Kerala HC bans bursting of crackers at odd hours in religious places
Kochi, Nov 3: No crackers shall be burst in religious places at odd times as there are no commandments in any of the holy books that mandate the bursting of crackers to please God, the Kerala High Court said on Friday.
Banning the use of crackers, Justice Amit Rawal directed the police chiefs of all districts of the state to conduct raids at religious places and seize the "illegally stored crackers."
Justice Rawal, in his order said, the violation of the court order will initiate contempt proceedings.
"I thus direct the Deputy Collector with the Assistance of the Commissioner of Police, Cochin and other districts, to conduct raids in all religious places and take into possession of the crackers illegally stored in all religious places and issue instructions that henceforth onwards no crackers shall be burst in religious places at odd times as prima facie there is no commandment in any of the holy book to burst crackers for pleasing the God," the order read.
The petitioners have sought the intervention of the court for preventing the bursting of the crackers in all the religious places situated in Kerala.
"This fact is not denied by the learned counsel representing the respondents as well as the fact that even this court had also heard the noise of the crackers even after midnight," the court said.
The petitioners contended that explosive licences are being issued by the District Collector under Explosive Rules and many of the temple holders, except few, are not having any licences.
The court directed the state government to submit a report on the matter and posted it for further hearing on November 24.
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Married person cannot enter into live-in relationship without obtaining divorce: Allahabad HC
Prayagraj (UP) (PTI): The Allahabad High Court has ruled that a married person cannot legally enter into a live-in relationship with a third party without first obtaining a decree of divorce.
With this observation, the court dismissed a writ petition seeking protection filed by a couple in a live-in relationship.
Justice Vivek Kumar Singh observed that the freedom of personal liberty is not absolute and cannot infringe upon the statutory rights of an existing spouse.
The petitioners had approached the court with a prayer that both petitioners are major and living together as husband and wife and they have apprehension of a life threat from the respondent.
On the other hand, the state counsel opposed the prayer made by the petitioners and submitted that the act of the petitioners is illegal as petitioner no. 1 is already married to one Dinesh Kumar and has not obtained a decree of divorce.
The court observed in its judgment on Tuesday, "No one has the right to interfere in the personal liberty of the two adults, not even the parents of two adults can interfere in their relationship, but the Right to Freedom or Right to Personal Liberty is not absolute or unfettered: it is qualified by some restrictions also. The freedom of one person extincts where the statutory right of another person starts."
A spouse has the statutory right to enjoy the company of his or her counterpart and he/she cannot be deprived of that right for the sake of personal liberty and no such protection can be granted to infringe statutory right of the other spouse, the court said, adding hence, the freedom of one person cannot encroach or overweigh the legal right of another person.
"If the petitioners are already married and have their spouse alive, he/she cannot be legally permitted to enter into a live-in relationship with a third person without seeking divorce from the earlier spouse," the court said.
With the above observation, the court said that it is not inclined to issue any writ, order or direction in the nature of mandamus for protection to the petitioners who are in a live-in relationship without obtaining a decree of divorce from a competent court.
