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Indulging in an Affair during subsistence of a Marriage by any one of the Partners is Cruelty: High Court

Seeking security for the future of the neglected child would not be considered as cruelty inflicted upon the spouse indulging in the affair

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New Delhi, Nov 25, 2016: Indulging in an affair during the subsistence of a marriage by any one of the partners is cruelty, said the Delhi High Court while annulling a divorce granted to a man divorce who was in an open relationship.

A bench including Justices Preadeep Nandrajog and Yogesh Khanna permitted the appeal by a woman challenging the divorce grant by a trial court on the basis of her husband’s plea and said that he was involved in an extramarital affair.

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It was revealed that the man, after the trial court’s verdict in May last year, has already tied a knot with the woman he was in a relationship with. He also fathered a child in February 2008 with his mistress, mentioned PTI.

“The totality of evidence rather establishes the mental cruelty upon the appellant (wife) rather than upon the respondent (husband) herein who is now stated to be blissfully married to a woman with whom he had a son during subsistence of marriage with the appellant (wife) herein,” the bench said in its verdict.

According to the PTI report, the man’s allegation was that he was treated cruelly by his wife and she demanded property belonging to ancestors. To the man’s allegations, the bench said that the wife’s behaviour needs to be considered keeping in mind the circumstances as her husband was in an open adulterous relationship.

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The bench said that the fact that the husband visited the house of his paramour multiple times before splitting up with his wife shows his inclination towards the mistress.

The panel said, “this gives credence that she (wife) never denied sex to the respondent (husband) and he did not come to her because of him being in the relationship with a woman. Having an affair during the subsistence of marriage by either of the spouses amounts to cruelty upon the other.”

The woman approached the high court to challenge the divorce granted in May 2015 by her husband’s petition who was involved in an extramarital affair with a divorced woman working in his office during the subsistence of their marriage, mentioned PTI report.

The couple was married in July 1993 and the husband filed for divorce in July 2004. In contrast to the allegations targeted at her, she claimed that her in-laws and her husband were the ones treating her cruelly and it as not the other way around.

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The trial court granted the petition for divorce by the husband on grounds of the wife demanding ancestral property and denying sex to her husband.

The High Court said that, “The appellant (wife) would naturally be feeling insecure for herself and her daughter and thus even if she made a demand for an immovable property in her name, it would not be an act of cruelty but the helpless cry by a wife, who was cheated, to ensure that she and her daughter had a roof above their head”.

It further mentioned that in a case where the accused or respondent was indulging in an extramarital affair, seeking security for the future of the neglected child would not be considered as cruelty inflicted upon the husband or father.

-prepared by Shivam Thaker of NewsGram. Twitter: @Shivam_Thaker

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Aadhaar Helpline Mystery: French Security Expert Tweets of doing a Full Disclosure Tomorrow about Code of the Google SetUP Wizard App

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Google to charge $40 per device to Android makers. Wikimedia Commons

Google’s admission that it had in 2014 inadvertently coded the 112 distress number and the UIDAI helpline number into its setup wizard for Android devices triggered another controversy on Saturday as India’s telecom regulator had only recommended the use of 112 as an emergency number in April 2015.

After a large section of smartphone users in India saw a toll-free helpline number of UIDAI saved in their phone-books by default, Google issued a statement, saying its “internal review revealed that in 2014, the then UIDAI helpline number and the 112 distress helpline number were inadvertently coded into the SetUp wizard of the Android release given to OEMs for use in India and has remained there since”.

Aadhaar Helpline Number Mystery: French security expert tweets of doing a full disclosure tomorrow about Code of the Google SetUP Wizard App, Image: Wikimedia Commons.

However, the Telecom Regulatory Authority of India (TRAI) recommended only in April 2015 that the number 112 be adopted as the single emergency number for the country.

According to Google, “since the numbers get listed on a user’s contact list, these get  transferred accordingly to the contacts on any new device”.

Google was yet to comment on the new development.

Meanwhile, French security expert that goes by the name of Elliot Alderson and has been at the core of the entire Aadhaar controversy, tweeted on Saturday: “I just found something interesting. I will probably do full disclosure tomorrow”.

“I’m digging into the code of the @Google SetupWizard app and I found that”.

“As far as I can see this object is not used in the current code, so there is no implications. This is just a poor coding practice in term of security,” he further tweeted.

On Friday, both the Unique Identification Authority of India (UIDAI) as well as the telecom operators washed their hand of the issue.

While the telecom industry denied any role in the strange incident, the UIDAI said that he strange incident, the UIDAI said that some vested interests were trying to create “unwarranted confusion” in the public and clarified that it had not asked any manufacturer or telecom service provider to provide any such facility.

Twitter was abuzz with the new development after a huge uproar due to Telecom Regulatory Authority of India (TRAI) Chairman R.S. Sharma’s open Aadhaar challenge to critics and hackers.

Ethical hackers exposed at least 14 personal details of the TRAI Chairman, including mobile numbers, home address, date of birth, PAN number and voter ID among others. (IANS)

Also Read: Why India Is Still Nowhere Near Securing Its Citizens’ Data?