Muslim Wife Initiating Divorce Not Entitled to Maintenance from Husband: Kerala HC
New Age
Islam News Bureau
11 October 2023
·
Muslim Wife Initiating Divorce
Not Entitled to Maintenance from Husband: Kerala HC
·
'War Never Spares Children,'
says Malala as She Joins Call for Immediate Ceasefire in Palestine
·
Maternity Rights Integral Part
of Woman’s Identity, Can't Deny Benefits To Contractual Employee: Delhi HC
·
Asha Parekh's 'Controversial
Statement' On the Kashmir Files: ‘How Much Money Did They Give to Hindus Living
in Jammu?'
·
FourAndhra Pradesh Women
Stranded in Israel Are Safe: AP Non-Resident Telugu Society
·
Indian government Seeks Recall
of SC’s Order Permitting Married Woman To Terminate 26-Week Pregnancy
Compiled by New Age Islam News Bureau
URL: https://newageislam.com/islam-women-feminism/muslim-wife-divorce-kerala/d/130877
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Muslim Wife Initiating Divorce Not
Entitled to Maintenance from Husband: Kerala HC
Representative
Image
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Indo-Asian News Service
11th October 2023
Thiruvananthapuram: The Kerala High
Court has ruled that a Muslim woman who effected her divorce under ‘Khula’
cannot claim maintenance from her husband after it has become effective.
In the Muslim community, ‘Khula’ is a
divorce with the consent and at the instance of the wife, in which she gives or
agrees to give consideration to the husband for her release from the marriage.
Justice A Badharudeen observed that a
Muslim woman can claim maintenance under Section 125 of the Code of Criminal
Procedure (CrPC) till she remarries, but clause four of this provision says
that she will not be entitled to maintenance or interim maintenance if she
refuses to live with her husband or if they are living separately by mutual
consent.
“When the wife effects divorce by ‘Khula’
to get a release from her husband, the same, in fact, is akin to refusal of the
wife to live with her husband. If so, the wife, who effected divorce by ‘Khula’
at her own volition and thereby refuses to live with her husband voluntarily,
is not entitled to get maintenance from the date of ‘Khula’,” remarked the
court.
The High Court ruled this after a man
challenged an order of the family court that directed him to pay an allowance
of ₹10,000
each month to his ex-wife and son.
The High Court on perusal of the case
and its records, noted that the parties were living separately from December
31, 2018 and the litigation between them commenced in 2019. The court also took
into account the fact that the wife had no permanent income or employment to
maintain herself and their child. But the High Court however said maintenance
must be paid to the wife and son till the marriage was dissolved under ‘Khula’
and the court closed the case.
Source: siasat.com
https://www.siasat.com/muslim-wife-initiating-divorce-not-entitled-to-maintenance-from-husband-kerala-hc-2718815/
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'War never spares children,' says Malala
as she joins call for immediate ceasefire in Palestine
Malala
Yousafzai joined the call for an "immediate ceasefire".
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11th October 2023
The Pakistani education activist and the
2014 Nobel Peace Prize laureate, Malala Yousafzai has joined the call for an
immediate ceasefire in Palestine.
While the death toll and the number of
people injured in the ongoing war kept mounting, Malala described her own
experience witnessing terrorism while growing up, as she said, “War never
spares children — not those kidnapped from their homes in Israel, not those
hiding from airstrikes or without food and water in Gaza.”
She said she is grieving for “all the
children and people longing for peace and justice in the Holy Land”.
In an Instagram post on Tuesday night,
Malala recalled she was only 11 when she witnessed violence and terrorism as
she noted that as she processed the tragic news of the past days, she was
thinking of the Palestinian and Israeli children caught in the middle.
In 2012, Malala, then only 14, was
airlifted to Birmingham's Queen Elizabeth Hospital after being shot in the head
by Taliban gunmen in Pakistan for demanding education for women. The Pakistani
activist has gone on to become the youngest Nobel Peace Prize winner.
Source: newindianexpress.com
https://www.newindianexpress.com/world/2023/oct/11/war-never-spares-children-says-malala-as-she-joins-call-for-immediate-ceasefire-in-palestine-2622940.html
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Maternity rights integral part of
woman’s identity, can't deny benefits to contractual employee: Delhi HC
11th October 2023
By Express News Service
NEW DELHI: While observing maternity
rights as an integral part of the identity of a woman, the Delhi High Court
said maternity benefits cannot be denied to a female employee merely because
the nature of such employment is contractual.
In a recent order, Justice Chandra Dhari
Singh said, "Denial of such rights is in fact standing in the way of a
woman choosing to bring life into the world, thereby violating her fundamental
right to life. Such denial is indeed against the principle of social
justice."
The high court order said, "Denial
of the said benefits is inhumane and in violation of Fundamental Rights.
