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Identity of child’s father immaterial in rape case, rules SC

Declining to entertain the plea, the bench further added that it does not allow a child’s DNA test at the drop of the hat and pointed out that if the accused were not to be the father of the child, would it obviate rape?..reports Asian Lite News

The Supreme Court on Tuesday declined to entertain a plea seeking a DNA test of the child of a minor, who was allegedly raped.

A bench of Justices D.Y. Chandrachud and A.S. Bopanna, in its order, said: “We are not inclined to entertain the Special Leave Petition under Article 136 of the Constitution. The Special Leave Petition is accordingly dismissed. Pending application, if any, stands disposed of.”

During the hearing, the bench noted that the identity of the child’s father is immaterial to the case. It added that in the offence under the Indian Penal Code’s Section 376, the identity of the father has no relevance.

Counsel representing the accused contended that his client moved the top court against the Allahabad High Court order dated June 25, 2021, which set aside the sessions court order, allowing the DNA test of the child. The accused, in the plea in the apex court, claimed that it is being alleged that he is the father of the child.

Declining to entertain the plea, the bench further added that it does not allow a child’s DNA test at the drop of the hat and pointed out that if the accused were not to be the father of the child, would it obviate rape?

The top court order came on a plea by the rape accused, who is facing trial in a juvenile court, which also declined to entertain his plea for DNA testing. The accused filed the plea through advocate Robin Khokhar.

It has been alleged that seven months ago from the registration of the case, the accused raped the minor girl in front of his family members. The mother of the victim lodged an FIR at police station Kotwali Dehat in Uttar Pradesh’s Sultanpur against the accused and his family members. During the trial, the accused was declared juvenile and trial is in progress before the juvenile justice board.

The high court had noted determining paternity of the child is irrelevant, as the matter is whether the accused raped the victim or not.

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Daughters to inherit fathers’ properties, to get preference over others: SC

The judgment came on an appeal filed by the legal heirs of Arunachala Gounder, as it set aside the verdicts passed by Madras High Court and the trial court…reports Asian Lite News

The Supreme Court on Thursday held that inherited property of a female Hindu dying issueless and intestate, will either go to the heirs of her parents or husband.
Explaining the provisions of the Hindu Succession Act, a bench of Justices S. Abdul Nazeer and Krishna Murari said: “The main scheme of this Act is to establish complete equality between male and female with regard to property rights and the rights of the female were declared absolute, completely abolishing all notions of a limited estate.”

It further added that the Act brought about changes in the law of succession among Hindus and gave rights which were till then unknown in relation to women’s property. “The legislative intent of enacting Section 14 (I) of the Act was to remedy the limitation of a Hindu woman who could not claim absolute interest in the properties inherited by her but only had a life interest in the estate so inherited,” said the bench.

The judgment came on an appeal filed by the legal heirs of Arunachala Gounder, as it set aside the verdicts passed by Madras High Court and the trial court. “Unfortunately, neither the trial court nor the High Court adverted itself to the settled legal propositions which are squarely applicable in the facts and circumstances of the case,” said the top court.

“Since the succession of the suit properties opened in 1967 upon death of Kupayee Ammal, the 1956 Act shall apply and thereby Ramasamy Gounder’s daughter’s being Class-I heirs of their father too shall also be heirs and entitled to 1/5th share in each of the suit properties,” it said.

The bench noted that the right of a widow or daughter to inherit the self-acquired property or share received in partition of a coparcenary property of a Hindu male dying intestate is well recognised not only under the old customary Hindu law but also by various judicial pronouncements.

It said if a female Hindu dies intestate without leaving any issue, then the property inherited by her from her father or mother would go to the heirs of her father whereas the property inherited from her husband or father-in-law would go to the heirs of the husband. “The basic aim of the legislature in enacting Section 15(2) is to ensure that inherited property of a female Hindu dying issueless and intestate, goes back to the source,” said the bench.

It added that the Act lays down a uniform and comprehensive system of inheritance and applies, inter-alia, to persons governed by the Mitakshara and Dayabhaga Schools and also to those governed previously by the Murumakkattayam, Aliyasantana, and Nambudri Laws.

“The Act applies to every person, who is a Hindu by religion in any of its forms including a Virashaiva, a Lingayat or a follower of the Brahmo Pararthana or Arya Samaj and even to any person who is Buddhist, Jain, or Sikh by religion excepting one who is Muslim, Christian, Parsi or Jew by religion,” it added.

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SC: Father liable to take care of son till he becomes major

The apex court, exercising its power under Article 142 of the Constitution, confirmed the divorce decree awarded to the husband and wife by the family court and the high court. It also directed the father to provide Rs 50,000 maintenance per month…reports Asian Lite News.

