'Divorce epidemic due to sex-starved marriages

'Divorce epidemic due to sex-starved marriages

NEW DELHI: Sex-starved marriages leading to divorce are becoming an "epidemic", the Delhi high court has observed, while granting divorce to a husband, maintaining that denial of sex by his wife amounted to mental cruelty.
The man argued that in the five months he and his wife stayed as a couple after marriage, they had sex only 10-15 times. Dismissing the wife's plea against divorce, Justice Kailash Gambhir noted in his order earlier this week: "Although it is difficult to exactly lay down as to how many times any healthy couple should have sexual intercourse in a particular period of time as it is not a mechanical but a mutual act, there cannot be any two ways about the fact that marriage without sex will be an insipid relation."

According to case records, the couple married in February 1991 but the wife left five months later.
The Delhi high court has granted divorce to a husband, maintaining that denial of sex by his wife amounted to mental cruelty.
The court was hearing her appeal against the decision of a lower court to grant divorce to the husband. Denying her husband's charges, she sought the marriage to be restituted.
The man, however, claimed that she had refused to have sex with him on the wedding night and was thereafter unresponsive; she "was like deadwood when he had sexual intercourse with her". Dismissing the wife's plea, Justice Gambhir stressed the importance of a healthy sexual relationship between a normal couple, though there may be exceptions.
"The sanctity of sexual relationship and its role in re-invigorating the bond of marriage is getting diluted and as a consequence more and more couples are seeking divorce due to sexual incompatibility and absence of sexual satisfaction," Gambhir said. "That 'the twain shall become one flesh, so that they are no more twain but one'...(is the) real purpose of marriage ."
The court also took into account the wife's refusal to participate in traditional ceremonies and quarrels with her in-laws. The husband had also accused her of trying to steal jewellery from her mother-in-law. The fact that she slapped a dowry harassment in the Crime Against Women Cell only case to later unconditionally withdraw it, also raised HC's suspicions that her denials were baseless.
While acknowledging that "what happens in the four walls of the matrimonial home and what goes inside the bed room of a couple is either known to them or at the most members of the family", Justice Gambhir found the testimony of the husband more creditworthy because his father seconded it while the wife failed to provide any evidence in her favour.
http://articles.timesofindia.indiatimes.com/2012-03-25/india/31236372_1_grant-divorce-mental-cruelty-marriage 

Women using rape laws for vengeance, Delhi high court says

Women using rape laws for vengeance, Delhi high court says

NEW DELHI: For the third time in less than a week, the Delhi high court has decried that rape laws are often misused by women.
Flagging the issue in a judgment on Saturday, Justice Kailash Gambhir said rape cases are being used as "a weapon for vengeance and vendetta" to harass and even force a boy to marry.

While granting anticipatory bail to a man facing rape charges from a woman claiming to be his wife, HC added that in many cases woman first has consensual sex but later files rape case against her boyfriend when the relationship breaks up in order to force him to get married, making not only "mockery" of the marriage but also inflating the statistics of rape cases.
"Many of the cases are being reported by those women who have consensual physical relationship with a man but when the relationship breaks due to one reason or the other, the women use the law as a weapon for vengeance and personal vendetta to extort money and sometimes even to force the boy to get married to her," HC said advocating extreme caution to judges who should "cautiously examine the intentions of the girl to find out whether the rape complaint is genuine or has malafide motives".
Earlier this week, Justice G P Mittal and Justice Suresh Kait in separate judgments quashed FIR's relating to rape of a minor and gang-rape of a private executive respectively, after they found too many discrepancies or contradictions in victims' statements. The common theme in all three judgments was the advice to courts not to get swayed by mere allegations of rape, howsoever heinous, but sift through evidence before convicting anyone.
Justice Gambhir, while dealing with the anticipatory bail plea pointed out that for a period of more than two years, the woman enjoyed physical intimacy with the boy. She lodged an FIR alleging rape only when he spurned her offer of marriage when she took help of the police to forcibly marry him even though the marriage was never consummated, as per the FIR.
In her complaint, she justified the delay on the grounds she was threatened and blackmailed by the boy and his kin to keep quiet otherwise she might have been killed. Being the victim of such a reprehensible crime, one should lodge a complaint immediately, or within a reasonable period of time unless there are sufficient reasons to explain the long delay, the court said.
"Delay in lodging an FIR, in such like cases can ultimately diminish the chances of conviction, as due to such delay, the medical evidence and the other circumstantial evidence may rarely be available to support the case of prosecution," it said.
While acknowledging there is a manifold increase in the crime concerning rapes, HC said all the rape cases which are filed have their "own individual story and factual matrix". It agreed most of the cases may be genuine, wherein the girl is a victim of the horrifying crime, or has been forced, blackmailed, threatened to enter into physical relationship with a male on the false pretext of marriage with the sole intent to physically exploit the girl "but there may be cases where both persons out of their own will and choice, develop a physical relationship". 