Maternity rights are not something that is based on a statute but stands to be
an integral part of the identity of a woman."
The observations of the single-bench
judge came while it was dealing with a plea moved by a female attendant at a
hostel of Delhi University who was appointed on an ad-hoc basis.
As per the plea, her contractual term
got renewed for a period of six months-- July 2 to December 31 last year. In
the meantime, she applied for maternity leave with effect from May 5 to
November 4 which was approved by the authorities.
However, the woman did not receive the
salary during this time of her maternity leave. Later she was informed that her
services had been terminated and she had been permanently replaced from the
job.
She was approaching the high court as
there was no action on behalf of the authorities despite her several
representations to them. Advocates Chandrika Mishra, Prashasti Singh, and Richa
Rajesh appeared for the petitioner woman.
Going through the submissions and
records of the case, the high court noted that the respondent institution had
wrongly terminated the petitioner (woman), as there was no notice issued to the
petitioner before her services were concluded.
"Moreover, the petitioner was
apprised of the sudden conclusion of her services only when she rejoined the
respondent institution upon the lapse of her maternity period," the high
court said.
Accordingly, allowing the petition, the
high court directed the authorities to reinstate the woman on her previous post
or any other post as per her eligibility and directed her to pay the maternity
benefits as per the Act, 1961 within four weeks. The court also allowed a
compensation of Rs.50,000 to the petitioner.
Source: newindianexpress.com
https://www.newindianexpress.com/nation/2023/oct/11/maternity-rights-integral-part-of-womans-identity-cant-deny-benefits-to-contractual-employee-delhi-hc-2622925.html
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Asha Parekh's 'controversial statement'
on The Kashmir Files: ‘How much money did they give to Hindus living in Jammu?'
By HT Entertainment Desk
Oct 11, 2023
Veteran actor Asha Parekh slammed the
makers of 2022 hit The Kashmir Files – the film is backed and directed by Vivek
Agnihotri – for not donating a part of their earnings to help Hindus living
'without water and electricity' in Jammu and Kashmir. During an interview with
CNBC Awaaz, Asha was asked if she had watched 'controversial' films such as The
Kashmir Files and The Kerala Story (2023), both of which did well at the box
office. Responding to which, the actor asked what had people gained from such
films. Also read: Naseeruddin Shah says ‘it’s disturbing that films like The
Kashmir Files are so massively popular’
Asha Parekh on people's reaction to The
Kashmir Files
When told that people liked these films,
Asha Parekh said in response, “Maine pictureindekhinahihaitoh main kaise controversy
pe baatkarun? Agar logo ko pasandhaitohdekhnichahiyeaisefilmein (I haven’t seen
these films, so I can’t comment on the controversies surrounding them. But if
people like watching these films, then they should watch).”
‘What have the makers done for Hindus?’
Speaking about The Kashmir Files and its
huge box office collection, Asha Parekh further said, “Logo ne dekhi The
Kashmire Files. Main thodasa controversial statement karnachahtihoon (Yes,
people watched The Kashmir Files. I will say something controversial now). The
film's producer made ₹400
crore. Toh unhonekitne paise diyeunko jo Hindu Kashmiri hai, jo Jammu meinrehte
hain, jinkepaasepaninahihai, electricity nahihai,
unkounhonekitne paise diye? Unhone paise kamayehai, distributor ka share hoga,
unka share hoga? Chaliye₹400 crore mein se ₹200 crore kamayehai, toh ₹50 crore bhitoh
de sakte the na (How much money did the makers give for the welfare of the Hindus living in Jammu without access to water and
electricity. Suppose the producers earned ₹200 crore out of the film’s ₹400
crore collection, they could have donated ₹50 crore to help Kashmiri Hindus,
right)?"
About The Kashmir Files
The film is directed by Vivek Agnihotri
and produced by Vivek in association with Abhishek Agarwal Arts and Zee Studio.
The Kashmir Files stars Anupam Kher, Mithun Chakraborty, Pallavi Joshi, Puneet
Issar, Darshan Kumar, Prakash Belawadi, Mrinal Kulkarni, and Chinmay Mandlekar
in key roles. It is allegedly based on true events amid the exodus of Kashmiri
Pandits from the Valley around 1990.
As per a 2022 report by Sacnilk.com, The
Kashmir Files was made on a budget of around ₹20 crore and grossed ₹295 crore in
India alone.
Source: hindustantimes.com
https://www.hindustantimes.com/entertainment/bollywood/asha-parekh-controversial-statement-the-kashmir-files-hindus-vivek-agnihotri-101697004697270.html
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FourAndhra Pradesh women stranded in
Israel are safe: AP Non-Resident Telugu Society
PTI Amaravati Published 11.10.23
The Andhra Pradesh Non-Resident Telugu Society
(APNRTS), a government entity, said it was in touch with four woman migrants
from the state, who are currently stranded in war-torn Israel.
