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Mere pronouncement of ‘Talaq’ 3 times does not end Muslim marriage: J&K High Court

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Mere pronouncement of ‘Talaq’ 3 times does not end Muslim marriage: J&K High Court

Srinagar, July 13 (IANS) In a judgement of far-reaching consequences, Jammu & Kashmir High Court has ruled that a mere pronouncement of the word ‘Talaq’ three times by the husband is not enough to end a Muslim marriage. Justice Vinod Chatterji Koul observed this in his judgement.

The High Court was hearing a case where an estranged wife had initially secured an ex-parte maintenance order in 2009. This was challenged by the husband. The dispute reached the High Court and the matter was remitted back to a trial court in 2013.

In February 2018, the trial court ruled in favour of the husband by finding that the parties were no longer married. However, an additional sessions court set aside this order and ordered the man to pay a monthly maintenance of Rs 3,000 to the wife.

This was challenged by the man (petitioner) before the High Court in 2018.

In submissions before the High Court, the petitioner clarified that he did not pronounce instant triple talaq, which was struck down by the Supreme Court as unconstitutional in the Shayara Bano case.

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He also placed on record a Talaknama (divorce deed) conveyed to his wife.

The Court, however, was not impressed by these arguments.

“Petitioner has placed on record copy of Talaknama … penultimate paragraph thereof reveals that the petitioner, in order to put an end to the wedlock, has made three pronouncements of Talak, thereby declaring that he has divorced her and relieved her out of the wedlock. According to the petitioner, he has conveyed Talaknama to the respondent (wife). It may be made clear that such a practice in law is deprecated,” the Court said.

The judge held that the mere pronouncement of the word ‘Talaq’ (a form of divorce) three times by a husband is not enough to end a Muslim marriage nor to escape obligations such as the duty to maintain one’s wife.

The High Court held that there are several accompanying acts to be carried out, including the need to pronounce ‘Talaq’ at a specific interval, the presence of witnesses and reconciliation.

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“For making divorce (Talaq) valid, it is not enough that it is pronounced in presence of two witnesses. The witnesses must be endued with justice as the purpose is to ensure that the witnesses, prompted by their sense of justice, may request and persuade the spouses on the verge of separation to calm down, resolve their disputes and lead a peaceful marital life,” the court said.

In this regard, reliance was placed on the High Court’s 2012 ruling in Mohammad Naseem Bhat v/s Bilquees Akhter and another.

Justice Koul added that a husband who wishes to evade any obligation to maintain his wife by claiming that he divorced her must not only prove that he pronounced Talaq or executed a divorce deed, but also prove the following:

That efforts are made by the representatives of both husband and wife to settle the marital dispute, and that such efforts were not fruitful;

That there is a valid reason and genuine case for the divorce;

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That ‘Talaq’ was pronounced in the presence of two witnesses endued with justice;

That ‘Talaq’ was pronounced during a period of tuhr (between two menstrual cycles) without indulging in sexual intercourse with the divorcee during the said tuhr.

“It is only after the husband pleads and proves all the above ingredients that divorce (Talaq) would operate and marriage between the parties would stand dissolved so as to enable the husband to escape obligations under the marriage contract, including one to maintain his wife. The court in all such cases would give a hard look to the case projected by the husband and insist on strict proof,” the court said.

–IANS

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Defence Ministry: Year 2025 will be year of reforms

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rajnath singh with armed forces chief

On Wednesday, the Defence Ministry announced that 2025 will be designated as the “Year of Reforms,” with a primary focus on establishing integrated theatre commands to enhance collaboration among the three branches of the military.

These reforms are aimed at transforming the armed forces into a technologically advanced, combat-ready force capable of executing multi-domain integrated operations, the ministry stated.

The initiative will emphasize emerging domains such as cyber and space, alongside cutting-edge technologies like artificial intelligence, machine learning, hypersonics, and robotics.

Defence Minister Rajnath Singh described the “Year of Reforms” as a pivotal milestone in the modernization of the armed forces.

“It will set the stage for significant advancements in the nation’s defense capabilities, ensuring the security and sovereignty of India in the face of 21st-century challenges,” he said.

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A 3.2 magnitude tremor struck Gujarat’s Kutch district on Wednesday morning

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A 3.2 magnitude tremor struck Gujarat’s Kutch district on Wednesday morning, according to the Institute of Seismological Research (ISR).

The district administration reported no casualties or property damage following the quake.

The tremor occurred at 10:24 am, with its epicenter located 23 kilometers north-northeast (NNE) of Bhachau, as per the Gandhinagar-based ISR.