http://articles.timesofindia.indiatimes.com/2013-05-26/india/39538054_1_justice-g-p-mittal 

Woman accuses cops of inaction in dowry case

Woman accuses cops of inaction in dowry case

CHANDIGARH: A resident of Punjab has accused Chandigarh police of inaction in a dowry complaint filed by her against her husband and mother-in-law. Anu Bhandari of Phagwara had filed a complaint with the women and child protection unit of Chandigarh police on April 8 this year. She has alleged that the UT cops finally lodged an FIR on May 22.
The complainant"s husband Pradip Bhandari, a lawyer and a resident of Sector 18, has been booked under sections 406 (criminal breach of trust) and 498 A (subjecting wife to cruelty) of the IPC.
 
"Police is not interested in expeditiously investigating the case and seems to be under the influence of the status of my father-in-law Justice (retd) K P Bhandari. I have no problem with my father-in-law or any other relatives on my in-laws side. However, my husband and mother-in-law Prabha Bhandari have been harassing me for the past many years for dowry. Police have not mentioned my mother-in-laws name in the FIR," Anu said at a press conference here on Saturday.
Anu married Pradip in 1997 and from the last two years she is living separately. The couple has a teenaged daughter and a five-year-old son.
"I have met all senior officials, but the investigating officer is not taking any action. Whenever I contact him, he asks me to bring more documents and evidence. All my belongings are at my husband"s house. By delaying his arrest, police is giving him time to remove all evidences," she added.
Harbhajan Singh, investigating officer in the case, said, "We are not under any influence. An arrest would be made once preliminary probe is complete and there is sufficient evidence against the accused."

http://articles.timesofindia.indiatimes.com/2013-05-26/chandigarh/39537383_1_dowry-case-dowry-complaint-ut-cops 

Man gets three-year jail for adultery, trashes rape charge

Man gets three-year jail for adultery, trashes rape charge 

A Delhi court has sentenced a 42-year-old man to three years in jail for extra-marital relation with his landlord's wife. Additional Sessions Judge T R Naval, however, acquitted Kamal Kapoor and his wife of the charges of rape and extortion saying that physical relation was established with the woman's consent and a child was born of the illicit relation. Kapoor, a resident of Delhi's Sonia Vihar, was a tenant at the house of the 25-year-old woman who had lodged a rape and extortion case against him and his wife in January, 2010.
The woman had alleged that in November 2006, Kapoor and his wife had given her sedative-laced sweet that rendered her unconscious.
She also alleged that when she regained consciousness, she realised that she was raped by Kapoor who threatened her not to raise an alarm else he would make public a video which he had made while committing the crime.
Kapoor then started to have physical relation forcibly and later she became pregnant with his child, the woman said.
The couple then started blackmailing and demanding money and a portion of her land after she gave birth to the child, she alleged. Unable to meet their extortion demands, the woman approached the police.
During the trial, Kapoor told the court that it was the woman who had asked to establish physical relation with her as her husband was impotent. He also said he had tried to convince the woman not to indulge in extra-marital affair but she insisted on and it was consensual from both sides.
He also alleged when his wife came to know about their relation, she asked him not to accede to the woman's request in future and thereafter, the woman lodged a false rape case against them.
The court noted that the woman, in her cross-examination, accepted that her husband used to beat her and threatened to throw her out of the house if she did not conceive.
- See more at: http://www.indianexpress.com/news/man-gets-threeyear-jail-for-adultery-/trashes-rape-charge/1119705/0#sthash.mThs7Wnp.dpuf

