From this mess where do we go now?

The Preamble of the Constitution of India starts with the following: "We, the people of India, having solemnly resolved to constitute India into a sovereign democratic republic....".

Therefore, the resolve to 'constitute' India into a 'sovereign' democratic State has been crystal clear. Further, the word, republic would mean, "a country without a king or queen, usually governed by elected representatives of the people and a president."(Cambridge English Dictionary).

The expression, 'country' includes the normal dwelling place of people irrespective of caste, creed, religion, language etc; and all the inhabitants within a country are called, the people.

Seen in this context, the makers of the Constitution had envisioned India as a 'sovereign,' meaning having the highest power or being completely independent democratic State.

Considering the mandate of the Constitution, which is nothing but Geeta, Quran or Bible for our democracy, the elected representatives are duty-bound to maintain the 'sovereignty' of the country at any cost.

The divisive forces and anti-majority religious forces had adopted dangerous portends since even before the general elections sensing their crushing defeat.

Now that their fears have come true and a truly nationalist government has assumed power at the Centre, these ant-national forces seem to have launched a final 'do or die' battle against the duly elected government .

What the nation witnessed on June 28 in Lok Sabha during the debate on scrapping the Article 370 of the Constitution bears enough testimony for the aforementioned observation.

No doubt, like a true crusader for the sovereignty and integrity of the country, the Home Minister not only rebutted the wild allegations of the supporters of Tukde-Tukde gang but also sent a strong message to the people of the country and the world at large that gone are the days of pseudo-secularism in India, gone are the days of brow-beating the majority population of the country and gone are the days of looting the country monetarily as well as geographically by indulging in arm-twisting tactics.

The crestfallen separatist forces in fact, have long ago have hatched a conspiracy to break India into pieces with the external help of ISIS, Talibans, Al Quaeda and what not besides soft-peddling but equally dangerous forces styled as 'missionaries.'

In fact, voices of separatism have quite been louder in recent times besides Kashmir from down south Kerala and West Bengal where the fundamentalist Muslims are in a sizeable number.

The strategy of the Tukde-Tukde gang seems to be to create the pockets of Muslims and Christians in different parts of the country and then, revolt against the democratically elected government.

Fortunately for India that is Bharat and the world at large, the government of the day has minced no words to proclaim within and out of parliament that any such sinister move to divide India further on the basis of religion or language shall be crushed ruthlessly.

Let's only hope the present leadership will not fall in its own trap of " Sab Ka Saath, Sab Ka Vikas aur Sab Ka Viswas" just as Pandit Jawaharlal Nehru too, had got trapped himself in his self-woven cobwebs. Such slogans work only when all the state-holders think on the same wavelength.

Foundation stone without building plan?

The State government was caught napping when a division bench of the Telangana High Court asked its counsel a pointed question.

The question was if the preparation of the new building plans for the Assembly and Council buildings at Errum Manzil were under way, then how the Chief Minister could lay the foundation stone for their construction?

The court has been seized of the PIL against the demolition of existing buildings and construction of new ones after demolishing the spacious building housing the R & B Department at Errum Manzil in the city of Hyderabad. The matter now stands posted to July 8.

Unmarried daughter can claim maintenance

The Madras High Court has held in R Kiruba Kanmani Vs. L Rajan case that a combined reading of Section 125 of CrPC and Section 20 (3) of the Hindu Adoption and Maintenance Act makes it very clear that a father is under an obligation to maintain his unmarried daughter even if she has attained majority.

In this context, a recent judgement by the Bombay High Court in Agnes Lily Irudaya Vs Irudaya Kani Arasan was also brought to the notice of the High Court which, inter alia, said : " It is very clear that ..even though Section 125 restricts the payment of maintenance to the children till they attain majority, but when it comes to the daughter, Courts have taken a consistent stand that even though the daughter has attained majority, she will be entitled for maintenance till she remains unmarried by virtue of Section 20 (3) of the Hindu Adoption and Maintenance Act, 1956. .. the Courts have taken a consistent stand that the petition under Section 125 of CrPC can be entertained without pushing her to file an independent petition under the Hindu Adoption and Maintenance Act.

Appoint competent lawyers as PPs: K HC

Observing that in most of the cases the prosecution is not being conducted properly and even the basic knowledge which is necessary to conduct a criminal prosecution is lacking, purely on account of inexperience, a division bench comprising Justice A M Shaffique and Justice N Anil Kumar of the Kerala High Court said: "The government should while appointing prosecutors, especially for conducting serious criminal cases, competent persons are to be appointed taking into consideration their expertise in the field.

The High Court made this observation in a judgement dated 28-06-2019 in Crl.A No. 1029 of 2013 in Pachappan@Aruchami T & Others Vs. State of Kerala.

In this case, four accused who were convicted for murder of a Ward president of BJP and warded life imprisonment and fine by the trial court were acquitted by the High Court giving them the benefit of doubt.

Calcutta HC on rights of divorced wife

In an important judgement, the Calcutta High Court has held that a divorced wife who got an order of maintenance and other relief under Domestic Violence Act prior to the decree of divorce is entitled to execute the same if she is unable to maintain herself and she has not remarried and for other reasons.

Dealing with two important legal issues , viz. Whether the wife is required to be continued in domestic relationship to execute an order of maintenance already granted in her favour under the provisions of the Prevention of Women from Domestic Violence Act, 2005; and whether change of marital status of the wife by a decree of divorce can be considered to be a change in circumstances as mentioned in Section 25 (2) of the DV Act , Justice Madhumati Mitra in Sri Krishnendu Das Thakur Vs. The State of West Bengal & Anr held as under:

"..our law recognises the right of a divorced wife to get maintenance till her remarriage. This Act of 2005 provides additional rights and remedies to the aggrieved person."

With this clarification, the women placed in similar situation can heave a sigh of relief as they are from now onwards saved from knocking the doors of the court once again to get maintenance after the decree of divorce.