Married or not domestic violence act binding, says HC

July 17, 2013

Married

Kochi, Jul 17: In a significant ruling, Kerala High Court has held that a woman is entitled to get protection under the provisions of the Protection of Women from Domestic Violence Act even if she was in a live-in relationship.

'What was intended under Sect 2(a) of the Act was a relationship of the same nature as marriage and nothing more', Justice K Harilal said in his order yesterday while dismissing a petition filed by a man hailing from Cherthala in Alapuzha district against a complaint from his live-in partner seeking protection from domestic violence and compensation.

According to Justice Harilal, "The couple must have lived together akin to spouses.

That alone is sufficient. The legislature intent of the Act itself is to give protection to the women who were living with the husband in the nature of a marriage without a legal marriage."

The petitioner's contention was that the complainant was not a wife as per Sect 2(f) of the act and there was no domestic relationship them.

The Supreme Court has also specially stated they must have attained legal age of marriage and they must have lived together as spouses for a significant period of time, the court pointed out.

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News Network
May 20,2020

Kolkata, May 20: Cyclone 'Amphan' lay centred about 240 km south of Digha in West Bengal on Wednesday morning as an extremely severe cyclonic storm, the Met department said here.

The intensity near the centre of the storm was 170 to 180 kmph gusting to 200 kmph, the Met said.

'Amphan' is very likely to move north-northeastwards and cross West Bengal-Bangladesh coast between Digha and Hatiya, close to the Sunderbans during the afternoon to evening of Wednesday with a wind speed of 155 to 165 kmph gusting to 185 kmph as a 'very severe cyclonic storm', the Met department said.

West Bengal has evacuated more than three lakh people to safer places as the cyclonic storm 'Amphan' roared towards the coastal areas of the state, officials said.

The Met department, which has issued an "orange message" for West Bengal, warned of extensive damage in Kolkata, Hooghly, Howrah, South and North 24 Parganas and East Midnapore districts.

The Met department has advised that all establishments and markets remain closed in Kolkata and adjoining areas and movement of people be restricted on May 20.

There is likely to be disruption of rail and road link at several places, uprooting of communication and power poles, extensive damage to all types of 'kutcha' houses and some damage to "old badly managed pucca" structures and potential threat from flying objects, the weatherman warned.

There is also likelihood of extensive damage to standing crops, plantations and orchards and blowing down of palm and coconut trees, the Met said.

The weatherman has advised diversion or suspension of rail and road traffic in the districts which are likely to be affected.

The Eastern Railway (ER) has cancelled the departure of Howrah-New Delhi AC Special Express for Wednesday.

The departure of 02301 Howrah-New Delhi AC Special Express on Wednesday and 02302 New Delhi-Howrah AC Special Express on May 21 would remain cancelled, the ER said.

Wind speed along and off the coastal areas of West Bengal will reach 75 to 85 kmph with gusts up to 95 kmph from Wednesday morning along and off districts of North and South 24 Parganas, East and West Midnapore, Kolkata, Howrah and Hooghly, Regional Met director G K Das said.

"It will gradually increase thereafter becoming 110 to 120 kmph gusting to 130 kmph over West Midnapore, Howrah, Hooghly, Kolkata and wind speed of 155 to 165 kmph gusting to 185 kmph over the districts of North and South 24 Parganas and East Midnapore of West Bengal from the afternoon to night of May 20," he said.

Under its impact rainfall will occur in most places over the districts of Gangetic West Bengal on Wednesday, with heavy to very heavy downpour with extremely heavy rain at a few places in Kolkata, Howrah, East Midnapore, North and South 24 Parganas and Hooghly districts, he said.

"Storm surge of 4 to 5 metres above astronomical tide is likely to inundate low lying areas of South and North 24 Parganas and about 3 to 4 metres over low lying areas of East Midnapore district of West Bengal during the time of landfall," he said.

The Indian Navy has dispatched a diving team for providing assistance to the West Bengal government in relief operations, a Defence official said.

The diving team from Vishakhapatnam has brought specialised equipment along with them which can be used for rescue in case of flooding and have been positioned at the Naval Service Selection Board at Diamond Harbour in South 24 Parganas district, the official said.

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Agencies
January 26,2020

Guwahati, Jan 26: Four powerful grenade explosions--three in Dibrugarh and one in Charaideo districts--rocked Assam Sunday morning as the country celebrated Republic Day, police said.

In Dibrugarh district, an explosion took place at Graham Bazar and another beside a gurudwara on A T Road, both under Dibrugarh police station.

Another explosion rocked the oil town of Duliajan whose details are still awaited, police said.

Another explosion rocked Teok Ghat under Sonari police station of Charaideo district, they said.

Senior officials have rushed to the explosion sites and details of casualty are awaited, police added.

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News Network
March 25,2020

New Delhi, Mar 25: The Congress said on Wednesday that it stood with Prime Minister Narendra Modi on his appeal for 21-day lockdown but was "deeply disappointed by the lack of coherent strategy" and demanded that Rs 7,500 should be transferred to every Jan Dhan, PM Kisan and pension account to tide over the nutrition needs for 21-days.
It also demanded that the Public Distribution System (PDS) ration should be given free.
In a series of tweets, Congress Communications in-charge Randeep Singh Surejwala said that the need of the hour was to implement 'Minimum Income Guarantee Scheme' (Nyay) mooted by the Congress and party leader Rahul Gandhi.
"Please transfer Rs 7,500 to every Jan Dhan, PM Kisan, and every pension account to tide over nutrition needs of 21 days and give free PDS ration. We will rise together as a nation and defeat COVID-19. We stand with lockdown but are deeply disappointed by the lack of coherent strategy or a clear 'way ahead' on your part," he said.
Surjewala asked what steps the government took despite an early warning about COVID-19 and sought details about isolation beds and ventilators available to people.
"Dear PM, India will adhere to the lockdown but what steps did the govt take to tackle the corona pandemic despite early warnings in Feb? When will doctors, nurses and health workers have adequate protection? How many 'isolation beds' and ventilators are available and where?" he said.
He asked how daily wagers and labourers will sustain during the 21-day lockdown.
"What's your plan to address the huge issue of bread and butter and livelihood for millions? How will daily wagers, labourers, MGNREGA workers, factory workers, unorganised workers, fishermen, farmers and farm labour sustain for 21 days?" he asked.
Surjewala said the crying need is to arm doctors, nurses and health workers with personal protection equipment and asked: "why are N-95 masks, Hazmat suits not available?"
"In March itself, India needs 7.25 lakh bodysuits, 60 lakh N-95 masks, 1 crore 3 ply masks? When will they be available?" he asked.
Surjewala said that the government banned the export of ventilators, respiratory devices and sanitisers only yesterday on March 24, "84 days after the spread of COVID-19."
"Is this your government's 'Modus operandi' to fight coronavirus? Too little, Too late!," he said.
Noting that two-thirds of the country's population is engaged in agriculture, he said that Prime Minister Modi did not refer to farmers during his address to the nation and demanded a moratorium on farmers' loans.
"Crop is ready for harvest in March itself. How will it be harvested and sold and who will buy at fair price? Indebtedness relief to farmers is the only way forward in these testing times. Please put a moratorium on farmers' loans and recoveries. Please ensure the procurement of crops at MSP. Let's not forget that farmers are the backbone of India's economy," he said.
Surjewala said the Prime Minister gave only four hours to prepare for 21-day lockdown.
"Did you think of over 5 lakh truck drivers, who are now stranded on roads? Did you think of millions of workers, who are stranded in cities away from home without food or money? What should they do," he asked.

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