Udupi: Court restrains man from going abroad with second wife

coastaldigest.com news network
March 27, 2018

Udupi, Mar 27: A local court in the coastal district has ordered the Passport Office to restrain a litigant, Jagadish alias Jagannath of Nada village of Kundapur taluk, preventing him from fleeing abroad as he had “cheated his lawfully wedded wife by marrying another woman”.

Amitha, the aggrieved woman had approached the Udupi Superintendent of Police seeking police protection for herself and her parents, living in Chempi village, from her husband Jagadish, son of Muttaiah Acharya.

Ravindranath Shanbhag, president of Human Rights Protection Foundation (HRPF) told media persons that Jagadish married an unsuspecting Amitha (22) from Chempi in 2012 and settled down in his ancestral home in Nada. Although Jagadish neglected her from the first day of their marriage, Amitha quietly abided by her duties as a wife.

He was irritable and lost temper with her for minor reasons. She bore all the tantrums and insults and led a lonely life. Jagadish was working as a technician in a private company in Muscat.

However, in 2014, Amitha figured out the real reason for her husband’s unruly behaviour. Prior to his marriage with Amitha, Jagadish had been living and having a relationship with another woman of Ganiga community. When his parents Kamala and Muttaiah Acharya came to know about it, they insisted on having a daughter-in-law from their own Vishwakarma community.

With the full knowledge of their son having a relationship with another woman, they successfully clinched an alliance with Prabhakar Acharya’s daughter Amitha.

In 2014, after this fraud committed by Jagadish came to the light, both the families got together and discussed the matter, and finally came to the conclusion that Jagadish must pay Amitha a compensation of Rs 25 lakh and dissolve their marriage through a decree in court.

As per the agreement, Jagadish paid an advance of Rs 10 lakh with the assurance that he would pay the rest after the dissolution of the marriage. He also signed the papers for dissolving the marriage through mutual consent. After the dissolution case was filed before the Senior Civil Judge at Kundapur, he stopped appearing for court hearing.

By this, he thought that he could escape from paying the remaining compensation of Rs 15 lakh. He thought that he could take advantage by delaying the matter in court, Dr Shanbhag said.

Amitha and her family then approached HRPF for guidance, which brought the matter to the notice of the district administration. Amitha expressed apprehension of Jagadish fleeing the country with his second wife without dissolving their marriage.

As per the directions of the Deputy Commissioner, Priyanka Mary Francis, the Women and Child Welfare Officer urged the court to restrain Jagadish from leaving the country. The Kundapur Civil and JMFC court issued orders on March 15, 2018, restraining from leaving the country and also passed an interim order that Amitha be paid Rs 2,000 per month as maintenance pending litigation, Dr Shanbhag said.

Comments

MZA
 - 
Tuesday, 27 Mar 2018

BJP Government, Supreme court etc. always discusses about marital problems of muslims only as if there is problems in muslim community only. The social problems in other communities more than muslims but not discussed widely. Please note that divorce rate and polygamy is more in other communities than muslims (go and check facts and figures). Those who see the problems in muslim personal laws let them study its law thoroughly. Thanks

Mohan
 - 
Tuesday, 27 Mar 2018

Why court cant punish him instead of travel ban

Unknown
 - 
Tuesday, 27 Mar 2018

Then what about the people who did triple talaq and married another "girl" again

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News Network
January 2,2020

Bengaluru, Jan 2: Accusing Prime Minister Narendra Modi of "neglecting" Karnataka ahead of his visit on Thursday, the state Congress questioned why he did not give adequate relief and pay a visit to the state, when most of its parts were affected by severe floods last year.

Modi will begin his two-day visit to the state on Thursday afternoon.

The Congress' Karnataka unit in a series of tweets also questioned the Prime Minister about not conferring the "Bharat Ratna" on Shivakumara Swamiji of Siddaganga Math, who passed away last year at the age of 111 years.

"Why you did not visit the state, when it was affected by floods? Despite the damage of over Rs 1 lakh crore why you did not declare it as a national disaster? Why you did not give interim relief? When the state government has given a report that the damage caused was to the tune of Rs 35,300 crore why did you sit quiet by giving just Rs 1,200 crore," the state Congress tweeted.