A Delhi court has sentenced a 42-year-old man to three years in jail for extra-marital relation with his landlord's wife. Additional Sessions Judge T R Naval, however, acquitted Kamal Kapoor and his wife of the charges of rape and extortion saying that physical relation was established with the woman's consent and a child was born of the illicit relation. Kapoor, a resident of Delhi's Sonia Vihar, was a tenant at the house of the 25-year-old woman who had lodged a rape and extortion case against him and his wife in January, 2010.
The woman had alleged that in November 2006, Kapoor and his wife had given her sedative-laced sweet that rendered her unconscious.
She also alleged that when she regained consciousness, she realised that she was raped by Kapoor who threatened her not to raise an alarm else he would make public a video which he had made while committing the crime.
Kapoor then started to have physical relation forcibly and later she became pregnant with his child, the woman said.
The couple then started blackmailing and demanding money and a portion of her land after she gave birth to the child, she alleged. Unable to meet their extortion demands, the woman approached the police.
During the trial, Kapoor told the court that it was the woman who had asked to establish physical relation with her as her husband was impotent. He also said he had tried to convince the woman not to indulge in extra-marital affair but she insisted on and it was consensual from both sides.
He also alleged when his wife came to know about their relation, she asked him not to accede to the woman's request in future and thereafter, the woman lodged a false rape case against them.
The court noted that the woman, in her cross-examination, accepted that her husband used to beat her and threatened to throw her out of the house if she did not conceive.
- See more at: http://www.indianexpress.com/news/man-gets-threeyear-jail-for-adultery-/trashes-rape-charge/1119705/0#sthash.mThs7Wnp.dpuf

 A Delhi court has sentenced a 42-year-old man to three years in jail for extra-marital relation with his landlord's wife. Additional Sessions Judge T R Naval, however, acquitted Kamal Kapoor and his wife of the charges of rape and extortion saying that physical relation was established with the woman's consent and a child was born of the illicit relation.

Kapoor, a resident of Delhi's Sonia Vihar, was a tenant at the house of the 25-year-old woman who had lodged a rape and extortion case against him and his wife in January, 2010.

The woman had alleged that in November 2006, Kapoor and his wife had given her sedative-laced sweet that rendered her unconscious.

She also alleged that when she regained consciousness, she realised that she was raped by Kapoor who threatened her not to raise an alarm else he would make public a video which he had made while committing the crime.

Kapoor then started to have physical relation forcibly and later she became pregnant with his child, the woman said.

The couple then started blackmailing and demanding money and a portion of her land after she gave birth to the child, she alleged. Unable to meet their extortion demands, the woman approached the police.

During the trial, Kapoor told the court that it was the woman who had asked to establish physical relation with her as her husband was impotent. He also said he had tried to convince the woman not to indulge in extra-marital affair but she insisted on and it was consensual from both sides.

He also alleged when his wife came to know about their relation, she asked him not to accede to the woman's request in future and thereafter, the woman lodged a false rape case against them.

The court noted that the woman, in her cross-examination, accepted that her husband used to beat her and threatened to throw her out of the house if she did not conceive.
- See more at: http://www.indianexpress.com/news/man-gets-threeyear-jail-for-adultery-/trashes-rape-charge/1119705/0#sthash.mThs7Wnp.dpuf

A Delhi court has sentenced a 42-year-old man to three years in jail for extra-marital relation with his landlord's wife. Additional Sessions Judge T R Naval, however, acquitted Kamal Kapoor and his wife of the charges of rape and extortion saying that physical relation was established with the woman's consent and a child was born of the illicit relation. Kapoor, a resident of Delhi's Sonia Vihar, was a tenant at the house of the 25-year-old woman who had lodged a rape and extortion case against him and his wife in January, 2010.
The woman had alleged that in November 2006, Kapoor and his wife had given her sedative-laced sweet that rendered her unconscious.
She also alleged that when she regained consciousness, she realised that she was raped by Kapoor who threatened her not to raise an alarm else he would make public a video which he had made while committing the crime.
Kapoor then started to have physical relation forcibly and later she became pregnant with his child, the woman said.
The couple then started blackmailing and demanding money and a portion of her land after she gave birth to the child, she alleged. Unable to meet their extortion demands, the woman approached the police.
During the trial, Kapoor told the court that it was the woman who had asked to establish physical relation with her as her husband was impotent. He also said he had tried to convince the woman not to indulge in extra-marital affair but she insisted on and it was consensual from both sides.
He also alleged when his wife came to know about their relation, she asked him not to accede to the woman's request in future and thereafter, the woman lodged a false rape case against them.
The court noted that the woman, in her cross-examination, accepted that her husband used to beat her and threatened to throw her out of the house if she did not conceive.
- See more at: http://www.indianexpress.com/news/man-gets-threeyear-jail-for-adultery-/trashes-rape-charge/1119705/0#sthash.mThs7Wnp.dpuf

