India

Prayagraj, Oct 12 (IANS) The Allahabad High Court has observed that a Muslim man, who marries for the second time against the wishes of his first wife, cannot seek a decree from any civil court to compel the first wife to live with him.

The bench comprising Justice Surya Prakash Kesarwani and Justice Rajendra Kumar, made this observation while dealing with an appeal filed by a Muslim man, challenging a family court's order dismissing his case for restitution of conjugal rights.

The bench, while dismissing the plea, said as per the mandate of the Holy Quran, a man can marry up to four women but if he fears that he will not be able to deal with them justly then can marry only one.

"If a Muslim man is not capable of fostering his wife and children, then as per the mandate of the Holy Quran, he cannot marry another woman," the court observed.

The court also opined that a Muslim husband has the legal right to take a second wife even while the first marriage subsists.

"But if he does so, and then seeks the assistance of a civil court to compel the first wife to live with him against her wishes, she is entitled to raise the question of whether the court, as a court of equity, ought to compel her to submit to co-habitation with such a husband," the judges said.

The bench also observed that when the appellant has contracted the second marriage suppressing this fact from his first wife, then such conduct of the plaintiff-appellant amounts to cruelty to his first wife.

"Under the circumstances, if the first wife does not wish to live with her husband, then she cannot be compelled to go with him in a suit filed by him for restitution of conjugal rights. If the contention of the husband for grant of decree of conjugal rights is accepted, then from the point of view of the wife, it would amount to breach of her fundamental rights guaranteed under Article 21 of the Constitution of India," it added.

--IANS
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By Arul Louis
United Nations, Oct 11 (IANS) Even though the International Monetary Fund has cut India's growth projection for this financial year to 6.8 per cent, it remains the fastest-growing major economy in a world facing a massive slowdown.


The IMF's World Economic Outlook report released in Washington on Tuesday cut India's growth rate by 0.6 per cent from the projection of 7.2 per cent made in July, but it kept the slower growth projection for next year at 6.1 per cent, which would still be the highest for major economies.

The report said the downgrade reflects "a weaker-than-expected outturn in the second quarter and more subdued external demand".

Coming off the Covid shock last year, India's growth rate was 8.7 per cent, the report said.

The IMF growth projection for India this year was slightly higher than the World Bank's 6.5 per cent released last week.

The IMF said the global economy would grow by only 3.2 per cent this year and slow down to 2.7 per cent next year buffeted by inflation, the fallout of the Ukraine war, and the lingering effects of the Covid pandemic.

The report warned that global inflation was projected to rise to 8.8 per cent and said that "monetary policy could miscalculate the right stance to reduce inflation" and present "unusually large and to the downside".

Among the other major economies, the US economy was projected to grow by 1.6 per cent this year, China by 3.2 per cent, Germany by 1.5 per cent, the Euro Zone by 3.1 per cent, and the UK by 3.6 per cent.

Next year, the report projected global growth to slow down to 2.7 per cent, and presenting a bleak prognosis it said advanced economies are projected to grow by only 1.1 per cent and the US by 1 per cent while Germany would contract by 0.3 per cent.

China's economy is expected to grow by 4.4 per cent next year.

In South Asia, Bangladesh had a higher growth projection than India at 7.2 per cent for this year, but with a gross domestic product of only $416 billion, it doesn't rank with major economies, while India with a GDP of 3.17 trillion is the world's fifth largest.

Bangladesh's growth is projected to be 6 per cent next year.

Pakistan's economy is projected to grow by 6 per cent this year and 4.4 per cent next year; Nepal by 4.2 per cent this year and 5 per cent next year; Bhutan by 4.9 per cent this year and 4.3 next, and the Maldives by 4.3 per cent this year and 4.4 per cent the next.

Sri Lanka's economy was projected to shrink by 8.7 per cent and by 3 per cent next year.A

(Arul Louis can be contacted at arul.l@ians.in and followed at @arulouis)

--IANS
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Bhopal, Oct 11 (IANS) A day before Prime Minister Narendra Modi is scheduled to arrive in Madhya Pradesh to unveil the newly developed corridor "Mahakal Lok" in the premises of Ujjain's Mahakaleshwar temple, state Congress president Kamal Nath said what he did for Mahakal corridor "is on the record".