As many as 103 taluks in 22 districts of Karnataka were affected due to unprecedented floods in August, in which over 80 people were killed.

Around seven lakh people were shifted to safe areas during the deluge and thousands of houses were damaged.

In October, various parts of the state faced a deluge for the second time in two months, killing over 13 people and damaging thousands of houses.

Asking as to why the Centre was not giving the state's share of GST amount adequately, the Congress questioned as to why dues under MNREGA programme were not paid so far, and why Karnataka was being neglected while allocating grants.

Questioning Modi as to why he did not visit Tumakuru when Shivakumara Swamiji of Siddaganga Math passed away, the principal opposition party in the state Assembly, also sought to know why the seer was not conferred with the Bharat Ratna yet.

It also pointed out that former Chief Minister Siddaramaiah had written a letter in this regard in January 2018.

The Congress has also hit out at the BJP-led Central government over imposition of Hindi language by neglecting regional languages and mother tongue.

The Prime Minister will kickstart his visit to the state by paying tributes to the late pontiff's 'Gadduge' (final resting place) at the Math premises near Tumakuru.

Later, he will attend an event organised to give away Krishi Karman awards and to distribute fishing equipment at the government college ground in Tumakuru, before leaving for Bengaluru where he will be attending a DRDO event.

On Friday he will be inaugurating 107th Indian Science Congress here.

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coastaldigest.com news network
July 20,2020

Mangaluru, Jul 20: Former Union Minister B Janardhana Poojary has urged the people not to be afraid of coronavirus and lead a healthy lifestyle as he was discharged from hospital after completely recovering from covid-19.

The 83-year-old Billawa stalwart was undergoing treatment at a private hospital in the city for over two weeks as he was tested positive for the coronavirus. Today he was discharged from the hospital. 

“There is no need to be worried about the covid-19. People should consume nutritious and immunity boosting food and lead a healthy lifestyle,” he said.

He also urged the people to follow all necessary guidelines such as maintaining physical distance, wearing masks and washing hands frequently to prevent the spread of the virus.

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coastaldigest.com news network
February 14,2020

Bengaluru, Feb 14: In a major embarrassment to the police, the Karnataka High Court has termed as illegal the prohibitory orders imposed under Section 144 of CrPC by the City Police Commissioner in December 2019 in the light of the anti-Citizenship Amendment Act (CAA) protests in Bengaluru.

The orders were passed “without application of mind” and without following due procedures, the court noted. Giving reasons for upholding the arguments of the petitioners that there was no application of mind by the Police Commissioner (Bhaskar Rao) before imposing restrictions, a division bench of the High Court said he had not recorded the reasons, except reproducing the contents of letters addressed to him by the Deputy Commissioners of Police (DCPs). 

The state government had contended that prohibitory orders were passed based on reports submitted by the DCPs who expressed apprehension about anti-social elements creating law and order problems and damaging public property by taking advantage of the anti-CAA protests.  

The High Court bench said the Police Commissioner should have conducted inquiry as stated by the Supreme Court to check the reasons cited by the DCPs who submitted identical reports. Except for this, there were no facts laid out by the Police Commissioner, the court said.

“There is complete absence of reasons. If the order indicated that the Police Commissioner was satisfied by the apprehension of DCPs, it would have been another matter,” it said.  

“The apex court has held that it must record the reasons for imposition of restrictions and there has to be a formation of opinion by the district magistrate. Only then can  the extraordinary powers conferred on the district magistrate can be exercised. This procedure was not followed. Hence, exercise of power under Section 144 by the commissioner, as district magistrate, was not at all legal”, the bench said. 

“We hold that the order dated December 18, 2019 is illegal and cannot stand judicial scrutiny in terms of the apex court’s orders in the Ramlila Maidan case and Anuradha Bhasin case,” the HC bench said while upholding the arguments of Prof Ravivarma Kumar, who appeared for some of the petitioners.   

Partly allowing a batch of public interest petitions questioning the imposition of prohibitory orders and cancelling the permission granted for protesters in the city, the bench of Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar observed that, unfortunately, in the present case, there was no indication of application of mind in passing prohibitory orders.

The bench said the observation was confined to this order only and it cannot be applicable in general. If there is a similar situation (necessitating imposition of restrictions), the state is not helpless, the court said.

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