Wednesday, August 25, 2010

Can't say husband impotent without proof: Guj HC

Can't say husband impotent without proof: Guj HC

Ahmedabad, August 25:  Gujarat High court hearing a divorce case has rejected the family court ruling granting divorce to a couple on the ground of impotency.

However, the high court upheld the family court order of divorce between the same couple on grounds of desertion and cruelty.

One Rajendra Dalal had challenged a family court's order granting divorce to his wife Dharmishta on the ground of impotency and cruelty, in the Gujarat High Court.

A division bench of Justice Jayant Patel and Abhilasha Kumari, last week, rejected the man's appeal, saying that the petition was devoid of merits.

The court, however, observed that there was no conclusive evidence to prove that the man was impotent or the marriage was not consummated. "The finding of the Family Court on this point, therefore, cannot be endorsed," it observed.

It said that the decree of dissolution of marriage has been passed by the Family Court under the provisions of Section 13(1) of the Hindu Marriage Act, on the ground of cruelty and desertion and not under Section 12 (impotency).

Also, the Family Court, while granting divorce had recorded cogent findings on the ground of desertion and cruelty against the man, the court added.

(with PTI inputs)

http://www.zopag.com/news/cant-say-husband-impotent-without-proof-guj-hc/25786.html

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HC: Can’t say husband impotent without proof

Ahmedabad, August 25, PTI:

The Gujarat High Court has observed that specific medical proof was required to determine whether a husband was impotent or his marriage cannot be consummated when a wife seeks divorce on this count.

A division bench of the HC comprising Justices Jayant Patel and Abhilasha Kumari has set aside the grounds for a verdict passed by a family court vis-à-vis a divorce petition. In the case involving an earthquake victim husband and his wife, the family court had granted divorce on the grounds of impotency and consequent ‘cruelty’.


Rejecting a family court ruling that granted divorce to a couple on the ground of impotency, the HC, however, upheld the family court order of divorce between the same couple on grounds of desertion and cruelty. Rajendra Dalal had challenged the family court’s order granting divorce to his wife Dharmishta on the ground of impotency and cruelty. It said the decree of dissolution of marriage has been passed by the family court under provisions of Section 13(1) of the Hindu Marriage Act, on ground of cruelty and desertion and not under Section 12 (impotency).

http://www.deccanherald.com/content/91446/hc-cant-say-husband-impotent.html

Non-MBBS docs process claims 80% Of Those Screening Medical Papers Have Ayurveda Or Homoeopathy Degrees

Non-MBBS docs process claims 80% Of Those Screening Medical Papers Have Ayurveda Or Homoeopathy Degrees

Sumitra Deb Roy | TNN


    The spat between the medical fraternity and public sector insurance companies over the cashless health facility and standardized rate card prepared by the General Insurance Public Sector Association (Gipsa) has seen many skeletons tumble out of the proverbial cupboard. But the one that has got everyone sitting up and taking notice is that aside from a small panel of MBBS graduates and doctors, most of the Third Party Administrators (TPAs) who process consumers’ claims for insurance companies are ayurveda and homoeopathy graduates who have no background in allopathy. When in doubt the internet comes to their rescue, enlightening them on medical facts.
    Calls to several TPAs have confirmed that the first level of screening of a patient’s medical papers—giving information on diagnosis, treatment and hospitalisation—is carried out by doctors who do not have an MBBS degree. A senior TPA official put the percentage to anything between 85-90%. “Ayurveda and homoeopathy graduates form up to 90% of doctors scrutinizing papers in most of the TPA offices,’’ he said.
    A medical officer from Medi Assist TPA said that of the 30-odd doctors examining medical papers in his organisation, around 25 are from nonallopathic backgrounds. “We do have a panel of senior allopathic doctors who look into major surgeries,’’ said the doctor. A medical officer from Paramount TPA said none of the graduates are specially trained to scrutinise surgeries. “A bit of modern medicine and surgery is also taught to us during our course. That comes handy here,’’ he said, admitting that many of them use the internet to crack tough medical terms.
    Designated as medical officers, recent graduates who have completed a Bachelor of Ayurvedic Medicine and Surgery (BAMS) or Bachelor of Homoeopathic Medicine and Surgery (BHMS) see this as a promising career option. TPAs argue that no MBBS graduate is willing to work for an annual pay of Rs 2-3 lakh.
    Spokesperson for TPA Association S K Mahapatra said: “For any MBBS doctor, this job will not be the first preference. Ayurveda and homoeopathy doctors have been clearing claims for years without a hitch. More than 18 lakh claims are settled
    by these doctors annually,
    including 350 cashless procedures every day. There is no reason to doubt their proficiency.’’ Many of the top positions are occupied by BAMS and BHMS graduates. “We have learned over years of experience,’’ said an assistant general manager of a Delhi-based TPA who has an ayurvedic background. “More than 90% of the claims are simple surgeries. For the rest we have a special panel of senior MBBS doctors.’’

Changes in the dowry law ( IPC 498a ) will shut out frivolous complaints – commoners’ viewpoint

Changes in the dowry law will shut out frivolous complaints

The Supreme Court’s decision to ask the government to reconsider the anti-dowry law — Section 498A of the Indian Penal Code — is welcome (Change dowry law: SC to govt, August 15). It is well-known that most dowry-related

accusations invariably lead to the imprisoning of the husband and his relatives. The draconian law does not have any space for judicial inquiry and relies solely on complaints. It should be withdrawn. There is an urgent need to re-examine other anti-dowry laws too, which are no better. At the same time, one wonders why courts do not put women complainants in jail for fraudulent cases that are filed only to harass husbands. There have been several instances when women have filed the cases, made their husbands and relatives appear before the courts and then have either failed to pursue them or withdrawn the cases later. Imagine the mental and physical torture that husbands have been made to undergo! Why can’t the courts jail the complainants for misleading the police, the judiciary and people?

Devinder Sharma, via email

 

http://www.hindustantimes.com/rssfeed/lettertoeditor/Changes-in-the-dowry-law-will-shut-out-frivolous-complaints/Article1-590871.aspx