The former Chief Minister said the BJP government has finally accepted that loans of farmers were waived off during the 15-month rule of the Congress government, and "they (BJP) will also accept the initiative taken for Mahakal corridor later".

Addressing a press conference on Monday, Nath denied claiming credit on Mahakal corridor, saying: "This is a subject of faith and I am maintaining dignity on it."

However, the race of seeking credit between the ruling BJP and Congress has been doing the rounds since the day Chief Minister Shivraj Singh Chouhan announced that PM Modi would inaugurate the corridor on October 11.

With just some hours left for inaugural of "Mahakal Lok", scheduled at 6 p.m. on Tuesday, the Congress on Monday released detailed notes of decision taken on development of the Mahakal corridor by the then Kamal Nath-led Congress government in 2019.

The Congress also released the photographs of the cabinet meeting, in which Kamal Nath passed the proposal for Mahakal corridor and Rs 300 crore was allocated for the first phase of work.

"Congress government has not only allocated funds for Mahakal corridor, but a proposal to increase monthly wages of priests of all temples was also passed. The project was started by the Congress government... BJP taking credit out of it," Leader of Opposition in Madhya Pradesh Assembly Govind Singh said.

The expanded and newly constructed Mahakal Corridor in Ujjain, which has been designed on the basis of 'Shiv Leela' (108 murals and 93 statues depicting stories related to Lord Shiva), will be providing a glimpse of Shiva Leela.

--IANS
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New Delhi, Oct 10 (IANS) A Congress delegation on Monday met the Election Commission after the National Commission for Protection of Child Rights filed a complaint against it for using children in its ongoing Bharat Jodo Yatra and filed a counter-complaint against the BJP.

The delegation comprised of Jairam Ramesh, Salman Khurshid, and Supriya Shrinate.

Shrinate said: "We met the Election Commission on a very frivolous complaint that was filed by the NCPCR that is meant to protect children's rights and instead, they are actually indulging in electioneering and all sorts of bogus allegations the commission had got... of course, this was a frivolous complaint and we have actually filed a counter complaint against the BJP and its functionaries on how they are using children in a malafide way and in a rather perverse order."

The Congress said that the BJP is nervous after success of the Bharat Jodo Yatra and is making the NCPCR file a bogus complaint.

Ramesh said: "There is no violation of the Representation of People's Act during the Bharat Jodo Yatra and we do not understand why Election Commission has given us a notice on the complaint of the NCPCR."

--IANS
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New Delhi, Oct 10 (IANS) The Supreme Court on Monday pulled up the Rajasthan government over its affidavit in connection with the payment of ex-gratia to family members of those who succumbed to Covid-19.

A bench of Justices M.R. Shah and Krishna Murari said the state government's affidavit was unsatisfactory and it was not doing charity. It said there is a direction by this court and persons who had lost their family members to Covid-19 must be treated with sympathy, and pointed out that earlier the state government had made an assurance in the matter. "Rajasthan is not doing any charity...," said the bench.

It also directed the state government to file a detailed affidavit in the matter.

The Rajasthan government counsel informed the bench that the state is taking all the required steps. However, the top court said the state government's affidavit is not satisfactory at all and allowed counsel file a detailed affidavit and scheduled the matter for further hearing on Friday.

The top court made this observation while hearing a plea filed by advocate Gaurav Kumar Bansal alleging Rajasthan is not adhering to the 2021 order directing state governments to pay ex-gratia of Rs 50,000 to the families of Covid-19 victims.

In March this year, the top court, expressing concern at fake Covid-19 claims, said nobody can be permitted to misuse Rs 50,000 ex-gratia compensation to next of kin of those who succumbed to the disease.

"This Court passed the order directing the Union of India/NDMA/concerned States to pay ex-gratia amount keeping in mind the humanity and keeping in mind the sufferings of the family members who lost one of their family members due to Covid-19. Therefore, nobody can be permitted to misuse the same and it is also against morality and is unethical, which can never be accepted," said the top court in March.

