Daily Archives: May 5, 2017

Telengana gummint 2 give single women pension. Can we use this to reduce maintenance alimony ?

Telangana: Single women with income below Rs 2 lakh to get pension

Telangana: Single women with income below Rs 2 lakh to get pension
The TS government has issued guidelines for the implementation of the ‘financial assistance to single women’ scheme. (Representational image)
The TS government has issued guidelines for the implementation of the ‘financial assistance to single women’ scheme. (Representational image)
Hyderabad: The TS government has issued guidelines for the implementation of the ‘financial assistance to single women’ scheme. To get pension under this ‘financial assistance to single women’ scheme, the beneficiary should have an an-nual income of less than Rs 1.5 lakh in rural areas and Rs 2 lakh in urban areas. Also, the beneficiary should not be covered under any other social security pension scheme.

Under this scheme, the beneficiaries will get Rs 1,000 per month. In their guidelines, the government said ‘single women’ referred to married women above the age of 18 who had been separated from their husbands or whose husbands had deserted them. Also, the separation period needed to be more than one year among unmarried single women who were above 30 years of age in rural areas and above 35 years of age in urban areas.

For those separation periods where documents were not available, these details could be ascertained by the local tahsildar after due inquiries. The beneficiaries so identified, ought to belong to a household with annual income of less than Rs 1.5 lakh in rural areas and Rs 2 lakhs in urban areas. Also, the beneficiary should not be covered under any other social security pension scheme or should not be a pensioner under any public or private sector organisation. Women who belong to these categories but are above 65 years of age, shall be covered under the old-age pension Aasara scheme. In case the beneficiary remarries or gets permanent employment or economic stability after the sanction of financial assistance, the benefit shall be discontinued after ascertaining the status. This shall be done every three months by Mandal Pari-shad Development Officers (MPDOs) in rural are-as, Municipal commissioners in urban local bodies, Deputy Commissioners in GHMC other than Hydera-bad district and tahsildars in Hyderabad district.

The panchayat secretary in the rural areas, bill collector in urban local bodies and village revenue officer in GHMC area shall receive applications and shall be entrusted with the task of verifying the applications. Gram sabha will be conducted by the tahsildar for identification of the eligible beneficiaries, in GHMC area, ward sab-ha will be conducted in the slums by the tahasidars/ deputy collectors with the help of municipal staff.

In other urban local bodies municipal commissioners will conduct the ward sabha. In GHMC limits of Hyderabad, Rangareddy, Sangareddy and Medchal- Malkajgiri districts, the district collectors shall take the assistance of municipal authorities for identification of beneficiaries. The state government said 10 per cent ‘super checks’ shall be conducted by the special officers appointed by the district collector and any wrongful identification and certification of beneficiaries shall bring about severe disciplinary action against the violators.

http://www.deccanchronicle.com/nation/current-affairs/030517/telangana-single-women-with-income-below-rs-2-lakh-to-get-pension.html

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Professor calls Judges corrupt, slapped 3 month jail. His wife claims he’s mentally Unsound, so SC orders medicals !!!

#Karnan.J Model Again? SC Orders Psychiatric Examination Of Contemnor On Wife’s Plea, Stays His Arrest

Wife of a Professor facing arrest for contempt approached SC saying he is mentally unfit and SC directs ‘board of doctors’ to conduct psychiatric evaluation.

Just two days after the 7 judge Bench of Supreme Court ordered psychiatric examination of Justice Karnan, wife of a Professor who was sentenced to three months imprisonment by Madhya Pradesh High Court for contempt, approached the Apex court contending that her husband is not in a fit and stable state of mind and is not in a position to understand the effect and consequences of the order passed by the High Court.

The Supreme Court bench, taking into account her submissions, has stayed the arrest of Dr.Lavit Rawtani, the contemnor, while directing `board of doctors’ to conduct a psychiatric evaluation and submit a report before 26th June.

The Bench headed by the Chief Justice of India, perusing the documents produced along with the petition, observed: “A number of writings of Dr.Lavit Rawtani have been produced before us to demonstrate, that Dr.Lavit Rawtani is not in a fit state of mind.”

Dr.Lavit Rawtani cannot be subjected to the punishment inflicted upon him, namely, to suffer a sentence of three months, in case he is found not mentally fit to understand the implications of his actions, the Bench said.

Dr. Rawtani, a professor in Maulana Azad National Institute of Technology, had filed a PIL before the Madhya Pradesh High Court alleging that there had been rampant corruption in making appointment in MANIT in the year 2005 and that issue should be taken up and appropriate enquiry and direction be issued. The said writ petition was dismissed on technical grounds. Instead of curing the defects or restoring the petition, the professor sent a speed post to the Court in which he said that the Judges who had passed the orders were possibly corrupt. The High Court suo motu initiated contempt proceedings against the professor.

While imposing three months imprisonment as punishment for contempt, the High Court had observed: “To our mind making such an unjustified statement and casting scurrilous aspersions against thoroughly honest and hardworking Judges who have discharged their judicial functions with utmost devotion results in casting a deep shadow on their integrity, honesty and judicial impartiality which if unpunished or ignored would seriously erode the dignity, authority and status of the highest Court of the State and, therefore, deserves to be punished severely because, if ignored, it would encourage litigants who have lost in the Court to impute unsubstantiated and unjustified motives to the Judges of the institution in the name of fair criticism.”