APNRTS chief executive P. Hemalatha Rani
said they are currently in a safe place in Kiryat Onu in the country, which is
waging a war against Palestinian armed group Hamas.
“APNRTS’ 24/7 helpline is in continuous
contact with the four women migrants from Andhra Pradesh, updating them with
the latest information and instructions from the Ministry of External Affairs
(MEA) and the Embassy of India. Shared with them the advisory released by EOI,
Israel,” Rani told PTI on Tuesday.
She noted that Telugu speaking people
from the southern state are in safe places and following the instructions of
the Israeli government.
She said the NRT society is closely
monitoring the international and local media on the current developments in the
Jewish state and the prevailing situation.
Source: telegraphindia.com
https://www.telegraphindia.com/india/four-andhra-pradesh-women-stranded-in-israel-are-safe-andhra-pradesh-non-resident-telugu-society/cid/1972611
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Indian government Seeks Recall of SC’s
Order Permitting Married Woman To Terminate 26-Week Pregnancy
October 10, 2023
V. Venkatesan
New Delhi: The doctors at the All-India
Institute of Medical Sciences (AIIMS) New Delhi on Tuesday, October 10,
expressed their inability to terminate a viable 26-week pregnancy of a married
mother, as directed by the Supreme Court on Monday.
After an hour-long hearing which
involved an online interaction with the petitioner-mother and her husband, the
Supreme Court bench of Justices Hima Kohli and B.V.Nagarathna had on Monday
allowed the mother to get her pregnancy terminated on mental health grounds,
despite the AIIMS Medical Board advising against abortion in view of its
finding that it is a viable pregnancy.
The additional solicitor general
Aishwarya Bhati sought Chief Justice of India (CJI) D.Y. Chandrachud’s
directions for recall of the order passed by the Kohli-Nagarathna bench on
Monday, in view of the AIIMS doctors’ moral dilemma to terminate a viable
pregnancy.
The CJI, after a brief hearing at 4 pm,
asked Bhati to submit a written application for recall so that the same bench
which passed the order for abortion on Monday could be requested to consider it
on Wednesday morning.
On Monday, the Supreme Court held an
unprecedented hearing twice – once in the morning and again in the afternoon –
to hear the pregnant married woman who did not want to proceed with her third
pregnancy on the grounds that she would not be mentally fit to foster the
child.
The bench of Justices Kohli and
Nagarathna spoke to the petitioner-mother and her husband online, to ascertain
her wishes and satisfy the court that the couple voluntarily opted to abort the
child, despite the AIIMS Medical Board certifying that the pregnancy is
viable.
The petitioner-woman who sought the
court’s intervention to abort her pregnancy in view of Section 3(2) of the
Medical Termination of Pregnancy (MTP) Act, which permits abortion only before
20 weeks of pregnancy on the ground of “risk of grave injury to the mother’s
physical or mental health or on the ground that there is a substantial risk
that the child would suffer from physical or mental abnormalities to be
seriously handicapped”.
The petitioner told the Supreme Court
that she was suffering from lactational amenorrhea (which causes a temporary
absence of menstruation in lactating mothers) and post-partum depression (a
medical condition that many women experience after having a baby, with feelings
of sadness, anxiety and tiredness). The couple is not in a position to raise a
third child because of family and financial conditions, the petitioner said.
The bench took note of the fact that the
first child of the couple is four years old, while the second child is one year
old.
At the outset, the bench made it clear
that it was concerned more about the mother’s health and not that of the child.
At the same time, it wanted to understand the context, that is, this is the
case of a married couple, and not one of forced pregnancy.
The bench added that it had no issue if
the mother wanted to continue her pregnancy, but it underlined that she must
have the willpower and emotional strength to do so.
The bench observed that the state is not
going to help her after the delivery of the child, which is a result of the
failure of family planning methods.
During the morning hearing, the bench
observed that the pregnancy is sought to be aborted to avoid giving birth to an
unwanted child. The bench decided to give time till 1 pm to ascertain whether
the mother wants to continue her pregnancy.
At 1 pm, the petitioner made it clear to
the bench through an online interaction that she was in favour of abortion,
despite doctors’ advice that she could give the child for adoption after
delivery since the pregnancy is viable.
The bench took note of the contention
that after the 25th week of pregnancy, the choice of the mother could not be
exercised at the cost of a viable baby. But the bench emphasised that giving
the child to adoption should also be the choice of the petitioner-mother. In
this case, the mother clearly said no to giving the child to adoption.
The bench found merit in the
petitioner’s argument through her counsel that she was asking for her rights
under Article 21 (protection of life and personal liberty), which overrides the
MTP Act. The additional solicitor general, Aishwarya Bhati, submitted that the
bench had to balance the autonomy of the woman over her body with the right of
the viable baby.
