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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July 20,2020

Udupi, Jul 20: Five COVID Day Care Centres have been opened here on Monday with combined 870 bed for asymptomatic Covid-19 patients.

The Centres are set up at Karkala (1), Udupi (3) and Kundapura (1). Presently more than 100 patients are being treated in these Centres.

These Centres have been opened in the wake of high incidences of Covid-19 cases in the district. They are set up for asymptomatic patients who do not wish to be treated at home.

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News Network
April 19,2020

Bengaluru, Apr 19: A recent government order prohibiting congregations, Ramadan prayers is discriminatory and needs to be withdrawn, JD(S) MLC B M Farookh has demanded.

In a letter to the chief secretary, Farookh pointed out that the order contained certain conditions such as restriction of the use of public address system and delivering Azan in low decibels, which had nothing to do with the prevention of Covid-19 disease.

“These days, Azan includes a call for the community to pray at home and does not offer namaz at mosque. The order also prohibits preparation and distribution of porridge, which has always been taken up in the interest of the poor. The High Court has noted that the relief distribution by NGOs or individuals should not be prevented and the state machinery has to coordinate the same by ensuring social distancing. The ban on distribution of porridge by mosques amounts to discrimination. The order needs to be withdrawn or revisited,” he wrote in his letter.

Further, observing that a religious fair was conducted in Kalaburagi recently, in violation of the government’s social distancing norms, Farookh sought the government to ensure that social distancing norms are enforced with regard to festivals of all communities without discrimination.

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May 30,2020

Dubai, May 30: Taking advantage of Vande Bharat Mission, a notorious NRI conman has fled to India through a repatriation flight after duping several businessmen in United Arab Emirates and stealing goods worth nearly six million dirhams.

Yogesh Ashok Yariava, 36, owner of the fraudulent Royal Luck Foodstuff Trading and prime suspect in the audacious scam took a flight to Hyderabad from Abu Dhabi on May 11 with around 170 repatriates.

His mandatory two-week quarantine period would have ended on May 25, but for his 40 odd victims a protracted battle for justice has just begun.

Last Wednesday many of them trooped down to the Indian Consulate office in Dubai in the hope of getting an audience with Consul General Vipul. The following day they went to Bur Dubai police station clutching dud bank cheques.

In a replay of the familiar trading scam, conmen representing Royal Luck Foodstuff approached unsuspecting traders and made bulk purchases against post-dated cheques.

They bought anything they could get their hands on: Facemasks, hand sanisters and medical gloves worth nearly half a million dirhams from Skydent Medical Equipment, Raheeq Laboratories and GSA Star; rice and nuts (Dh393,000) from Al Baraka Foods; tuna, pistachios and saffron (Dh300,725) from Yes Buy General Trading; French fries and mozzarella cheese (Dh229,000) from Mehdu General Trading; frozen Indian beef (Dh207,000) from Al Ahbab General Trading and halwa and tahina (Dh52812) from Emirates Sesame Factory. It’s a long list and it keeps getting longer as more victims come forward.

When their post-dated cheques started bouncing, the traders rushed to Royal Luck’s Opal Tower office in Business Bay. But it was too late. They had shut down and all their 18 staffers had disappeared. Visits to their warehouses also drew a blank.

“Calls made to the company’s sweet-talking purchase managers who visited us days earlier carrying fancy business cards remained unanswered,” said Chandrasekaran Ganesan of Ajman-based Skydent Medical Equipment which supplied protective face masks worth Dh175,875.

Another business owner, Anand Asar said he visited Royal Luck’s office after his cheque of Dh79,552 returned marked insufficient funds. “The security guard at the building told us their staff was last seen on May 17,” said Asar who has since lodged a police complaint.

“I am devastated. I don’t know how I will recover my losses,” said another trader.

Victims reckon the ill-gotten goods have been sold to third parties at dirt cheap prices.

“They have got millions of dirhams worth of goods against worthless pieces of paper. The scammers would rack up huge profits even if they sell our stuff for one tenth their price,” said another trader who pegged his losses at Dh200,000.

The scam comes close on the heels a Dh4 million fruit loot in which 810 tonnes of fruits shipped by Indian exporters to OPC Foodstuff Trading in Deira, Dubai were similarly stolen last month.

Legal adviser Salam Pappinisseri from Sharjah based United Advocates that represents five firms which have collectively lost over Dh550,000 said they are weighing legal action against the prime suspect Yogesh Ashok Variava in both India and the UAE.

“Yogesh, originally from Mumbai, absconded from the UAE with large amounts of money on an emergency evacuation flight. It’s strange that the fraudster got a seat in the flight which was meant to bring stranded Indian citizens who had registered with the Indian embassy and consulate requesting repatriation on urgent grounds,” said Pappinisseri.

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