A Delhi court has sentenced a 42-year-old man to three years in jail for extra-marital relation with his landlord's wife. Additional Sessions Judge T R Naval, however, acquitted Kamal Kapoor and his wife of the charges of rape and extortion saying that physical relation was established with the woman's consent and a child was born of the illicit relation. Kapoor, a resident of Delhi's Sonia Vihar, was a tenant at the house of the 25-year-old woman who had lodged a rape and extortion case against him and his wife in January, 2010.
The woman had alleged that in November 2006, Kapoor and his wife had given her sedative-laced sweet that rendered her unconscious.
She also alleged that when she regained consciousness, she realised that she was raped by Kapoor who threatened her not to raise an alarm else he would make public a video which he had made while committing the crime.
Kapoor then started to have physical relation forcibly and later she became pregnant with his child, the woman said.
The couple then started blackmailing and demanding money and a portion of her land after she gave birth to the child, she alleged. Unable to meet their extortion demands, the woman approached the police.
During the trial, Kapoor told the court that it was the woman who had asked to establish physical relation with her as her husband was impotent. He also said he had tried to convince the woman not to indulge in extra-marital affair but she insisted on and it was consensual from both sides.
He also alleged when his wife came to know about their relation, she asked him not to accede to the woman's request in future and thereafter, the woman lodged a false rape case against them.
The court noted that the woman, in her cross-examination, accepted that her husband used to beat her and threatened to throw her out of the house if she did not conceive.
- See more at: http://www.indianexpress.com/news/man-gets-threeyear-jail-for-adultery-/trashes-rape-charge/1119705/0#sthash.mThs7Wnp.dpuf

A Delhi court has sentenced a 42-year-old man to three years in jail for extra-marital relation with his landlord's wife. Additional Sessions Judge T R Naval, however, acquitted Kamal Kapoor and his wife of the charges of rape and extortion saying that physical relation was established with the woman's consent and a child was born of the illicit relation. Kapoor, a resident of Delhi's Sonia Vihar, was a tenant at the house of the 25-year-old woman who had lodged a rape and extortion case against him and his wife in January, 2010.
The woman had alleged that in November 2006, Kapoor and his wife had given her sedative-laced sweet that rendered her unconscious.
She also alleged that when she regained consciousness, she realised that she was raped by Kapoor who threatened her not to raise an alarm else he would make public a video which he had made while committing the crime.
Kapoor then started to have physical relation forcibly and later she became pregnant with his child, the woman said.
The couple then started blackmailing and demanding money and a portion of her land after she gave birth to the child, she alleged. Unable to meet their extortion demands, the woman approached the police.
During the trial, Kapoor told the court that it was the woman who had asked to establish physical relation with her as her husband was impotent. He also said he had tried to convince the woman not to indulge in extra-marital affair but she insisted on and it was consensual from both sides.
He also alleged when his wife came to know about their relation, she asked him not to accede to the woman's request in future and thereafter, the woman lodged a false rape case against them.
The court noted that the woman, in her cross-examination, accepted that her husband used to beat her and threatened to throw her out of the house if she did not conceive.
- See more at: http://www.indianexpress.com/news/man-gets-threeyear-jail-for-adultery-/trashes-rape-charge/1119705/0#sthash.mThs7Wnp.dpuf

