Kerala High Court: Divorced woman entitled to recover medical expenses

Reasonable and fair provisions have to be made, says HC

Kochi: Kerala High Court on Tuesday held that a divorced Muslim woman is entitled to recover her medical expenses from the former husband.

Considering a petition of Abbas of Pallakkal, Kozhi-kode, against his former wife Souda K.V., Chaliyam, Justice Kemal B. Pasha ruled that the former husband who ‘effected an extra-judicial divorce’ should see that she is maintained properly.

The petitioner was only 28 when she was thrown out with her three children and there was no scope for a second marriage. This is why the legislature in its wisdom incorporated the provision for reasonable and fair provision and maintenance, the court held.

The petitioner had to spend Rs 2.31 lakh on her medical treatments for renal problems. The court asked the trial court to verify the bills and pass an order.

Habeas corpus plea to find missing family
A habeas corpus petition has been filed before High Court about a family of five who have gone missing. The petitioner apprehends that they are under detention by certain persons who are compelling them to change their religion.

A Division Bench comprising Justice C.K. Abdul Rehim and Justice K. Ramakrishnan considered the plea on Tuesday and sought the state’s view. Prakasan of Tirur, Malappuram, a relative of the missing family, who moved the court, said his sister Shobha, her husband Gopalan and three minor girl children were missing from their residence since July 16. He had filed a complaint before the police.

Petitioner’s counsel K.R. Sunil submitted that even ten days after lodging the complaint, the cops had failed to trace the missing family or to collect any evidence. While searching the house of the missing persons, they had found certain Islamic religious books and the telephone numbers of two persons belonging the Muslim community. The police are not taking earnest efforts to trace the missing persons, the petitioner submitted.

There were no reasons for the disappearance of Gopalan and his family other than the illegal detention for forceful conversion of their religion. The court will consider the case after two weeks.

Copyright protection for youth fests sought
A petition has been filed before the Kerala HC alleging copyright violation with regard to recording the performances of students during school youth festivals.

To avoid complaints and to decide on appeals in the competitions, the entire events are videographed using high quality equipment by the sound operators of the venue and it is being secretly given to outsiders who sell it for a consideration, the petitioner argued.

The petitioner, acclaimed dancer Anupama Mohan, also submitted the proof to show that such works are sold in the open market.

The original work done by the artists have the protection of the Copyright Act 1957. The petitioner argued that students under the age of 21 are being exploited by the state.

( Source : deccan chronicle )
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