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
May 21,2020

Mangaluru, May 21: The Supreme Court has awarded Rs 7.64 crore compensation to the next of kin of a man who was killed in a crash-landing of Air India Express Flight 812 from Dubai in Mangalore on May 22, 2010. The accident killed 158 out of 166 passengers on board.

The family of the 45-year-old Mahendra Kodkany, which include his wife, daughter and son, were earlier granted Rs 7.35 crore as compensation by National Consumer Disputes Redressal Commission (NCDRC). This compensation will now get enhanced after adding 9 per cent interest per annum (on the amount yet to be paid), to be paid by Air India.

Kodkany was the regional director for the Middle East for a UAE-based company. The aircraft overshot the runway and went down a hillside and burst into flames.

A bench comprising Justices D.Y. Chandrachud and Ajay Rastogi said: "The total amount payable on account of the aforesaid heads works out to Rs 7,64,29,437. Interest at the rate of nine per cent per annum shall be paid on the same basis as has been awarded by the NCDRC. The balance, if any, that remains due and payable to the complainants, after giving due credit for the amount which has already been paid, shall be paid within a period of two months."

The apex court noted that in a claim for compensation arising out of the death of an employee, the income has to be assessed on the basis of the entitlement of the employee. The top court said: "We are unable to accept the reasons which weighed with the NCDRC in making a deduction of AED (UAE currency) 30,000 from the total CTC. Similarly, and for the same reason, we are unable to accept the submission of Air India that the transport allowance should be excluded. The bifurcation of the salary into diverse heads may be made by the employer for a variety of reasons."

The top court observed that the deceased was evidently, a confirmed employee of his employer. "We have come to the conclusion that thirty per cent should be allowed on account of future prospects", added the court.

The top court noted that if the amount which has been paid by Air India is in excess of the payable under the present judgement, "we direct under Article 142 of the Constitution (discretionary powers) that the excess shall not be recoverable from the claimants," said the court.

Comments

A.Rahman
 - 
Friday, 22 May 2020

First of all  A Salute To Lawyer One Who Handled This Case Against Carriers Mismanagement Wrong Action.

 

Sure this is the second victory for the lawyer against arriers mismanagement.

 

Over all it is the sign  of a profesional ; qualified  eligble  lawyers efforts and right decision from a capable knowlegable judge. Suit case operating lawyers cannot handle such specilized cases.

They lawyer may handled rest of the vicitms cases or he not. But for his siincere efforts for the past ten years delcares whatn he  is. Am personally met him and  witnessed his court appearance  hope and wish him all the best and success .

 

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News Network
May 1,2020

Bengaluru, May 1: Karnataka government has assigned State Nodal Officers after the Ministry of Home Affairs (MHA) order regarding the inter-state movement of stranded migrant workers, tourists, pilgrims and students during the lockdown period.

The Nodal officers have also been appointed for coordination with 11 different states.

In an order issued on Thursday, Karnataka Government wrote, "To facilitate smooth and orderly movement of persons across State borders as per SOPs, the undersigned, in the exercise of powers conferred under the Disaster Management Act, 2005, and in the capacity as Chairman, State Executive Committee, hereby appoint the following officers as Nodal officers to coordinate with Nodal Officers of States/Union Territories (UTs) mentioned against their names."

Dr Rajkumar Khatri, IAS and Arun Jeji Chakravarthy, IPS will be overall in charge of the movement of stranded people from outside States/UTs to Karnataka.

N Manjunatha Prasad, IAS and P S Sandhu, IPS will be overall in charge of the movement of stranded people from Karnataka to other States/UTs.

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News Network
July 18,2020

Bengaluru, Jul 18: Bringing a major change in the  administration of Bengaluru, which has emerged as a Covid-19 hotspot, the state government on Saturday transferred B H Anil Kumar out of the BBMP and brought N Manjunath Prasad to take his place. 

Manjunath Prasad, who headed the Bruhat Bengaluru Mahanagara Palike (BBMP) before being replaced by Kumar, will take over with immediate effect. The government has also placed him in concurrent charge of the Revenue Department as well as the Disaster Management, Bhoomi and UPOR.

Kumar, an Additional Chief Secretary, has been put in a place where earlier a secretary was posted. He now heads the Department of Public Enterprises. The posting would have brought him two spots down had it not been for the government upgrading it to the level of additional chief secretary. 

Anil Kumar, who was earlier praised for his work to contain the coronavirus pandemic, had faced criticism by the High Court of Karnataka for the BBMP's failure to help people in containment zones as well as other issues on the spread of the pandemic. 

Sources in the government said, pressure has been building up against Anil Kumar over the last two months after most of the Bengaluru MLAs complained to the chief minister's office.

"No MLA backed him. Everyone had a problem," a source said. 

Things came to the head with regard to a Rs 436 crore project given to KRIDL. "The issue reached the chief minister's office as all the MLAs took an issue with the way the project was awarded," a source said. 

Another source said that Kumar came under fire after a central team flagged the issue of failing Covid-19 surveillance measures in Bengaluru. The central team's criticism, it is widely believed in the government, came as the last straw. 

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