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On “Muslim Law Permits Polygamy”, A High Court Ruling On Wife’s Rights – dot newz

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Gujarat High Court ruled that a woman can’t be forced to live with husband even by court decree

Ahmedabad:

Overturning a family court’s order, the Gujarat High Court has said a woman cannot be forced to cohabit (live) with her husband and establish conjugal rights with him even by a court’s decree.

The high court also observed that the first wife may decline to live with her husband on the ground that the “Muslim law permits the polygamy, but has never encouraged it”.

“The Muslim law, as forced in India, has considered polygamy as an institution to be tolerated, but not encouraged, and has not conferred upon the husband any fundamental right to compel his wife to share his consortium with another woman in all circumstances,” it further observed in a recent order.

The high court cited the Delhi High Court’s recent order, which said the Uniform Civil Code (UCC) should not remain a mere hope in the Constitution.

The Gujarat High Court’s division bench of Justices JB Pardiwala and Niral Mehta said the decision in a suit for the restitution of conjugal rights does not depend entirely on the husband’s right, and the family court should also consider whether it would make it inequitable for it to compel the wife to live with her husband.

The bench said this while allowing a plea filed by a woman challenging the July 2021 order of a family court in Banaskantha district of Gujarat, which had directed her to go back to her matrimonial home and perform her marital obligation.

The couple’s ‘Nikah’ was performed on May 25, 2010 at Palanpur in Banaskantha and they had a son in July 2015.

As per the plea, the woman, a qualified nurse working at a civil hospital, took her son and left her husband and in-laws in July 2017, after they compelled her to migrate to Australia and take up a job there.

The woman in her plea said she was against the idea and hence, left her matrimonial home with her son.

The high court quoted order XXI rule 32(1) and (3) of the Civil Procedure Code (CPC) and said “no person can force a female or his wife to cohabit and establish conjugal rights. If the wife refuses to cohabit, in such a case, she cannot be forced by a decree in a suit to establish conjugal rights”.

As per the woman’s husband, she left home “without any lawful ground”.

When persuasion to bring her back failed, her husband moved the family court, which passed a decree for the restitution of conjugal rights in favour of the husband.

The high court observed that the family court arrived at the conclusion “based on conjecture that being a working woman, she could not come up with her household responsibilities and therefore, thought fit to walk out of her matrimonial home on a lame excuse of being harassed by her husband and other family members”.

“Our notions of law in that regard have to be altered in such a way as to bring them in conformity with the modern social conditions,” the high court observed.

“Nothing has been shown to us in the form of any rule or otherwise which compel the courts to always pass a decree in a suit for restitution of conjugal rights in favour of the husband,” it said.

If a court feels that the husband, who has filed such a suit, is himself unworthy or has some ulterior motive, it may refuse him assistance altogether, the bench said.

The high court questioned whether it would be right to allow such a suit in favour of a husband even when he has meanwhile married another woman while his first wife was away, simply “on the ground that a Muslim under his personal law can have several wives, at a time up to a maximum four”.

The high court said a wife may decline to live with her husband on the ground that the Muslim law permits the polygamy, but has never encouraged it.

The high court cited a Delhi High Court order of July 7, 2021 on the Uniform Civil Code, in which it observed that the UCC should not remain a mere hope in the Constitution.

While expressing regret over the conflicts in the society due to differences in various personal laws, the court observed that in modern Indian society, which is gradually becoming homogeneous, the traditional barriers of religion, community and caste are slowly dissipating.

“The youth of India belonging to various communities, tribes, castes or religions who solemnise their marriages ought not to be forced to struggle with issues arising due to conflicts in various personal laws, especially in relation to marriage and divorce,” it said, quoting the order.
 

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

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Shiv Sena, NCP To Contest Goa Assembly Elections Together – dot newz

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Mumbai:

Shiv Sena and the Nationalist Congress Party (NCP) have decided to contest the upcoming Goa Assembly elections together in alliance, Shiv Sena leader and MP Sanjay Raut said on Sunday.

Speaking to ANI, Raut said, “Shiv Sena and NCP will contest together in Goa assembly elections. There will be a discussion on seat sharing on January 18. NCP’s senior leader Praful Patel will discuss seat-sharing formula in Goa on January 18. Only after that, it will be clear who will contest on how many seats.”