A Delhi court has sentenced a 42-year-old man to three years in jail for extra-marital relation with his landlord's wife. Additional Sessions Judge T R Naval, however, acquitted Kamal Kapoor and his wife of the charges of rape and extortion saying that physical relation was established with the woman's consent and a child was born of the illicit relation. Kapoor, a resident of Delhi's Sonia Vihar, was a tenant at the house of the 25-year-old woman who had lodged a rape and extortion case against him and his wife in January, 2010.
The woman had alleged that in November 2006, Kapoor and his wife had given her sedative-laced sweet that rendered her unconscious.
She also alleged that when she regained consciousness, she realised that she was raped by Kapoor who threatened her not to raise an alarm else he would make public a video which he had made while committing the crime.
Kapoor then started to have physical relation forcibly and later she became pregnant with his child, the woman said.
The couple then started blackmailing and demanding money and a portion of her land after she gave birth to the child, she alleged. Unable to meet their extortion demands, the woman approached the police.
During the trial, Kapoor told the court that it was the woman who had asked to establish physical relation with her as her husband was impotent. He also said he had tried to convince the woman not to indulge in extra-marital affair but she insisted on and it was consensual from both sides.
He also alleged when his wife came to know about their relation, she asked him not to accede to the woman's request in future and thereafter, the woman lodged a false rape case against them.
The court noted that the woman, in her cross-examination, accepted that her husband used to beat her and threatened to throw her out of the house if she did not conceive.
- See more at: http://www.indianexpress.com/news/man-gets-threeyear-jail-for-adultery-/trashes-rape-charge/1119705/0#sthash.mThs7Wnp.dpuf

A Delhi court has sentenced a 42-year-old man to three years in jail for extra-marital relation with his landlord's wife. Additional Sessions Judge T R Naval, however, acquitted Kamal Kapoor and his wife of the charges of rape and extortion saying that physical relation was established with the woman's consent and a child was born of the illicit relation. Kapoor, a resident of Delhi's Sonia Vihar, was a tenant at the house of the 25-year-old woman who had lodged a rape and extortion case against him and his wife in January, 2010.
The woman had alleged that in November 2006, Kapoor and his wife had given her sedative-laced sweet that rendered her unconscious.
She also alleged that when she regained consciousness, she realised that she was raped by Kapoor who threatened her not to raise an alarm else he would make public a video which he had made while committing the crime.
Kapoor then started to have physical relation forcibly and later she became pregnant with his child, the woman said.
The couple then started blackmailing and demanding money and a portion of her land after she gave birth to the child, she alleged. Unable to meet their extortion demands, the woman approached the police.
During the trial, Kapoor told the court that it was the woman who had asked to establish physical relation with her as her husband was impotent. He also said he had tried to convince the woman not to indulge in extra-marital affair but she insisted on and it was consensual from both sides.
He also alleged when his wife came to know about their relation, she asked him not to accede to the woman's request in future and thereafter, the woman lodged a false rape case against them.
The court noted that the woman, in her cross-examination, accepted that her husband used to beat her and threatened to throw her out of the house if she did not conceive.
- See more at: http://www.indianexpress.com/news/man-gets-threeyear-jail-for-adultery-/trashes-rape-charge/1119705/0#sthash.mThs7Wnp.dpuf

A Delhi court has sentenced a 42-year-old man to three years in jail for extra-marital relation with his landlord's wife. Additional Sessions Judge T R Naval, however, acquitted Kamal Kapoor and his wife of the charges of rape and extortion saying that physical relation was established with the woman's consent and a child was born of the illicit relation. Kapoor, a resident of Delhi's Sonia Vihar, was a tenant at the house of the 25-year-old woman who had lodged a rape and extortion case against him and his wife in January, 2010.
The woman had alleged that in November 2006, Kapoor and his wife had given her sedative-laced sweet that rendered her unconscious.
She also alleged that when she regained consciousness, she realised that she was raped by Kapoor who threatened her not to raise an alarm else he would make public a video which he had made while committing the crime.
Kapoor then started to have physical relation forcibly and later she became pregnant with his child, the woman said.
The couple then started blackmailing and demanding money and a portion of her land after she gave birth to the child, she alleged. Unable to meet their extortion demands, the woman approached the police.
During the trial, Kapoor told the court that it was the woman who had asked to establish physical relation with her as her husband was impotent. He also said he had tried to convince the woman not to indulge in extra-marital affair but she insisted on and it was consensual from both sides.
He also alleged when his wife came to know about their relation, she asked him not to accede to the woman's request in future and thereafter, the woman lodged a false rape case against them.
The court noted that the woman, in her cross-examination, accepted that her husband used to beat her and threatened to throw her out of the house if she did not conceive.
- See more at: http://www.indianexpress.com/news/man-gets-threeyear-jail-for-adultery-/trashes-rape-charge/1119705/0#sthash.mThs7Wnp.dpuf

