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SC refuses urgent hearing on plea for direction for uniform divorce procedure

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The Supreme Court on Monday declined to urgently list a plea against the practice of Talaq-e-Hasan, under which a man can divorce his wife by pronouncing “talaq” once a month for three months, and all other forms of unilateral extra-judicial talaq.

Senior advocate Pinky Anand, representing a Muslim woman, mentioned the matter before a vacation bench of Justices Ajay Rastogi and B.V. Nagarathna.

As she submitted that two notices have already been sent to her client and sought urgent hearing in the matter, the bench asked the senior counsel to mention the matter before the court’s mentioning registrar.

Anand contended that the petition was filed at the beginning of this month and her client has been twice granted notices of divorce. “The lady is with a child. The first notice was given on April 19 and the second notice was issued on May 19,” she said.

At this, the bench said: “Make a request to the registrar and if he does not listen then come to us.”

Last week, Anand had mentioned the matter before a vacation bench headed by Justice D.Y. Chandrachud.

The plea, filed through advocate Ashwani Kumar Dubey, sought a direction to declare “Talaq-e-Hasan and all other forms of unilateral extra-judicial talaq”, unconstitutional for being arbitrary, irrational, and violative of Articles 14, 15, 21, 25 of the Constitution.

The plea also sought a direction to the Centre to frame guidelines for neutral uniform grounds of divorce and uniform procedure of divorce for all citizens.

The petitioner, who claimed to be a victim of “unilateral extra-judicial Talaq-e-Hasan”, also submitted a complaint to the Delhi Commission for Women in February this year and also lodged an FIR in April, but claimed that the police told her that Unilateral Extra Judicial Talaq-e-Hasan is permitted under Sharia.

The plea said: “The Muslim Personal Law (Shariat) Application Act, 1937, by providing for the application of Muslim personal law in matters relating to marriage where the parties are Muslims, conveys a wrong impression that the law sanctions Talaq-e-Hasan and all other forms of unilateral extra-judicial talaq, which is grossly injurious to the fundamental rights of married Muslim women and offends Articles 14, 15, 21 and 25 of the Constitution of India and the international conventions on civil and human rights.”

The plea contended that the Constitution neither grants any absolute protection to the personal law of any community, nor exempts personal laws from the jurisdiction of the legislature or the judiciary.

The plea argued that the practice of Talaq-e-Hasan and other forms of unilateral extra-judicial talaq is neither harmonious with the modern principles of human rights and gender equality, nor an integral part of Islamic faith.

“Many Islamic nations have restricted such practice, while it continues to vex the Indian society in general and Muslim women like the petitioner in particular. It is submitted that the practice also wreaks havoc to lives of many women and their children, especially those belonging to the weaker economic sections of the society,” it added.

Crime

Mumbai: Man Stabbed To Death After He Intervenes To Settle Dispute In Sion Koliwada; Antop Hill Police Arrest 5

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Mumbai: Man Stabbed To Death After He Intervenes To Settle Dispute In Sion Koliwada; Antop Hill Police Arrest 5

Mumbai: A 22-year-old was murdered in the early hours of Friday in Mumbai’s Sion Koliwada area after an argument broke out over noise pollution. The Antop Hill police have registered an FIR in the case and so far five people have been arrested and further investigation is underway.

The incident took place around 12:30 am in Kokri Agar In Jai Maharashtra Nagar, Antop Hill. Vivek Gupta (22) was attacked with a knife and he succumbed to his injuries. As initial information available, a group of people were making noise causing disturbance on the street which lead to an argument broke out. Gupta had gone to resolve the dispute between the accused, however, angered over his interference, Gupta was attacked.

What started as a small fight soon escalated and Gupta was attacked with a knife. He was immediately taken to Sion Hospital, however, he succumbed to his injuries. He was pronounced dead at 3:30 am. The senior police officers of Mumbai Police Zone 4 were present at the hospital. The cops have so far arrested five suspects connected to this incident, and further investigation is underway.

The arrested accused are: Karthik R Mohan Devendra, Karthik Kumar Devendra, Vicky Muttu Devendra, Miniappan Ravi Devendra and the wife of Karthik R Mogan, the police informed. The case is registered under the relevant sections of the Bharatiya Nyay Sanhita.

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Crime

Mumbai: 6 Booked For Defrauding Stock Trader Of ₹1.5 Cr In Bitcoin Investment Scam

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Mumbai: The Bandra police have registered an FIR against six persons for allegedly defrauding a stock trader of nearly Rs 1.50 crore in a Bitcoin investment scam. The suspects fled even before the case was filed, prompting a manhunt. They have been identified as Abur Sode, Dhanjibhai Rawaria, Jishan Shaikh, Indrajit Latif, Abdul Latif, and Ramkumar Dharmak, all from Mumbai and Navi Mumbai.

The complainant in the case, Yogesh More, 50, is a resident of Parel and operates a stock trading business in the Marwari area in Bandra West. He met the accused three years ago, during which they introduced themselves as representatives of a company called Friptex Finsol, claiming to offer Bitcoin as a virtual currency.

Trusting them, More transferred around Rs42 lakh in cash and Rs1.08 crore via cheque to various bank accounts associated with the company for Bitcoin purchases between November 2021 and October 2024. Despite these payments, he did not receive the promised Bitcoins, and after multiple inquiries, the accused continued to evade him. Over the last three years, neither the Bitcoins nor a refund was provided.

Complaint Lodged At Bandra Police Station

Suspecting fraud, he began investigating and discovered that Friptex Finsol was a bogus company, and the accused had orchestrated a scam. He then lodged a complaint with the Bandra police. Following an initial inquiry, the police registered a case against six persons under sections 406 (criminal breach of trust), 420 (cheating), and 34 (common intention) of the Bharatiya Nyaya Sanhita.

A police officer said that the accused are from Mumbai and Navi Mumbai. “The preliminary inquiry has not revealed any past criminal history. We are searching for the accused,” the officer added.

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Crime

West Bengal: Youth Arrested For Rape Of Deaf & Mute Woman In South 24 Parganas’ Kultali

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Kolkata: A youth was arrested on the charges of raping a deaf and mute woman at a deserted building in Kultali in South 24 Parganas district of West Bengal.

Even as the main accused in the case has been arrested, the local people had been agitating claiming that a local Trinamool Congress panchayat chief Prahlad Nashkar allegedly pressurised family members of the victim to settle the matter against Rs 2,00,000.

However, Nashkar has denied the allegations, saying he was the first to reach the spot and inform the family members of the victim about the incident.

Complaint Filed

The victim’s family members filed a complaint on Wednesday evening. Thereafter, the police started an investigation and based on circumstantial evidence, the accused youth was arrested.

He will be presented at a district court in South 24 Parganas on Thursday only and the public prosecutor will seek his police custody, a district police official said.

Part Of Kultali & Jaynagar Turn Into Virtual Battlefields

In the first week of this month, part of Kultali and adjacent Jaynagar turned into virtual battlefields over violent protests by the local people over the rape and murder of a minor girl there.

At that point in time, the main allegation of the local people was against the police and the latter ignored the missing complaint by the parents of the victim. The local people also alleged that had the police been active in tracking the victim minor, the heinous crime could have been averted.

The protesters became violent and attacked the police station. A local police camp was ransacked and set on fire. The police had to resort to massive lathi-charge to dispel the mob then.

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