The bench took note of the opinion of
the Medical Board that the baby is viable, and can survive outside the mother’s
womb, and there is a reasonable chance of survival of the child.
Ayushman Bharat, health and wellness
centres, union budget 2020, health budget, public healthcare, private
healthcare, All India Institute of Medical Sciences, AIIMS, NIMHANS, PGIMER,
Pradhan Mantri Jan Arogya Yojana, Nirmala Sitharaman, Prime Minister
Development Plan for Jammu and Kashmir, Regional Institute of Nursing and Paramedical
Science Aizawl, nursing, nurses, hospital staff, National Health Policy,
National Health Mission, primary care, secondary care, tertiary care,
But the bench wanted to know whether
there is a reasonable chance of living for the child with dignity and nutrition
and whether the couple can provide that. “We can’t force the petitioner-mother
to give the child up for adoption,” the bench told the ASG, who contended that
her right of autonomy ends once the fetus is viable.
The bench noted that although the
Medical Board opined that the child can survive if born, there is a chance of
harm to the child because of the medicine that the petitioner-mother has been
taking to treat her depression.
The husband told the bench that if she
had to give birth to the child, they would rear it, and not give it for
adoption, though he is concerned about her depression. “My wife should not
suffer, and the child should not suffer from any abnormalities,” he told the
bench. He said that as the Medical Board is silent on the child’s condition,
they cannot take care of the child if it is not healthy. As there is a risk
that the child, if born, may be unwell, the couple preferred to abort the
fetus.
Balancing of rights
The bench told the ASG that there is no
competing right of an unborn child to be balanced with that of the
petitioner-mother.
The bench held that it is the
responsibility of the citizens to adopt family planning methods to avoid giving
birth to an unwanted child. The couple has a responsibility and can’t produce
children like this, the bench observed, as it constitutes a burden on the
country.
The ASG pleaded with the bench to
adjourn the hearing till Tuesday, to enable her to make submissions on
balancing the right to life with the autonomy of the woman over her body. The
ASG submitted that there can be no absolute right of autonomy of a woman over
her body.
But the bench disagreed and said even a
day’s delay would mean a setback to the mother. The bench was of the view that
the child may not survive, if born, even if it is kept in incubation.
Ultimately, the bench decided to give priority to the petitioner-mother’s
mental health.
The bench reasoned that it has
expansively interpreted Section 5 of the MTP Act as the term “mental health”
has a broader connotation than “mental illness”. Due to a delay in recognising
pregnancy and changes in life circumstances, the petitioner’s pregnancy has
become unwanted and unviable, the bench concluded.
The bench held that it took into account
the decisional autonomy of the mother – including her physical, mental,
financial and socio-economic background. The court has recognised the right of
a woman over her body, and an unwanted child results in imposing the
responsibility of rearing on the mother, when she does not consider herself fit
to bear the onerous responsibility, the bench concluded.
The bench directed that in the event of
the procedure for abortion to be carried out on Tuesday morning resulting in
the birth of the live child, it should be kept in incubation, and may be given
in adoption, if advisable.
The bench made it clear that the Supreme
Court is reluctant to entertain petitions under Article 32, when the petitioner
had the option of approaching the high court for an efficacious remedy under
Article 226 of the constitution. However, as time was running out, it was
deemed appropriate to entertain her petition, the bench said.
The Central Wing of the Supreme Court of
India. Photo: Subhashish Panigrahi/Wikimedia Commons, CC BY-SA 4.0
Lessons on family planning
The bench noted that the present case
has valuable lessons for married couples, who are expected to be more cautious,
in preventing unplanned pregnancies by adopting family planning methods. As
India is the most populated country in the world, striving to achieve
socio-economic development within the limited means and resources that the
state has, every couple has equal rights and obligations including that of
rearing children with access to nutrition, good education, the court said.
The bench underlined the need to
disseminate all the schemes floated by Central and state family planning
agencies to avoid unwanted pregnancies in married couples so that the absence
of adoption of adequate family planning measures does not result in a case like
this. The bench learnt that the couple in this case was not aware of family
planning, and didn’t take adequate care to prevent an unwanted pregnancy.
The bench noted the silver lining in
this case, as the mother-in-law of the petitioner supports the daughter-in-law
in rearing her children. “In today’s urban nuclear family, joint family is
mostly missing,” the bench noted in its order.
Although it is not a forced pregnancy,
the petitioner-mother has valid reasons to avoid an unwanted pregnancy, and
therefore, the bench directed AIIMS to carry out her abortion on Tuesday
morning, as desired by her.
Source: thewire.in
https://thewire.in/government/centre-seeks-recall-of-scs-order-permitting-married-woman-to-terminate-26-week-pregnancy
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URL: https://newageislam.com/islam-women-feminism/muslim-wife-divorce-kerala/d/130877