Woman can’t charge a man with rape after getting pregnant during their love affair, says Bombay HC

Woman can’t charge a man with rape after getting pregnant during their love affair, says Bombay HC 


Mumbai: The Bombay high court said on Thursday that an ‘affair gone bad’ cannot be the ground for accusing a man for rape. Justice Sadhna Jadhav acquitted Borivali resident Manesh Kotiyan of rape charges three years after his arrest.

Justice Jadhav said, “The very fact that the prosecution has admitted in the cross-examination that she had a love affair with the accused and she desired to marry him. In these circumstances, offence under Section 376 of the IPC (rape) would necessarily fail.” She ruled that the rape charges against Kotiyan were ‘unsustainable’.

While acquitting a rape accused Manesh Kotiyan, the HC noted, “She had not cried for help and had not taken her resistance to a logical end. Hence, it would not be justifiable to hold that the consent was obtained by intimidation, force meditated imposition, circumvention surprise or undue influence.” "The complainant is an educated adult person," said the judge. "She was fully aware of the fact that he (Kotiyan) was attracted to her. She chose to accompany him to Gorai. She also checked into a hotel to celebrate his birthday. She was aware of the consequences," said the judge.

However, the court upheld Kotiyan's conviction on charges of cheating as he did not disclose to the victim that he was married and had children. Lawyer, who was appointed to defend Kotiyan, Arfan Sait said there was no evidence that the accused raped her, adding that they had always intend to marry her.

It may be recalled that the victim girl, who was four months pregnant, lodged a case of rape against Kotiyan in March 2010. The two had met when they were working at a stationery shop in Borivli.

According to the prosecution, they had gone to Gorai to celebrate Kotiyan's birthday in November 2009, where he forced her into having sexual intercourse.

In 2012, a sessions court held Kotiyan guilty of rape and sentenced him to seven years rigorous imprisonment.

http://daily.bhaskar.com/article/MAH-MUM-kotiyan-rape-case-woman-cant-charge-a-man-with-rape-after-getting-pregnant-durin-4318194-NOR.html

'Draconian' amendment in Hindu Marriage Act gives wives final say in divorce cases; men's rights groups not amused

'Draconian' amendment in Hindu Marriage Act gives wives final say in divorce cases; men's rights groups not amused 

Pune: Upset over the latest amendments in the Hindu Marriage Act which virtually give wives a final say in divorce 

 

cases, Men’s Rights Association (MRA) on Saturday staged a protest against the legislation which they term as 'draconian'.

 

"The bill has a provision giving power to the courts to not grant a divorce unless the wife was paid adequate amount of 

 

money in the name of financial security of the woman. Such powers may result in harassment of men," MRA president Atit Rajpara said.

 

He also said the bill also provides special powers to wives to oppose the divorce if she was unhappy with the money she received from the husband under section IPC 498 (A), domestic violence act and several other maintenance laws.

 

According to the MRA, such clauses are outright anti-male and gender-biased and therefore men’s rights activists and organisations are opposing them. Rajpara said the mens’ rights organisations want the bill to be gender-neutral.

 

http://daily.bhaskar.com/article/MAH-PUN-draconian-amendment-in-hindu-marriage-act-giving-wives-a-final-say-in-divorce-ir-4306641-NOR.html 

Men's rights activists oppose amendment to marriage law

Men's rights activists oppose amendment to marriage law


NAGPUR: Men's rights activists from all across the country are calling on the society to oppose the Marriage Laws (Amendment) Bill, 2010. Calling the proposed bill as an anti-male and anti-marriage entity, the men have opposed discussion of the bill in the ongoing monsoon session of Parliament as they feel not enough discussion have been done while formulating the bill. The activists insist that the bill, which gives divorced women an equal stake in the husband's ancestral property, will result in several damaging results, with men being scared of marrying. They also say that it gives the women an unfair advantage. The activists have even declared that not only will they not vote for any member of Parliament who votes in favour of the bill, they would also actively lobby against all such MPs.

"Most men do not marry until they are well settled in life and have a house of their own. For that, they toil day in and day out in order to eke out a living worthy to possess a property. And tomorrow, with the passage of this law, if a man tends to lose his hard-earned property, then men and their families would see no reason for marriage," said city-based men's right activist Rajesh Vakharia. He also said that such laws will only promote the concept of divorce and open the doors of unfair use of laws by women. "Such laws only feed fuel to the fire of gynophobia (fear of women) in the society. There are enough false cases and extortion faced by men under laws regarding domestic violence," said Vakharia. Activists have urged the government to pass the bill only after sufficient debate, discussion and deliberations, and take all stakeholders into confidence. http://timesofindia.indiatimes.com/city/nagpur/Mens-rights-activists-oppose-amendment-to-marriage-law/articleshow/21703825.cms