Earlier, the top court had issued various directions while monitoring various state governments in connection with distribution of Rs 50,000 fixed by the NDMA as compensation to the family members of persons who died due to Covid-19.

--IANS
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New Delhi, Oct 10 (IANS) A Muslim organisation on Monday demanded action against BJP's Delhi MP Parvesh Varma for a hate speech on Saturday where he asked to boycott a particular community economically and socially.

In his speech at a Vishwa Hindu Parishad (VHP) rally called to show support to the family of a murdered youth, the MP, as per a video going viral, said in order to teach them (the community in question) a lesson, boycott them, do not give them work or purchase from their shops.

In a tweet, tagging the Prime Minister and sharing the video, Navaid Hamid of Majlis-e-Mushawarat asked if the BJP MP's call for "for economic & social genocide of Muslims is the official policy of your government?"

Noting that the "atrocious call is bound to attract international scrutiny", he asked if any action was considered against Verma.

The Delhi Police has lodged an FIR against the organisers of the rally.

--IANS
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Bengaluru, Oct 10 (IANS) The Congress party in Karnataka buoyed by the response of the party's ongoing Bharat Jodo Yatra led by Rahul Gandhi is planning to rope in another Gandhi family member -- Priyanka Gandhi Vadra, for its Ballary convention.

Sources in Congress said the party leaders are upbeat about the grand old party's prospect in the upcoming assembly elections.

Interim Congress president Sonia Gandhi has joined the Bharat Jodo Yatra recently in Mandya district of Karnataka.

The Congress had come to power in 2013 assembly elections after holding a massive convention in Ballary against the mining mafia and then ruling BJP government.

The Congress managed to garner a simple majority in the elections and Siddaramaiah went on to become the Chief Minister.

The Congress leaders believe if Priyanka Gandhi joins padayatra in Ballary district and addresses the convention there, it would help boosting the party's chances in the central as well as the northern Karnataka region.

'Bharat Jodo Yatra' will cover a total distance of 511 km across 21 days in Karnataka covering eight districts. The only public rally in the state as part of the yatra will be organised in Ballary.

The party is trying to bring in over lakh people for the rally.

Party insiders say that Rahul Gandhi was keen on including Ballary in the route of Bharat Jodo Yatra.

The yatra is scheduled to reach Ballary on October 19.

The convention is organised on the next day.

Ballary is also special to Gandhi family as it had given a major boost to Sonia Gandhi's political career when she contested from here against BJP's late former union minister Sushma Swaraj.

--IANS
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New Delhi, Oct 10 (IANS) The Supreme Court on Monday sought views of Attorney General R. Venkataramani on a plea seeking direction to the Centre to make appointment to the Law Commission of India, which had remained headless since September 2018.

A bench, headed by Chief Justice U.U. Lalit and comprising Justices S. Ravindra Bhat initially said it is not inclined to entertain the petition, as it cited the absence of statutory provision related to the appointment of the Law Commission. However, petitioner, advocate Ashwini Upadhyay requested the court to ask the AG to assist the court in the matter and it agreed with Upadhyay's suggestion.

The plea contended that since August 30, 2018, the Law Commission of India has been headless and even direction to it to examine important legal issues by the constitutional courts remained as a dead letter only.

The plea said, "Law Commission of India is not working since September 1, 2018 hence Centre doesn't have the benefit of recommendations from this specialised body on the different aspects of law, which are entrusted to the Commission for its study and recommendations. The Law Commission, on a reference made to it by the Centre, apex court & high courts, undertakes research in law and reviews existing laws for making reforms therein and enacting new legislations."

The petition, filed through advocate Ashwani Kumar Dubey, said the Law Commission not only identifies laws which are no longer needed or relevant and can be immediately repealed but also examine the existing laws in the light of Directive Principles of State Policy and suggest ways of improvement and reform. The plea added that although the Centre approved setting up of twenty second Law Commission on February 19, 2020, it has not appointed the Chairman and members.

The plea contended that the Law Commission conveys its views on any subject relating to law and judicial administration and also considers the requests for providing research to foreign countries.