Last month, the region experienced four seismic events exceeding a magnitude of 3, including a 3.2 magnitude tremor just three days ago, with its epicenter also near Bhachau.

Earlier tremors in the area included a 3.7 magnitude earthquake on December 23 and a 3.2 magnitude event on December 7, according to ISR reports.

Kutch was also jolted by a 4.0 magnitude earthquake on November 18, 2024. On November 15, a 4.2 magnitude quake hit Patan in north Gujarat, based on ISR data.

Gujarat is considered a high-risk earthquake zone, having experienced nine major earthquakes over the past 200 years, according to the Gujarat State Disaster Management Authority (GSDMA). The 2001 earthquake in Kutch, which occurred on January 26, was the third-largest and second-most destructive in India in the last two centuries, according to the GSDMA.

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Diljit Dosanjh faces legal action over concert songs

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Singer and actor Diljit Dosanjh’s much-anticipated New Year’s Eve concert in Ludhiana faced legal hurdles after a complaint was filed by Punditrao Dharenavar, an assistant professor from Chandigarh.

Following the complaint, the Deputy Director of the Women and Child Department, Government of Punjab, issued a formal notice to Ludhiana’s District Commissioner, urging them to prohibit Dosanjh from performing specific songs during his live show on December 31, 2024.

The notice specifically targets songs accused of promoting alcohol, including Patiala Peg, 5 Tara Theke, and Case (Jeeb Vicho Feem Labbiya), even if the lyrics are slightly modified. The complaint points to previous warnings issued to Dosanjh by various commissions advising against performing these controversial tracks.

Despite these warnings, the singer allegedly continues to perform the songs with minor alterations. Dharenavar raised serious concerns about the influence of such music on young audiences, especially when minors are present at live events.

Adding to the controversy, Dharenavar referenced a 2019 Punjab and Haryana High Court ruling, which directed law enforcement to ensure that songs promoting alcohol, drugs, or violence are not played at public events, including concerts. This ruling underscores the legal basis for the complaint and has further intensified the scrutiny surrounding the event.

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UP Minister’s convoy overturns, 5 person injured

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UP Minister’s convoy overturns, 5 person injured

Five people sustained injuries when a vehicle in the convoy of Uttar Pradesh Minister and Nishad Party chief Sanjay Nishad overturned into a ditch near Januan village in the Khejuri Police Station area of Ballia district late last night.

Sanjay Nishad shared details of the incident, stating that the accident injured five party workers, including four women.

“I was traveling with the convoy to participate in the Constitutional Rights Yatra organized by the party on Tuesday night. Near Januan village in the Khejuri area, one of the vehicles following the convoy lost control while trying to avoid an animal and overturned into a ditch,” Nishad explained.

The injured individuals have been identified as Rakesh Nishad, Ramrati, Usha, Geeta, and Iravati Nishad.

Senior police and administrative officials quickly arrived at the scene following the incident to oversee the situation.

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Suchir Balaji’s mother alleges Murder

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Suchir Balaji’s mother alleges Murder

The mother of Suchir Balaji, a 26-year-old former OpenAI researcher found dead after accusing the company of copyright violations, has alleged that her son was “murdered” and called for a Federal Bureau of Investigation (FBI) probe.

Poornima Rao, Suchir’s mother, claimed her son’s death was a “cold-blooded murder” that authorities wrongly ruled as suicide. She further disclosed that a private autopsy report conflicted with the findings of the initial police investigation.

Rao alleged that her son’s apartment had been “ransacked” and cited evidence of a struggle in the bathroom, including bloodstains that suggested he had been assaulted.

“We hired a private investigator and conducted a second autopsy to uncover the truth. The private autopsy does not confirm the cause of death stated by the police. Suchir’s apartment was ransacked, there were signs of a struggle in the bathroom, and it appears he was hit based on blood spots. This is a cold-blooded murder being misclassified as a suicide. Lobbying in San Francisco won’t deter us from seeking justice. We demand an FBI investigation,” Rao wrote on X.

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Elon Musk reacted to Rao’s post, commenting, “This doesn’t seem like a suicide.”

Balaji was discovered dead in his San Francisco apartment months after accusing OpenAI of violating copyright laws during the development of ChatGPT, as reported by Fox News. Despite these claims, the San Francisco Police Department found no evidence of foul play and ruled the death a suicide.

On October 24, shortly before his death, Balaji voiced doubts about the “fair use” defense in generative artificial intelligence. “I recently participated in a NYT story about fair use and generative AI, and why I’m skeptical ‘fair use’ would be a plausible defense for a lot of generative AI products,” he wrote on X.

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