A Delhi court has sentenced a 42-year-old man to three years in jail for extra-marital relation with his landlord's wife. Additional Sessions Judge T R Naval, however, acquitted Kamal Kapoor and his wife of the charges of rape and extortion saying that physical relation was established with the woman's consent and a child was born of the illicit relation. Kapoor, a resident of Delhi's Sonia Vihar, was a tenant at the house of the 25-year-old woman who had lodged a rape and extortion case against him and his wife in January, 2010.
The woman had alleged that in November 2006, Kapoor and his wife had given her sedative-laced sweet that rendered her unconscious.
She also alleged that when she regained consciousness, she realised that she was raped by Kapoor who threatened her not to raise an alarm else he would make public a video which he had made while committing the crime.
Kapoor then started to have physical relation forcibly and later she became pregnant with his child, the woman said.
The couple then started blackmailing and demanding money and a portion of her land after she gave birth to the child, she alleged. Unable to meet their extortion demands, the woman approached the police.
During the trial, Kapoor told the court that it was the woman who had asked to establish physical relation with her as her husband was impotent. He also said he had tried to convince the woman not to indulge in extra-marital affair but she insisted on and it was consensual from both sides.
He also alleged when his wife came to know about their relation, she asked him not to accede to the woman's request in future and thereafter, the woman lodged a false rape case against them.
The court noted that the woman, in her cross-examination, accepted that her husband used to beat her and threatened to throw her out of the house if she did not conceive.
- See more at: http://www.indianexpress.com/news/man-gets-threeyear-jail-for-adultery-/trashes-rape-charge/1119705/0#sthash.mThs7Wnp.dpuf

Women misuse rape law to force lovers to marry them: Delhi High Court

Women misuse rape law to force lovers to marry them: Delhi High Court

http://ibnlive.in.com/news/women-misuse-rape-law-to-force-lovers-to-marry-them-delhi-high-court/393929-3.html

New Delhi: Penal provisions on rape have been misused by some women who develop consensual physical relationship with their lovers and after the breakup file false rape cases to force them to marry them, the Delhi High Court has said. Justice Kailash Gambhir said rape law was often misused by women as weapon for "vengeance and vendetta" to harass and blackmail their male friends by filing false cases to extort money and to force them to marry them.
"Many of the cases are being reported by those women who have consensual physical relationship with a man but when the relationship breaks due to one reason or the other, the women use the law as a weapon for vengeance and personal vendetta to extort money and sometimes even to force the boy to get married to them," the court said in a recent order.
"Out of anger and frustration, they tend to convert such consensual sex as an incident of rape, defeating the very purpose of the provision," Justice Gambhir said, while hearing a case related to a woman's complaint against her lover in Rani Bagh area on July 13, 2012.

The rape complaint was filed against Rohit Chauhan, who was allegedly in a relationship with the woman for three years. The court said that in many cases the woman first agrees to have consensual sex but she files a rape case against her boyfriend when the relationship breaks up in order to "force him to get married, making not only mockery of the marriage but also inflate the statistics of rape cases".
A trial court must cautiously examine the intentions of a complainant girl to find out whether the rape allegation was genuine or had malafide motives. "There is a clear demarcation between rape and consensual sex and in cases where such controversies are involved, the court must very cautiously examine the intentions of both the individuals involved and to check if even the girl, on the other hand, is genuine or had malafide motives."
"Cases like these not only make a mockery of the sacred institution of marriage but also inflate the statistics of rape cases which further deprecates our own society," the court said.

 Judgement can be found on : http://lobis.nic.in/dhc/KG/judgement/25-05-2013/KG22052013BA3112013.pdf