (NIA)ने मुंबई के एल्गार मामले में जमानत खारिज कर दी है। एल्गार परिषद- माओवादी मामले में सुरेंद्र गाडलिंग, रोना विल्सन, महेश राउत, सुधीर धवले और शोमा सेन की याचिका को 29 जून को एनआईए ने खारिज कर दिया है। आरोपियों द्वारा 2018 में पुणे की सत्र अदालत में तकनीकी आधार पर जमानत याचिका दायर की गई थी। 

इस याचिका में आरोपियों ने दावा किया था कि मामले में आरोपपत्र दाखिल करने के लिए सत्र अदालत द्वारा 90 दिनों का विस्तार ‘‘अवैध’’ था। इसलिए, वे दंड प्रक्रिया संहिता (सीआरपीसी) के प्रावधानों के तहत तकनीकी आधार पर जमानत के हकदार हैं।

एल्गार परिषद माओवादी मामला

एल्गार परिषद माओवादी मामला 31 दिसंबर 2017 का है जोकि पुणे में आयोजित ‘एत्गार परिषद’ सम्मेलन में हुआ था। इस सम्मेलन में कथित भड़काऊ भाषण दिए थे। इन भड़काऊ भाषणों के बाद पुणे पुलिस ने यह दावा किया था कि अगले दिन महाराष्ट्र शहर के बाहरी इलाके में स्थित कोरेगांव भीमा युद्ध स्मारक के पास हिंसा हुई थी। 

पुलिस ने दावा किया था कि कॉन्क्लेव को माओवादियों का समर्थन भी प्राप्त था। इस मामले में एक दर्जन से अधिक कार्यकर्ताओं और शिक्षाविदों को आरोपी बनाया गया है। इस केस को राष्ट्रीय जांच एजेंसी में सौप दिया गया था।

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Doctors and influencers would be required to pay tax through giveaways as of July 1.

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Kamaljeet Singh – Mumbai Uncensored, 22th June 2022

On July 1, the tax-deductible At Source (TDS) will involve the advantage companies welcome to promote sales, social media influencers, and physicians. The Central  Direct Tax Commission (CBDT) has published directions on the applicability of the new provisions. 

 Social media influencers are required to pay a 10% TDS  if the product given to promote is held by the influencer. If you return the device to the company after work is complete, TDS will not apply to the product. 

 “Whether this (a product offered for social media promotion) is beneficial or accidental depends on the facts of the case. If the benefit or benefit is a product such as a car, mobile phone, costume, cosmetics, etc., used for the purpose of providing the service, and then returned to the manufacturer, it will not be treated as a benefit. Or benefit for the purposes of Section 194R (TDS Rule) of the Law, “CBDT said. 

Co-Treasurer Kamresh C. Burshney explained the benefits of free drug samples for doctors, international flights, and free  Indian Premier League (IPL) tickets for transactions.

He highlighted that these items will not be sold and should not be disclosed and hidden when filing an income tax return. 

Section 194R applies to sellers who offer cash or all kinds of incentives such as cars, computers, gold coins, mobile phones, etc. in addition to discounts. 

CBDT clarifies that Section 194R applies to the distribution of free samples to hospitals for doctors who receive free samples of medicines while employed in ṣthe hospital. As an employer, the hospital can treat such a sample as a taxable employee benefit and deduct the tax in Section 192. In such cases, a point of 20,000 will be pictured across from the hospital. 

For doctors operating as hospital consultants who receive free samples, TDS  ideally involves the hospital first and then requires a section tax deduction. 194R related to a self-subsistent doctor.

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Yogi Bulldozer Action: Supreme Court Issues Notice To Yogi Government, Have to Answer Within 3 Days

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Kamaljeet Singh – Mumbai Uncensored, 17th June 2022

Violence over the controversial statement given by former BJP spokesperson Nupur Sharma is not taking its name to stop. 

Let us tell you that the hearing has been held in the Supreme Court on Thursday regarding the action of the UP government. In which Supreme Court Justice A.S.A bench of Bopanna and Vikram Nath heard the matter. After the completion of the hearing, the Supreme Court has issued a notice to the UP government. 

Along with this, the court has sought a reply from the UP government in 3 days. At the same time, the Supreme Court has sought an answer from the government on the bulldozer action in UP.

In the notice, the Supreme Court has asked the government of Uttar Pradesh whether the action taken by the bulldozer has been done under the legal process or not? During the hearing, the Supreme Court clearly stated that the UP government should take any sabotage action as per the procedure of law. Apart from this, the court also said that the state should ensure security.

Referring to the reports, the court said that there are reports that these retaliatory actions are being taken, they may be right and may be wrong. If such demolition is done then at least what is being done should be according to the process of law. 

Let us tell you that the Supreme Court told Solicitor General Tushar Mehta, appearing for the state government, that we will issue a notice, you file a reply and ensure that nothing untoward happens during this period.

It should be noted that during the hearing, senior advocate C.U. Singh had started the debate. C. U. Singh argued on behalf of Jamiat. So there Singh said that the demolition process is going on in Uttar Pradesh. 

A statement is being given that they are goons, in such a situation demolition is taking place. Apart from this, he also said that continuous action is being taken in UP with the spirit of revenge. However, efforts are being made to justify it.

From CM Yogi to top police officers gave statements regarding this matter.

At the same time, the lawyer said that people are being demolished in UP by calling them stone pelters, goons. Hearing this matter, the Supreme Court said that the government will get time to file its objections. We have to ensure their safety during this time. They are also a part of the society, when someone has a complaint, they have the right to resolve it. Such demolition can take place only in accordance with the Act.

Will hear the matter next week.

Supreme Court begins hearing on a petition filed by Jamiat-Ulema-e-Hind, seeking directions to the Uttar Pradesh authorities to ensure.

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