Will deal with only legal aspect of triple talaq: Supreme Court

February 14, 2017

New Delhi, Feb 14: Supreme Court on Tuesday said it would decide issues pertaining to "legal" aspects of the practices of triple talaq, 'nikah halala' and polygamy among Muslims and would not deal with the question whether divorce under Muslim law needs to be supervised by courts as it falls under the legislative domain.muslim-marriage copy

"You (lawyers for parties) sit together and finalise the issues to be deliberated upon by us. We are listing it on Thursday for deciding the issues," a bench comprising Chief Justice J S Khehar and Justices N V Ramana and D Y Chandrachud said.

The bench made it clear to the parties concerned that it would not deal with the factual aspects of the particular case and would rather decide the legal issue.

"We are not interested with facts at all. We are only interested in dealing with the legal issue," the bench said.

The apex court said that the question whether divorce under Muslim Personal Law needs to be supervised by either courts or by a court-supervised institutional arbitration falls under the legislative domain.

The court, meanwhile, allowed the lawyers to file small synopsis of cases pertaining to alleged victims of triple talaq.

The Centre had earlier opposed the practice of triple talaq, 'nikah halala' and polygamy among Muslims and favoured a relook on grounds like gender equality and secularism.

The ministry of law and justice referred to constitutional principles like gender equality, secularism, international covenants, religious practices and marital law prevalent in various Islamic countries.

Responding to a batch of petitions including the one filed by Shayaro Bano challenging the validity of such practices among Muslims, the Centre first dealt with the right of gender equality under the Constitution.

All India Muslim Personal Law Board, however, had rubbished the stand taken by the Narendra Modi government that the apex court should re-look these practices as they are violative of fundamental rights like gender equality and the ethos of secularism, a key part of the basic structure of the Constitution.

Another prominent Islamic organisation Jamiat Ulema-i-Hind told the court there is no scope for interference with the Muslim Personal Law in which triple talaq, 'nikah halala' and polygamy are well rooted and stand on much higher pedestal as compared to other customs.

Comments

Hindustan Hamara
 - 
Tuesday, 14 Feb 2017

Spineless government is mute spectator to dalit discrimination and rss terrorism talking about Muslim Law. Chaddi Ravi Shankar Prasad should resign. He is not good for Indian Society. Who is he to say what is good for Indian Muslims? Can I say that beef is good for Brahman and it is law that every Brahman should eat beef along with vegetables? Triple talaq in one sitting is not widely practiced in India but it is ISLAMIC LAW which can be applied in rarest of rare case subject to Qazi'? approval. Triple talaq in 3 sitting is widely practiced in Indian society. Govt should think about improving people'? lives rather than peeping in people'? bedrooms and bathrooms.

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News Network
June 21,2020

Mangaluru, June 21: A local court has held notorious serial killer Cyanide Mohan Kumar guilty in the murder of a 25-year-old woman from Kasargod. This is the 20th and the last case of Cyanide Mohan to be tried in the sixth additional district and sessions court. 

According to public prosecutor Jayarama Shetty, the victim was working as a cook in a ladies hostel and got in touch with Mohan Kumar, a teacher. He visited her house thrice and promised to marry her. On July 8, 2009, on the pretext of visiting a temple in Sullia, she left home, never to return. 

They had travelled to Bengaluru and three days later, when her family tried to reach her on phone, he told them that she had gone for a bath and that they were married and would be returning back home soon.

The next day Ramakrishna, a constable from Upparpete police station, found a lady lying unconscious outside the bathroom and he immediately rushed her to a local hospital, where she was declared dead on arrival. Like in all other cases, after staying in a lodge and having sex with the victim, he took her to the KSRTC bus stand and asked her to consume a cyanide laced tablet, stating it was a contraceptive pill. 

He asked her to leave behind the jewellery that she was wearing at the hotel room. An unnatural death report was registered and since none of her relatives had turned up for identification of the body, on July 15,2009 the body was buried.

The moment the Dakshina Kannada district police arrested the serial killer on October 21, 2009 and his pictures were all over the media, the family recognised him and the victim’s younger sister filed a missing complaint. The police had also recovered the victim’s jewellery from the house of Mohan’s second wife and the jeweller from whom he had purchased cyanide had also identified him. Meanwhile, the CID had taken over the case and a charge sheet was filed.

"The report from the Forensic Science Laboratory is crucial in this case as cyanide was found in the victim’s viscera. Mohan over the years has become a legal expert and in this case, he had sought two adjournments," said Jayaram Shetty. Mohan is currently lodged in the Hindalga central jail.
 

Comments

AJIT KUMAR
 - 
Sunday, 21 Jun 2020

shame to keep this man  alive for so many criminal cases, shoot him or hang him immideatly

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News Network
March 2,2020

Bengaluru, Mar 2: The Opposition Congress and the JD(S) members protested in the Karnataka Legislative Assembly on Monday over the BJP leader Basavaraj Patil Yatnal's alleged derogatory remark against veteran freedom fighter H S Doreswamy.

Opposition Leader in the Assembly and former Chief Minister Siddaramaiah, raised the issue, immediately after the obituary reference of sudden demise of former Minister C Chanigappa, and sought permission from the Speaker to raise the issue of Yatnal's outburst in the House stating that the matter of hurling defamatory remark against Gandhian Doreswamy, by Mr Yatnal, was very much serious. However, the treasury bench members protested and urged the Speaker not to allow the matter to discuss as the issue was not in the agenda.

The Speaker, Vishveshwar Hegde Kageri, promised the Congress leader about permitting the issue after the House adopts resolution on the thanksgiving motion for the Governor's address of the joint House recently and asked Chief Minister B S Yediyurappa to continue his reply to the Governor's address.

The opposition Congress and the JD(S) members, protesting the Speaker's action, trooped into the well of the house and raised slogans against the BJP government.

The Chief Minister continued his reply amidst the din before the Speaker adjourned the House for 30 minutes after the House adopted the thanksgiving motion to the Governor's Address.

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June 16,2020

Mangaluru, June 16: A youth has been arrested by the sleuths of Ullal police station on charge of sexually assaulting a minor girl and impregnating her on the outskirts of the city. 

The arrested has been identified as Lavakumar alias Shravan, a resident of Valacchil, who was working in a fast-food outlet at Thokkottu. 

According to the police, the accused had sexually assaulted his owner’s minor daughter. The incident came to light when the girl’s mother came to know that former was pregnant.

It is said that the girl’s mother, who had employed the accused, allowed him to stay in their house. The accused befriended the minor girl and sexually used her.

Based on a complaint filed by the girl’s mother, a case was registered at Ullal police station under Pocso Act. The police arrested him yesterday and produced him before a local court.

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