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It is a Cruelty to call a husband an alcoholic, Womaniser without any proof : Bombay High Court

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The Bombay High Court has said defaming husband and calling him a womaniser and alcoholic without substantiating the allegations amount to cruelty, and upheld a family court order dissolving the marriage of a Pune-based couple.
A division bench of Justices Nitin Jamdar and Sharmila Deshmukh in its order passed on October 12 dismissed an appeal filed by a 50-year-old woman, challenging a November 2005 decree passed by a family court in Pune dissolving her marriage to a retired Army official.

The man died pending hearing of the high court appeal following which the court directed for his legal heir to be added as a respondent.

The woman in her appeal claimed her husband was a womaniser and alcoholic and due to these vices she was deprived of her conjugal rights.

The bench said the wife’s conduct in making unwarranted and false allegations against her husband’s character results in damage to his reputation in society and this amounts to cruelty.

The high court in its order noted that apart from her own statement, the woman has not produced any evidence to substantiate her allegations.

The man’s lawyer told the court that the petitioner woman had caused mental agony to her husband by making false and defamatory allegations against him.

The court referred to the husband’s deposition before the family court wherein he had claimed that the petitioner separated him from his children and grandchildren.

“It is a settled position in law that ‘cruelty’ can broadly be defined as a conduct that inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other,” the high court said.

The bench further noted that the petitioner’s husband was an ex-Army man who retired as a Major, belonged to the upper strata of society and had a standing in society.

“The conduct of the petitioner in making unwarranted, false and baseless allegations pertaining to the respondent’s character and labelling him as an alcoholic and womaniser has resulted in shredding his reputation in the society,” the high court said.

“Considering the above, we find that the conduct of the petitioner constitutes cruelty within the meaning of Section 13 (1) (i-a) of the Hindu Marriage Act,” the court said, adding it was a fit case for grant of divorce.

Maharashtra

It is unconstitutional to deprive SP MLA Raees Sheikh of his right to handle religious affairs under Article 26 of the Constitution

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Mumbai: Maharashtra MLA Raees Sheikh has opposed the introduction of the Wakf Bill in the Lok Sabha. Raees Sheikh has strongly criticized the BJP for creating a false narrative and called the bill a misconception and unconstitutional bill which is harmful for the poor of the society.

Shaikh further said that Article 26 of the Constitution guarantees freedom to run religious institutions. It is unconstitutional to take away the right of a person to run his institution under Article 26 of the Constitution. MLA Shaikh said that this move is against the constitutional guarantee of dealing with religious matters.

Shaikh said that the BJP government is showing the UPA government that it is doing politics of appeasement of a particular community, while the BJP-led government is not doing so. This is an attempt to spread a lie that allows the community to seize any land under Waqf or claim it to be Waqf. The Waqf Board is not a private organisation of the Muslim community but a statutory body established under the Waqf Act. In the process of declaring a property as Waqf, a government surveyor conducts a survey and officially declares the property as Waqf. Sheikh remarked that it is completely wrong to present the idea that Muslims can arbitrarily declare any property as Waqf.

Shaikh further said that he strongly opposes the false image being created by the government and the government has not considered the suggestions given by Muslims or the opposition. All Waqf governing boards and trusts have been given the option to exit the Waqf framework. This has weakened the system. “This is an unimaginable and unimaginable bill that only harms the poor of the society,” Sheikh said.

He further said that some provisions, such as the condition that the person making the donation should have been a Muslim for five years, are strange. Earlier encroachment on wakf property was a non-bailable offence, but now it has been made a criminal offence

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Maharashtra

Who put up 103 out of 306 hoardings on railway land? BMC has no information. Hoarding mafia is active in Central and Western Railways.

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Mumbai: A total of 306 hoardings have been put up on Central and Western Railway land in Mumbai. Of these, 179 hoardings are on Central Railway land and 127 on Western Railway land. It is noteworthy that no information is available about who has put up 68 out of 179 hoardings of Central Railway and 35 out of 127 hoardings of Western Railway. This shocking information has come to light from an investigation conducted under the Right to Information (RTI) by RTI activist Anil Gilgali.

Anil Gilgali had sought various information from the Licensing Superintendent Office of Mumbai Municipal Corporation regarding the hoardings installed in the city. In response, the Licensing Superintendent Office provided detailed information about the hoardings installed on the land of Central, Western and Harbor Railways.

127 hoardings have been installed on Western Railway land. There are 3 seats in A ward, 1 in D ward, 1 in G South, 12 in G North, 2 in K East, 1 in K West, 10 in P South and 4 in R South. 35 hoardings are on Western Railway land, which have no owner and 179 hoardings are on Central Railway land. There are 68 hoardings on Central Railway land, which are not owned by anyone. There are 5 hoardings in E ward, 10 in F South ward, 2 in G North ward, 9 in L ward and 42 in T ward, a total of 68 hoardings.

According to Anil Gilgali, it is very important for the railway administration to maintain transparency after the Ghatkopar accident. Apart from this, the rules of the Municipal Corporation should be followed completely. If these hoardings are unauthorized, then the railway administration should remove them immediately and take strict action against the people concerned. Hoarding mafia is active in Mumbai and an IAS officer was given the charge of licensing department to bring a positive impact on the new advertising policy of Mumbai Municipal Corporation. Because financial irregularities are being done deliberately and without permission.

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Maharashtra

Mumbai’s Bandra Worli Sea Link Toll Rates To Go Up By 18% From April 1

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Mumbai: The Maharashtra State Road Development Corporation has announced an 18% increase in toll charges for Mumbai’s Bandra Worli Sea Link from April 1. According to media reports, this hike in toll rates is limited to-one way travel.

After the implementation of the surge rates, cars and jeeps, from Monday, will have to pay Rs 100, up from the current Rs 85.

On the other hand, minibus, tempos, and similar vehicles will have to pay Rs 160. Earlier, these vehicles paid Rs 130.

While two-axle trucks currently pay Rs 175, they will have to spend Rs 210 for a one-way trip from tomorrow.

The old rates were put in place in April 2021. The new rates will be in effect for three years – from April 1 to March 31, 2027.

The report added that the MSRDC officials announced a rebate of 10% for motorists and 20% on the purchase of booklets carrying 50 and 100 toll coupons in advance, respectively.

The Bandra-Worli Sea Link was opened to the public in 2009. The cable-stayed bridge was named after former Prime Minister late Rajiv Gandhi. It connects Mumbai’s Worli and Bandra, making it easy for commuters to avoid congestion in Dadar, Mahim, Prabhadevi, and Worli neighbourhoods.

In a big relief to commuters, Chief Minister Eknath Shinde inaugurated the Mumbai coastal road. The 9.6-km high-speed corridor also connects Worli with Marine Drive.

The coastal road has been constructed by the Brihanmumbai Municipal Corporation (BMC).

It proposes to connect the Marine Drive area in south Mumbai to Kandivali, a western suburb, via the existing Bandra Worli Sea Link and is expected to ease Mumbai’s northbound traffic.

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