The Supreme Court has said a child should not suffer in the dispute between a husband and wife, as it held that it is the responsibility of the father to maintain the son till he attains the age of majority.

A bench of Justices M.R. Shah and A.S. Bopanna said: “Whatever be the dispute between the husband and the wife, a child should not be made to suffer. The liability and responsibility of the father to maintain the child continues till the child/son attains the age of majority. It also cannot be disputed that the son has a right to be maintained as per the status of his father.”

The bench noted that the mother of the child is not earning and she is residing at her parental house at Jaipur.

“Therefore, a reasonable/sufficient amount is required for the maintenance of her son including his education etc. which shall have to be paid by the respondent-husband, irrespective of the decree of dissolution of the marriage between the appellant-wife and the respondent-husband,” it added.

The apex court, exercising its power under Article 142 of the Constitution, confirmed the divorce decree awarded to the husband and wife by the family court and the high court. It also directed the father to provide Rs 50,000 maintenance per month.

The bench took into consideration the estranged couple has not been staying together since May 2011 and therefore, there is an irretrievable breakdown of the marriage between them.

The bench noted since December 2019, the father had stopped paying the amount, which was being paid under the order passed by the Army authorities on November 15, 2012.

“The respondent-husband is directed to pay Rs 50,000 per month with effect from December 2019 to the appellant-wife towards the maintenance of the son as per the status of the respondent herein. The arrears @ Rs 50,000 per month from December 2019 to November 2021 shall be paid within a period of eight weeks from today.”

The marriage between the couple was solemnised on November 16, 2005, and the man was then serving as a Major. The couple’s child is now aged 13 years.

In May 2018, the family court passed a decree for dissolution of the marriage between the husband and wife on the ground of cruelty and desertion by the wife, and it was confirmed by the high court.

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-Top News UK News

Senior lawmaker says PM’s father touched her inappropriately

This candidate, mentioned by Nokes was UK PM’s father who was later failed to get selected…reports Asian Lite News.

Prime Minister Boris Johnson’s father Stanley Johnson has been accused by a senior British Conservative lawmaker of touching her inappropriately at the party’s annual conference in 2003 when both of them were parliamentary candidates ahead of an election. As per Sky News report, a former minister and chair of the Women and Equalities Select Committee, Caroline Nokes said that the incident took place at the Conservative Party Conference in Blackpool back in 2003 when she was in her early 30s.

Nokes represented Romsey and Southampton North in the House of Commons since 2010 and was simultaneously the prospective parliamentary candidate for the constituency before the general election of 2005. In an interview with Sky News, she recalled saying, “I can remember a really prominent man – at the time the Conservative candidate for Teignbridge in Devon – smacking me on the backside about as hard as he could and going, ‘oh, Romsey, you’ve got a lovely seat’.”

This candidate, mentioned by Nokes was UK PM’s father who was later failed to get selected. Sky News even approached Stanley Johnson for comment in relation to the allegation and he responded saying, “I have no recollection of Caroline Nokes at all – but there you go. And no reply… Hey ho, good luck and thanks.” However, describing her recollection, Nokes said, “I would have been in my early 30s, so old enough, old enough to call it out.”

Nokes added, “I now regard it as a duty, an absolute duty, to call out wherever you see it. Be the noisy, aggravating, aggressive woman in the room because if I’m not prepared to do that, then my daughter won’t be prepared to do that… you do get to a point where you go ‘up with this, I will not put’.”

The senior Conservative MP made the remarks in the course of a cross-party panel discussion hosted by Sky News including four prominent female lawmakers about how to confront violence against women in the wake of the murder of 33-year-old Sarah Everard. Apart from Nokes, the discussion also featured Labour MP’s Jess Phillips and Rosena Allin-Khan and Conservative MP Fay Jones.

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Great health! The best gift for your father

It is easy to forget to drink enough water in the rush to do things. But this can be detrimental to your father’s efficiency, may lead to brain fog and may even lower their immunity…writes Siddhi Jain.

Parenting is a serious topic in our society and taking care of parents is also very important topic to be discussed and practiced. The pandemic has caused many of us to reimagine our lifestyle and take cognizance of the potential health risks. Give your father the gift of great health by getting him to adopt a wise sodium-intake diet and a little bit of exercise. Ensure he makes small lifestyle changes for positive impact, starting with these four tips.

