Can Family Court Entertain Maintenance Petition Under Muslim Women (Protection of Rights on Divorce) Act? SC Delivers Split Verdict [Read Judgment]

first_imgTop StoriesCan Family Court Entertain Maintenance Petition Under Muslim Women (Protection of Rights on Divorce) Act? SC Delivers Split Verdict [Read Judgment] Ashok Kini18 Jun 2020 6:57 AMShare This – xThe Supreme Court has given a split verdict on the issue whether a Family Court has the jurisdiction to entertain a petition for maintenance under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986. Justice R. Banumathi opined that the Family Court has no jurisdiction, while Justice Indira Banerjee expressed a view that it has. Therefore, a larger bench will…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court has given a split verdict on the issue whether a Family Court has the jurisdiction to entertain a petition for maintenance under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986. Justice R. Banumathi opined that the Family Court has no jurisdiction, while Justice Indira Banerjee expressed a view that it has. Therefore, a larger bench will be constituted to decide the issue. Case Background The appeal arises out of a Rajasthan High Court judgment that set aside an order passed by a Family Court which converted the application for maintenance under Section 125 Cr.P.C. into Section 3 of the Muslim Women (Protection of Rights on Divorce) Act. Maintenance Petition can be moved only before the First Class Magistrate Referring to the provisions of the Family Courts Act, and the Muslim Women’s Protection Act, Justice Banumathi said that the latter does not refer to the Family Court or does not say that an application under Sections 3 and 4 can be filed before the Family Court. The judge also noted that an application under Section 3(2) of Muslim Women’s Protection Act can be moved only before the First Class Magistrate having jurisdiction in the area under Criminal Procedure Code. Justice Banumathi observed: The application under Section 3(2) of the Act of 1986 by the divorced wife has to be filed before the competent Magistrate having jurisdiction if she claims maintenance beyond the iddat period. Even if the Family Court has been established in that area, the Family Court not having been conferred the jurisdiction under Section 7 of the Family Courts Act, 1984 to entertain an application filed under Section 3 of the Muslim Women Protection Act, the Family Court shall have no jurisdiction to entertain an application under Section 3(2) of the Act of 1986. The Family Court, therefore, cannot convert the petition for maintenance under Section 125 Cr.P.C. to one under Section 3 or Section 4 of the Act of 1986. The High Court, in my view, rightly held that the Family Court has no jurisdiction to entertain the petition under Sections 3 and 4 of the Act of 1986 and that the Family Court cannot convert the petition for maintenance under Section 125 Cr.P.C. to one under Section 3 or Section 4 of the Act of 1986. I do not find any reason warranting interference with the impugned order. Divorced Muslim Women seeking maintenance cannot be denied access to Family Court On the other hand, Justice Banerjee opined that a rigid, constricted reading of the 1986 Act for Muslim Women, to denude the Family Courts constituted under the Family Courts Act of jurisdiction to decide an application thereunder, is impermissible in law. The judge made these observations: “In my view, a Family Court having jurisdiction is to be deemed to be the Court of a Magistrate, for the purpose of deciding the claim of a divorced Muslim Woman to maintenance, on a harmonious conjoint reading and construction of Sections 7 and 8 of the Family Courts Act with Sections 3(2), 3(3), 4(1), 4(2), 5 and 7 of the 1986 Act for Muslim Women, in the light of the overriding provision of Section 20 of the Family Courts Act.””A literal and rigid interpretation of the expression “Subordinate Civil Court” to single out divorced Muslim Women seeking maintenance from their husbands, access to Family Courts when all other women whether divorced or not and even Muslim Women not divorced can approach Family Courts would be violative of Article 14 of the Constitution. “”This Court has only given a purposive interpretation to the expression Subordinate Civil Court in Section 7 of the Family Courts Act to include the Court of a Magistrate empowered to entertain proceedings for maintenance under the 1986 Act for Muslim Women, which are in essence and substance, civil proceedings.””There can be no dispute that the Family Court alone has jurisdiction in respect of personal and family matters relating to women and men, irrespective of their religion. Family matters of Muslim women pertaining inter alia to marriage, divorce etc. are decided by Family Courts, as also claims of Muslim wives to maintenance under Section 125 of the Cr.P.C. There could be no reason to single out divorced Muslim wives to deny them access to the Family Courts, and that in my view, was never the legislative intent of the 1986 Act for Muslim Women.” Case no.:  CRIMINAL APPEAL NO.192 OF 2011Case name: RANA NAHID @ RESHMA @ SANA Vs. SAHIDUL HAQ CHISTICoram: Justices R. Banumathi and Indira BanerjeeClick here to Read/Download JudgmentRead JudgmentSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Pepsi in Nokia promotion

first_imgBritvic and PepsiCo have launched a new initiative with Nokia in order to build on Pepsi and Nokia’s credentials in music, aiming to engage and reward their customers and consumers.The on-pack promotion will give consumers of Pepsi the chance to win a Nokia 5800 Comes With Music handset every 10 minutes. Consumers will need to text codes found on the drinks for the chance to win a handset, or they can enter online. The offer is supported by a TV and digital media campaign as well as in-store promotions.Pepsi brand manager at Britvic Chris Owen said: “The TV advertising and in-store activation will help to drive awareness of the promotion to drive sales and profit opportunities for our customers.”last_img read more