In Justice Karnan’s case, the Court observed that the press briefing and the orders issued by him indicate that he may not be in a position to defend himself. Therefore we consider in the fitness of matter that he may be medically examined by a medical board of a government hospital.

Read the Order here.

http://www.livelaw.in/karnan-j-model-sc-orders-psychiatric-examination-contemnor-wifes-plea-stays-arrest/#.WQvTWchE-OE.facebook

Honey trap: Cops in UP for other gang members

TNN | 

May 5, 2017, 01.25 AM IST

NEW DELHI: Two days after arresting a woman for allegedly blackmailing a Lok Sabha MP, a special team of Delhi Police has gone to Muzaffarnagar in Uttar Pradesh to arrest other gang members. The woman has also been taken along to trace the members as well as verify her multiple degrees.

TNN

http://m.timesofindia.com/city/delhi/honey-trap-cops-in-up-for-other-gang-members/amp_articleshow/58523529.cms

Why Marry If You Can’t Maintain Wife, Kids: Madras HC

Why Marry If You Can’t Maintain Wife, Kids: Madras HC [Read Judgment]

The husband will be ready to spend any amount on matrimonial litigation, but he will not have the heart to pay a paltry sum towards maintenance to his wife and children, the court observed.

The Madras High Court, while disposing of revision petition against a maintenance case, has observed that there is unreasonable delay on the part of family courts in disposing of the maintenance petitions and it affects women and children very much.

“Ultimately, they give up the legal battle, leave the Court with wounded feelings. And ex parte orders are freely passed. The erring husbands happily leave the Court. There is a victor and a vanquished. The result is failure of justice in gender justice. These are stark realities staring at our face,” said Justice P Devadass.

The court also observed that the women and children are made to wait for several years and till the orders are passed, they suffer in silence. This is not the aim of law. This is not a correct justice delivery system, the court remarked.

Remain bachelor if you cannot maintain wife, kids

Justice Devadass further observed that it is sacred duty of a husband to maintain his wife and children. “Otherwise why should he marry a woman and leave her and her children in lurch in the street. If he is not in a position to maintain her and the children, he should have remained a bachelor,” the judge remarked.

Short order would suffice

The court also observed that the judges who deal with these maintenance petitions need not write lengthy orders running to several pages, as it is just a miscellaneous petition for interim measure which can be disposed of in first hearing or in the next hearing or at least in the further hearing.

Quotable quotes from judgment

In view of the mad rush in matrimonial Courts, it is very easy to go into these Courts, but very difficult to come out of these Courts within a short span of time. It is time consuming.

If statistics of the pendency of these maintenance petitions are called for from these Courts and studied, we have to hang our heads, we will be ashamed to see the face of the affected women and children.

The learned Judges try these simple maintenance petitions like a murder case in a Sessions Court or a most complicated suit before a Civil Court.

The women and children are standing in queues in these Courts to get relief even in these simple maintenance petitions for years together. It is quite a sickening sight.

The husband will be ready to spend any amount on matrimonial litigation but he will not have the heart to pay a paltry sum towards maintenance to his wife and children.

Unreasonable delay in the disposal of these simple maintenance petitions exhibits inefficiency on the part of the learned Judges.

In these matters delayed justice is denial of or burial of justice. Here hurried justice is the need of the hour
Directions for speedy disposal of maintenance cases

The court has issued following directions for speedy disposal of maintenance cases. (These directions have been issued in another case which is quoted in the judgment):

On or before 7th of every month, the Family Courts, the Chief Metropolitan Magistrate, Judicial Magistrates, Subordinate Judges, Fast-Track Mahila Courts, Sessions Courts, District Courts through their respective Principal District Judges, Chief Judicial Magistrates, as the case may be, shall submit a monthly statement showing the date of filing of the maintenance petitions filed under various enactments, under uncodified part of Hindu law or Islamic Law under Section 125 Criminal Procedure Code, 1973, Domestic Violence Act including the petitions filed for interim maintenance and the stage of the petitions, the reasons for pendency to the Registrar (Judicial), High Court.

The Principal District Judges, Chief Judicial Magistrates, as the case may be, shall review the disposal of these maintenance petitions every month and issue necessary directions for the early disposal of all type 18 of maintenance petitions and submit their review report with their remarks to the Registrar (Judicial), High Court on or before 15th of every month.

The Registrar (Judicial) of this Court shall regularly monitor the progress in these maintenance petitions and also issue appropriate instructions and directions for the expeditious and early disposal of these maintenance matters.
In their said monthly statements, the said Courts shall also furnish details of stay granted by the Sessions Court or this Court in the proceedings arising out of maintenance matters or in any parallel or other connected proceedings.

The Registrar (Judicial) will consolidate the details regularly and take appropriate action for their early disposal by obtaining necessary orders.

The Registrar (Judicial) will prepare a format containing columns for filling up the required details in monthly statements to be submitted to this Court by the Subordinate Courts.

On entering appearance for the respondent, in Civil Miscellaneous Appeal, Civil Revisions, Criminal Revisions arising out of the maintenance matters they shall be referred to mediation and referring them to Lok Adalat or Mega Lok Adalat shall also be encouraged.

The Registrar (Judicial) will regularly identify the Civil Appeals, Civil Revisions, Criminal Revisions arising out of the maintenance matters pending in this Court and take necessary action for their early disposal by getting necessary orders.

Read the Judgment here.

http://www.livelaw.in/marry-cant-maintain-wife-kids-madras-hc-read-judgment/