Check his BP

The connection between excess sodium intake and high blood pressure (hypertension) is an open secret. World Hypertension Day that went by in May also reminded us of the importance of keeping this silent killer in check. In fact, it has been found that regulating one’s salt intake in the diet can prove very effective in getting one’s BP under control. So, help your father rein in his salt intake by using iodized salt with low sodium, for example — Salt with at least 15 per cent less sodium from a trusted brand. Another effective strategy is to help them switch to alternative flavourings: wedges of cut lemon, chili flakes and black pepper powder, onion powder, and garlic powder are good options. Herbs like coriander, parsley, mint, oregano, thyme, and basil work well too.

Try this: Mix 5 parts roasted and powdered sesame seeds with 1 part salt (high quality iodized salt), and use as a flavouring. The fact is that although the total requirement of iodine for an adult adds up to less than a spoonful as there is no storage organ for iodine in the body, it is necessary for iodine to be included in our daily diet. Salt works as a very effective medium for this purpose and will help them meet their iodine requirement too.

Colour therapy

Ensure that they eat a plate full of palatable colour. A colourful diet that is the easiest and most effective way to ensure well-being and to keep myriad diseases at bay. And what better time than during Father’s Day to reiterate the importance of this simple rule of rainbow eating to our fathers. This simple step will pay rich dividends in terms of better health and longevity for them.

Hydrate. Hydrate. Hydrate.

It is easy to forget to drink enough water in the rush to do things. But this can be detrimental to your father’s efficiency, may lead to brain fog and may even lower their immunity. To prevent dehydration, share with them this simple plan: Begin the day with 2 glasses of water. Finish 1 litre of water by lunchtime and then another by dinner time. Also have an additional glass of warm water after every meal. This will take care of their daily water needs.

Don’t miss out on exercise

Lockdown and the virus has interfered with everyone’s exercise regime: accessing gyms are tough and stepping out for walks is not easy. But this is no reason to stop movement completely. After all, they need to burn off those extra calories (and also need some extra help from endorphins to keep the moody blues away) now more than ever. So ask your father to get creative. Take short walks after dinner by walking around the house or in the balcony /garden (however small or big it might be), or enroll them in an online yoga class.

With health being front and centre in these times, ensure your father has the best shot at a healthy life ahead. (Tips by Kavita Devgan, Nutritionist, Tata Salt)

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Jailed father meets daughter for first time in 33 yrs

Since then he had tried four times to escape the prison cell, but each time he was caught and put behind the bars…reports Asian Lite News.

Even as Covid-19 pandemic has wreaked havoc across India, but the distressful situation has turned out to be a succour to the rarest of the rare reunion between a father and his daughter in Kerala, for the first time after 33 years.

The 65-year-old man Sivaji has been cooling his heels at the central prison in the state capital, while his 33-year-old daughter R. Ajitha decided to meet her father, whom she had never seen as he went underground, month after she was born in 1988. Later, he was arrested for murder in the same year.

Since then he had tried four times to escape the prison cell, but each time he was caught and put behind the bars.

Ajitha, who is an active CPI-M worker, recalled the sequence of events and is really excited that her efforts paid off and she was able to meet her father.

“My father while living in Alappuzha district had a tiff with a local Congress worker, in which the former sustained critical injuries. But, in 1985, a fight again ensued between the two, that resulted in the death of the Congressman and my father evaded the spot,” said Ajitha.

“After the murder, my father went underground and married my mother. But in 1988, he was arrested on the murder charge and I was then just a month old. Since then he attempted to escape four times from the jail and each time he was caught,” she added.

Following Sivaji’s arrest, his wife had committed suicide after one year, and by that time their she grew up in the company of her maternal grandmother who is presently 90-year-old.

As time passed by, Ajitha heard about Sivaji’s name from her relatives and much later she realised it was her father and is currently lodged in a jail.

“The first time when I decided to meet my father was after a TV programme telecast inside the jail premise and then I found out that my father was lodged at the central jail in the state capital. I had then started planning to meet him and got in touch with the local CPI-M leaders at Palakkad, where I live with my husband (who works in a food unit at Kozhikode) and three children,” Ajitha said.

Although officials did their best to help her, but the only hurdle according to Ajitha was the son of that slain Congress leader, who is now a police official.

“Even though the maximum sentence for a crime of this nature is 14 years and even when the extension is applied for each jail break, he ought to be free after 16 years, but what I was told is that the report against him inside the jail premise is bad and hence he continues to be there,” added Ajitha.

She said a glimmer of hope emerged last year, when the court decided to give parole for prisoners on account of Covid, but her father failed to get that benefit.

“But this time, when the apex court ruled again to give parole, my father got it and I came from Palakkad on Wednesday and met my father for the first time. We took the night train and reached home on Thursday morning.

My three kids and we are all happy, that we could finally get to see my father. We are all really delighted and the parole is now for three months, after which he will have to go back. Meanwhile, we will also try to see if he can get remission,” added Ajitha.

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