Wolf Administration Teams with PUC and Utilities to Highlight Efforts to Grow Veterans in the Utility Workforce

first_img SHARE Email Facebook Twitter Jobs That Pay,  Press Release,  Veterans,  Workforce Development Harrisburg, PA – Today Wolf Administration officials from the Pennsylvania Department of Labor & Industry (L&I) and the Department of Military and Veterans Affairs (DMVA) joined Pennsylvania Public Utility Commission (PUC) Chairman Gladys M. Brown and representatives from public utilities from across the state to highlight the importance and impact of veterans in the utility workforce.“Pennsylvania’s veterans deserve every opportunity to continue their career success after they return home to civilian life,” Governor Tom Wolf said. “The chance to grow the veteran workforce in our public utilities demonstrates how Pennsylvania employers support and value these hard-working individuals.”“First and foremost, our veterans have already made a tremendous contribution to keeping our nation safe and secure – and veterans play a strong role in our public utilities and overall labor force,” noted Chairman Brown. “These men and women are disciplined, mission driven, safety focused, community oriented and understand the critical nature of utility services.”Chairman Brown noted that Pennsylvania’s workforce includes 266,000 veterans, and the state ranks eighth in the nation in the number of veterans between 18 and 64 years old. Still, there are concerns about unemployment, with about 13,000 Pennsylvania veterans without jobs right now – and many others may still be struggling to find the right civilian-sector job for themselves or their families.The PUC, together with state agencies and utilities, is working to connect more veterans (and their families) to employers, as well as encouraging more talented workers, of all ages and backgrounds, to consider careers in the utility sector – which has a strong and growing demand for a new generation of employees.“Our nation’s veterans have served in numerous military specialties that have direct ties to the utility industry.  These include satellite/telecommunications operations, cable/fiber line installers, electrical systems, engineering and logistics,” said Maj. Gen. Tony Carrelli, Pennsylvania’s adjutant general and head of the DMVA. “They are valuable, highly skilled individuals who will greatly contribute to the utility industry workforce.”Nationally, there are about 200,000 men and women transitioning from the military to civilian work every year – which means there is a substantial group of skilled candidates looking for opportunities.  Additionally, one of the top classifications for service members looking for work in the private sector is “Engineering, Science and Technical,” which fits very well with some of the utility industry jobs that are in the highest demand.Working together with agencies and utilities across the state, and in conjunction with a task force created by the National Association of Regulatory Utility Commissioners (NARUC), several issues have been identified:The need for enhanced communication, especially helping veterans and potential employers better understand each other;“Translating” military skills and classifications into the positions and needs of the civilian sector;Greater information-sharing about job openings;Highlighting various training and apprenticeship programs; and,Identifying ways to promote Pennsylvania opportunities on a regional and national level.As part of the effort to increase access to information, the PUC has established an enhanced LinkedIn site to highlight information about job opportunities, not only at the Commission, but also the greater spectrum of utility jobs across the state.The other part of this equation is helping veterans, along with other potential job-seekers, understand the career potential of working in the utility sector.“Pennsylvania’s utilities – large and small, across the state – represent tens-of-thousands of well-paying, family-supporting and community-oriented jobs,” said Chairman Brown. “These are jobs and skills that will remain in-demand well into the future, with growth and training opportunities, good wages, and the satisfaction of knowing that you are serving your local communities.”Chairman Brown noted there is a current and growing demand for new workers, as a large percentage of our utility workforce is quickly approaching retirement age, fueling a statewide and national appetite for a long list of skills, including:Engineers;Field operations, including the people who maintain existing systems and build-out new systems;Plant Operators, who keep the energy and water flowing to our communities; and,Various technical positions, including relatively new areas of concern, like CyberSecurity.“This is an issue that goes far beyond one agency or utility. It’s an issue that has the potential to impact us all, in terms of the reliability and cost of utility service,” said Chairman Brown. “These are systems and people we depend upon to keep our communities safe and healthy, and it is important that we do what we can to ensure that our utilities have the skilled personnel they need to meet the needs of today and tomorrow.”The Pennsylvania Public Utility Commission balances the needs of consumers and utilities; ensures safe and reliable utility service at reasonable rates; protects the public interest; educates consumers to make independent and informed utility choices; furthers economic development; and fosters new technologies and competitive markets in an environmentally sound manner.For recent news releases and video of select Commission proceedings or more information about the PUC, visit our website at www.puc.pa.gov. Follow the PUC on Twitter – @PA_PUC for all things utility.  “Like” Pennsylvania Public Utility Commission on Facebook for easy access to information on utility issues. Wolf Administration Teams with PUC and Utilities to Highlight Efforts to Grow Veterans in the Utility Workforcecenter_img November 09, 2017last_img read more