Gaining weight after marriage can't be ground for divorce: HC

June 22, 2014

Mumbai, Jun 22: Gaining weight after marriage cannot be a ground for granting divorce, the Bombay High Court has held while rejecting a husband's plea for dissolving marriage as his wife had put on excess flab.

weight gainOne of the grounds for seeking divorce was that the wife had concealed from her husband that she had undergone a breast surgery before marriage as a result of which she gained weight later.

The husband had complained that because of 'ailment' suffered by her, he could not enjoy the pleasures of matrimonial life.

In the petition, the husband alleged that after the marriage, his wife started putting on weight. He contended that though he tried to persuade her to take medical treatment, she declined to cooperate.

He submitted that his wife always declined to do household work and that he was required to do the said work. He also alleged that she never fulfilled his expectations and that she never performed her duties as a wife.

He said that he and his wife did not enjoy healthy sexual relations.

However, the court noted that the husband had admitted that the marriage was consummated. His grievance was therefore only about his wife being overweight and this could not be a ground for seeking divorce, said a bench of justices M S Sonak and A S Oka.

The court also noted that the allegation of the husband that the respondent was of quarrelsome nature and that she was adamant, constitute the normal wear and tear of marriage and by itself was no ground for divorce.

After marriage, the couple stayed in Pune. As they could not get along well, the husband applied for divorce in a family court in Pune which rejected his plea.

He later moved the Bombay High Court which dismissed his appeal, observing that gaining weight cannot be a ground for granting divorce.

The husband said that he had met his wife through a marriage bureau in Solapur and that she had not disclosed in the form that she had undergone a surgery of 'hypertrophic breasts'. After marriage, she gained weight because of the surgery, he claimed.

The wife submitted that there was no column in the form where she could have stated about her surgery. She said she had no intention to hide this from her husband.

She also denied allegations of her husband that before the marriage he had specifically asked her about any major operation undergone by her and still she did not disclose it.

The man alleged that the material information was suppressed by his wife before solemnisation of the marriage and on being questioned by him after the marriage, she responded saying that there was nothing serious about the surgery.

She told the court that information regarding the surgery was disclosed by her family members to the husband and his family members before the solemnisation of marriage.

The husband argued that this was a case of irretrievable breakdown of the marriage.

The court held, "Even assuming that there is an irretrievable breakdown of marriage, under section 13 of the said Act, the break down of the marriage is no ground to grant a decree of divorce."

The judges said, "The husband has failed to substantiate allegations made by him against his wife which are of very serious nature. Therefore, it is very difficult to believe the testimony of the appellant (husband).

"The allegations that the respondent (wife) was of quarrelsome nature and that the respondent is adamant, constitute the normal wear and tear of marriage and by itself no ground for divorce," said the court while dismissing the appeal filed by the husband against the Pune family court order.

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Agencies
June 28,2020

The US space agency has thrown open a challenge to win over Rs 26 lakh, calling the global community to send novel design concepts for compact toilets that can operate in both microgravity and lunar gravity.

NASA is preparing for return to the Moon and innumerable activities to equip, shelter, and otherwise support future astronauts are underway.

The astronauts will be eating and drinking, and subsequently urinating and defecating in microgravity and lunar gravity.

NASA said that while astronauts are in the cabin and out of their spacesuits, they will need a toilet that has all the same capabilities as ones here on Earth.

The public designs for space toilet may be adapted for use in the Artemis lunar landers that take humans back to the Moon.

"Although space toilets already exist and are in use (at the International Space Station, for example), they are designed for microgravity only," the US space agency said in a statement.

NASA's Human Landing System Programme is looking for a next-generation device that is smaller, more efficient, and capable of working in both microgravity and lunar gravity.

The new NASA challenge includes a Technical category and Junior category and the last date to send designs is August 17.

NASA's Artemis Moon mission will land the first woman and next man on the lunar surface by 2024.

The Artemis programme is part of America's broader Moon to Mars exploration approach, in which astronauts will explore the Moon and experience gained there to enable humanity's next giant leap, sending humans to Mars.