"It takes all measures as may be necessary to harness law... and revise Central Acts of general importance so as to simplify them and remove anomalies, ambiguities and the inequities. The Law Commission has been able to make important contributions towards the progressive development and codification of Law of the country and it has so far submitted 277 reports," added the plea.

The Central government, in its response filed last year, said the appointment of Law Commission Chairman and members was under consideration with authorities concerned.

--IANS
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Guwahati, Oct 10 (IANS) Congress leader Mallikarjun Kharge on Monday took an indirect jibe towards his rival candidate Shashi Tharoor while visiting Assam to campaign for the upcoming Congress presidential election.

"Some people have been roaming with their own manifesto, but, why should I have it? In the Udaipur Chintan Shivir, a detailed roadmap for the party was prepared by the various internal committees. I have those declarations with me and once I sit in the Congress president's chair, I will implement these one by one."

"Decisions taken at Udaipur have declarations for all wings of Congress party like Youth Congress, Mahila Congress, etc. I will try to materialise those declarations taken by the leaders of our party," he said.

Stressing on his credentials for the Congress President's post, Kharge said that he has more than 50 years of experience working from the block level to a Congress Working Committee member to end as the Leader of the Opposition in the Rajya Sabha.

The veteran Congress leader also launched a sharp attack on BJP saying that the ruling party is doing a 'Bharat Todo' exercise in the country.

Citing his reason to contesting for the top party post, Kharge said that interim party chief Sonia Gandhi clearly declared that nobody from Gandhi family will compete for the post and party delegates will decide the next Congress President. She will not interfere in the whole process.

"Then our senior leaders and party workers reached out to me with a request to fight for the post because the BJP has been continuously instigating fights between communities, religion, etc. The democratic institutions are facing a threat from the ruling party and they have been undermining the country's constitution too," he said.

The senior Congress leader alleged that BJP has been trying to break the Congress in almost every state.

"They broke our government in at least 6-7 states like Karnataka, Maharashtra, Madhya Pradesh, Goa, Manipur, Arunachal, etc. In Gujarat, we had given them a strong fight in the last Assembly election, but there also, the BJP tried to do the same thing."

"When a party MLA or MP does not fall into their trap, BJP uses the ED, or the CBI against them or lure opposition leaders by promising to give some big responsibilities. This is a total insult to democracy. (Pandit Jawaharlal) Nehru ji was Prime Minister for such a long time but he never did such malicious things, instead, he used to show respect for opposition party leaders," Kharge told reporters here.

The Congress presidential candidate also criticised Prime Minister Narendra Modi for his desperation to campaign for the party.

"If Prime Minister has charisma, why he had to go for the campaign even in the corporation elections," he questioned.

--IANS
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Kolkata, Oct 10 (IANS) Congress leader Mallikarjun Kharge, who is the key contestant for the post of the party President, on Monday promised that he will give more stress on "collective decisions" in the party if he is elected for that chair.

"This is an internal election. Any decision will be taken through internal and mutual discussions. Not 'me' but 'we' will together take the decisions," Kharge said while addressing a press meet as he visited Kolkata for campaigning.

He also promised a 50 per cent reservation in the party portfolios for women, scheduled castes, scheduled tribes and other backward classes. He also proposed that no one will be able to stick to a particular chair for a period more than five years.

"We all wanted Rahul Gandhi to be unanimously elected as the Congress President. We also conveyed this to our leader, Sonia Gandhi. But she said that none from the Gandhi family will contest in the polls. I am contesting this election to uphold the great legacy of Congress's ideology as well as to establish democracy in the entire country. I am contesting this election following the instructions of the leadership of my party," Kharge said.

Meanwhile, the West Bengal Pradesh Congress Committee (WBPCC) is yet to make any formal announcement on whether their support will be extended towards Kharge or the other contestant for the chair, Shashi Tharoor. According to state Congress President and veteran party Lok Sabha member, Adhir Ranjan Chowdhury, the state Congress unit wanted Rahul Gandhi to be party's national President.

"But that is not happening. We, on behalf of WBPCC, have welcomed Mallikarjun Kharge. Similarly, we will also welcome Shashi Tharoor who is coming to the state soon. However, we are yet to take any decision," he said.

--IANS
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