Bombay HC: Can't divorce wife for pushing condom use

May 4, 2012
Mumbai, May 4: Planning when to start a family cannot be treated as cruelty, said the Bombay high court on Thursday, upholding the family court's dismissal of a man's divorce plea.

An HC division bench of judges P B Majmudar and Anoop Mohta was hearing a petition by Pradeep Bapat (30), who said that during their honeymoon his wife Prerna (26) refused to have sex unless he wore a condom and subsequently refused to conceive on the grounds that they were not financially stable.

"She must not have shown willingness to become a mother unless there was financial stability. She wanted to give the child a better life," Justice Majmudar said. "It is a mutual decision and a husband cannot insist," said Justice Mohta.

The reply of Bapat's advocate- "Why do people go for honeymoon?" - raised a few titters in the courtroom.

The judges also held that Pradeep's other grounds for seeking divorce--not knowing to cook, not being religious, not parting with salary and not folding clothes properly--did not amount to cruelty either. Bapat's lawyer said his family wanted a working graduate as his wife, who would live in their joint family and also do housework. To this, Justice Majmudar said, "A woman is not a slave. The wife is an ardhangini (a man's other half). Her right of freedom of speech cannot be taken away. You have put (common household troubles) in the plea. If we construe these as cruelty, then no marriage will be safe."

Observing that Bapat's family was "conservative" and "full of perfection", Justice Majmudar said, "You (Prerna) should not have selected this house."

Her advocate replied, "She was the eldest (child) and unless she married, her younger sister would not have been able to do so either."

Justice Majmudar said, "Girls are still treated as a burden on parents. A girl must know to which family she is going (after marriage)."

In their order, the judges said the case was an eye-opener for those who were yet to marry. They said that especially in the case of arranged marriages, the prospective husband and wife should get to know each other and see if they could live happily together. "It is the duty of (both sets of) parents to consider various aspects before the actual marriage takes place."

The judges were told that Prerna was willing to return to her marital home, but Bapat did not want her back. The couple married in February 2007; Prerna left her marital home in June the same year.

The judges noted that in a short span of time, the relationship between Prerna and Bapat had become strained. Also, Prerna was "subjected to ill-treatment" and Bapat "treated her as if she was on probation". "A girl coming into an entirely new atmosphere would have expected love and affection. The husband and his family are required to see to it that a (newly) married woman does not feel that she has come to an absolutely strange place," the judges said.

cndm


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Agencies
July 7,2020

Meerut: The licence of a private hospital in Uttar Pradesh’s Meerut has been suspended after a video showing its staff member providing fake Covid-19 report had gone viral.

"A video had gone viral in Meerut. We have registered a case in this regard. We have suspended the licence of the nursing home. Today, we have sealed it also. Strict action will be taken against anybody who will do something like this in this time of crisis,” said Anil Dhingra, District Magistrate, Meerut.

In the video, the person can be heard saying that they provide Covid-19 negative report for Rs 2,500, Dhingra stated.

Meerut CMO Rajkumar said, “In the video, a man from the hospital can be heard saying that he can arrange COVID-19 negative report and the person can get operation or other things done. We have identified the man. We have suspended the licence of the hospital and an FIR has been registered.”

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Agencies
February 23,2020

Panaji, Feb 23: A MiG-29K aircraft crashed off Goa during a routine training sortie on Sunday morning, the Indian Navy said in a statement.

"The pilot ejected safely and has been recovered. An enquiry into the incident has been ordered," the statement said.

On November 16, a MiG-29K trainer flight had crashed after a bird hit, soon after it took off the Dabolim International airport, which functions out of the Indian Navy base INS Hansa.

Both pilots had managed to safely eject themselves to safety after both the engines of their jet failed.

According to data tabled in the recent budget session of the Goa Assembly, every ten days, at least one aircraft landing or taking off at Goa's Dabolim international airport faces dangers involving birds or stray dogs near the runway.

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News Network
July 5,2020

Bhubaneswar, Jul 5: Odisha Police have arrested five persons including groom for gross negligence and violation of COVID-19 guidelines during his marriage procession in Berhampur.

"A case has been registered for violation of COVID-19 guidelines for organising a marriage procession with more than 50 guests in the premises of a hotel. They disregarded the compulsory use of mask and flouted social distancing norms," DIG Central Zone Satyabrata Bhoi said.

The incident happened on July 2.
"The case has been registered at Gopalpur PS under section 188/269/270 IPC, R/W Sec- 3 Epidemic Disease Act, and 34 IPC. Two vehicles used in the procession have also been seized. the arrested persons will be produced in the court," he added.

The District Collector has sealed the hotel for violating the COVID-19 norms.

Following the incident, the Chief Minister's office tweeted: "Odisha is in a crucial phase in the fight against COVID-19, hence, it is very essential that we all obey guidelines and regulations issued by State Government to contain the spread of COVID-19. Violation of the same would lead to strong action." 

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