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Agencies
February 26,2020

Unnao, Feb 26: Ever heard of someone wishing a 'bright future' for the dead? In a bizarre incident in Uttar Pradesh's Unnao district, a village head issued a death certificate with the wish for an elderly man who had died last month.

The incident took place in the Sirwariya village in Asoha block where an elderly person Laxmi Shankar died after a prolonged illness on January 22.

His son went to the village head Babulal and requested him to issue a death certificate that he needed for some financial transactions.

Babulal not only issued the death certificate, but also 'wished' 'a bright future for the deceased' on the document.

The village head wrote in the death certificate -- "Main inke ujjwal bhavishya ki kaamna karta hoon (I wish him a bright future)."

The letter went viral on the social media on Monday after which the village head apologised for the error and issued a new death certificate.

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News Network
May 30,2020

May 30: Patients undergoing surgery after contracting the novel coronavirus are at an increased risk of postoperative death, according to a new study published in The Lancet journal which may lead to better treatment guidelines for COVID-19.

In the study, the scientists, including those from the University of Birmingham in the UK, examined data from 1,128 patients from 235 hospitals from a total of 24 countries.

Among COVID-19 patients who underwent surgery, they said the death rates approach those of the sickest patients admitted to intensive care after contracting the virus.

The scientists noted that SARS-CoV-2 infected patients who undergo surgery, experience substantially worse postoperative outcomes than would be expected for similar patients who do not have the infection.

According to the study, the 30-day mortality among these patients was nearly 24 per cent.

The researchers noted that mortality was disproportionately high across all subgroups, including those who underwent elective surgery (18.9 per cent), and emergency surgery (25.6 per cent).

Those who underwent minor surgery, such as appendicectomy or hernia repair (16.3 per cent), and major surgery such as hip surgery or for colon cancer also had higher mortality rates (26.9 per cent), the study said.

According to the study, the mortality rates were higher in men versus women, and in patients aged 70 years or over versus those aged under 70 years.

The scientists said in addition to age and sex, risk factors for postoperative death also included having severe pre-existing medical problems, undergoing cancer surgery, undergoing major procedures, and undergoing emergency surgery.

"We would normally expect mortality for patients having minor or elective surgery to be under 1 per cent, but our study suggests that in SARS-CoV-2 patients these mortality rates are much higher in both minor surgery (16.3%) and elective surgery (18.9%)," said study co-author Aneel Bhangu from the University of Birmingham.

Bhangu said these mortality rates are greater than those reported for even the highest-risk patients before the pandemic.

Citing an example from the 2019 UK National Emergency Laparotomy Audit report, he said the 30-day mortality was 16.9 per cent in the highest-risk patients.

Based on an earlier study across 58 countries, Bhangu said the 30-day mortality was 14.9 per cent in patients undergoing high-risk emergency surgery.

"We recommend that thresholds for surgery during the SARS-CoV-2 pandemic should be raised compared to normal practice," he said.

"For example, men aged 70 years and over undergoing emergency surgery are at particularly high risk of mortality, so these patients may benefit from their procedures being postponed," Bhangu added.

The study also noted that patients undergoing surgery are a vulnerable group at risk of SARS-CoV-2 exposure in hospital.

It noted that the patients may also be particularly susceptible to subsequent pulmonary complications, due to inflammatory and immunosuppressive responses to surgery and mechanical ventilation.

The scientists found that overall in the 30 days following surgery 51 per cent of patients developed a pneumonia, acute respiratory distress syndrome, or required unexpected ventilation.

Nearly 82 per cent of the patients who died had experienced pulmonary complications, the researchers said.

"Worldwide an estimated 28.4 million elective operations were cancelled due to disruption caused by COVID-19," said co-author Dmitri Nepogodiev from the University of Birmingham.

"Our data suggests that it was the right decision to postpone operations at a time when patients were at risk of being infected with SARS-CoV-2 in hospital," Nepogodiev said.

According to the researchers, there's now an urgent need for investment by governments and health providers in to measures which ensure that as surgery restarts patient safety is prioritised.

They said this includes the provision of adequate personal protective equipment (PPE), establishment of pathways for rapid preoperative SARS-CoV-2 testing, and consideration of the role of dedicated 'cold' surgical centres.

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