“Political dynamics are different in Maharashtra and Goa. NCP, Shiv Sena, Congress are in alliance in Maharashtra. However, at the moment Congress has decided to contest alone without forming an alliance with any other party in the state,” he said.

Goa elections are set to be held in a single phase on February 14. The counting of votes will be held on March 10.

In view of the Uttar Pradesh Assembly elections, Shiv Sena leader did not comment much on Chief Minister Yogi Adityanath’s decision to contest from Gorakhpur.

“I will not make any comment on Yogi ji’s decision to contest from Gorakhpur. He has been fielded from his native constituency. So, it is a good thing. I have heard that Aparna Yadav is going to join BJP. It’s good to know,” he said.

Yadav is the daughter in law of Samajwadi Party leader Mulayam Singh Yadav.

Meanwhile, elections for the 403 assembly constituencies in Uttar Pradesh will be held in seven phases starting February 10, the Election Commission said. The polling in Uttar Pradesh will be held on February 10, 14, 20, 23, 27 and March 3 and 7 in seven phases.

(This story has not been edited by NDTV staff and is auto-generated from a syndicated feed.)

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“India Feels Proud”: PM Modi On 1 Year Of Vaccination Drive – dot newz

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Prime Minister Narendra Modi said the vaccination drive added great strength to fight against Covid.

New Delhi:

Lauding India’s COVID-19 vaccination drive as it completes a year, Prime Minister Narendra Modi today said it has added great strength to the fight against the pandemic and has resulted in saving lives and protecting livelihoods.

When the pandemic first struck, not much was known about the virus. However, our scientists and innovators immersed themselves in developing vaccines, he said. India feels proud that our nation has been able to contribute to fighting the pandemic through vaccines, PM Modi tweeted.

“I salute each and every individual who is associated with the vaccination drive,” he said, adding that the role of our doctors, nurses and healthcare workers is exceptional.

“When we see glimpses of people being vaccinated in remote areas, or our healthcare workers taking the vaccines there, our hearts and minds are filled with pride,” he said.

The prime minister asserted that India’s approach to fighting the pandemic will always remain science based. Health infrastructure is also being augmented to ensure that fellow citizens get proper care, he said, asking people to keep following all COVID-19 related protocols.

The countrywide vaccination drive against COVID-19 on Sunday completed one year, during which over 156.76 crore vaccine doses were administered.

According to Health Ministry officials, over 92 per cent of the adult population have received at least one dose while over 68 per cent have been fully vaccinated. The Centre will issue a postal stamp this afternoon to mark the completion of one year of the inoculation drive.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



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“We Invite You”: Maharashtra’s Red Carpet For Elon Musk After Telangana – dot newz

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Elon Musk had said Tesla is “working through” a lot of challenges with the Indian government. (File)

New Delhi:

Another state has now invited US billionaire Elon Musk to invest after he said that electric car pioneer Tesla was “working through” a lot of challenges with the Indian government ahead of long-awaited plans to launch in the country.

After Telangana’s invitation earlier this week, a Maharashtra minister today offered Mr Musk a place to set up Tesla’s manufacturing plant in his state.

Maharashtra Water Resources Minister Jayant Patil, in a reply to Mr Musk’s tweet, said, “Maharashtra is one of the most progressive states in India. We will provide you all the necessary help from Maharashtra for you to get established in India.”

“We invite you to establish your manufacturing plant in Maharashtra,” the Nationalist Congress Party leader added.

Earlier, Telangana minister KT Rama Rao had invited the Tesla Inc’s chief executive to set shop in his state and said that his government will be “happy to partner Tesla in working through the challenges”.

Mr Musk, in response to a tweet asking him about a potential India launch date, had not identified the “challenges” being worked on with the government.

Tesla had plans to begin selling imported cars in India last year and has been lobbying the government to lower import duties, which can be as high as 100 percent, on electric vehicles before it enters the market.

Elon Musk had tweeted last July that Tesla wanted to enter India “but import duties are the highest in the world by far of any large country”.

Even as Tesla is holding out for a cut in import duties, luxury carmaker Mercedes-Benz will start assembling the electric version of its flagship S-Class sedan, the EQS, in India later this year.



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