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Showing posts with label Gurgaon. Show all posts
Showing posts with label Gurgaon. Show all posts

Wednesday, 3 July 2013

What if you're in her shoes, SC asks rejecting man's divorce plea

What if you're in her shoes, SC asks rejecting man's divorce plea

New Delhi: A man's plea for divorce on the grounds that their marriage is beyond salvage and that he will pay a substantial alimony to his wife has been dismissed by the Supreme Court saying that the husband would have never accepted dissolution of matrimonial ties had the wife raised identical reasons.
The court made the observation while rejecting the plea for divorce by the husband who had contended that though his wife's mental condition was normal, they have been separated for over 12 years and as such their marriage has irretrievably broken down. Also he said that he is willing to pay his wife any amount determined by the court as alimony.
A bench of justices P. Sathasivam and J.S. Khehar said he cannot be granted divorce "for the simple reason that the breakdown is only from the side of the husband" while the wife has consistently maintained that her paramount desire was to rejoin her husband."
"We would in our endeavour to determine the issue in hand examine the matter by reversing roles of the parties. We will examine the matter as if the wife had approached the Family Court seeking divorce on the ground that her husband had suffered brain damage leading to cognitive deficiencies.
"Yet, despite the said deficiencies, his working memory had returned to ‘near normal’ after treatment. "And his mental condition was such, that it would not have any effect on his matrimonial obligations. And the wife's family is agreeable to pay an amount to be determined by this court, so as to enable their daughter to break away, and find a more suitable match.
"Should she have been granted freedom from her matrimonial ties, in the given facts, in order to do complete justice to the parties? We would ask ourselves, whether the husband would have accepted such a plea...?" The court said, "In such situation, if this Court had, in exercise of its jurisdiction under Article 142 of the Constitution of India, granted compensation to the husband and had dissolved his marriage on the pretext of doing complete justice between the parties, would the same be acceptable to the husband? "We have no doubt in our mind, that on a reversal of roles, the husband, without any fault of his own, would have never accepted as just, the dissolution of his matrimonial ties, even if the couple had been separated for a duration, as is the case in hand," the bench said.
It also said the medical condition of the wife, on which the man had based his claim for divorce, was "of his own doing."
The apex court's order came on the appeal by the husband, who had challenged the decision of the Family court in Hyderabad and the Andhra Pradesh High Court which had rejected his plea for divorce from his wife.
The couple were married in 1997 when they were barely out of their teens.
After his wife's second pregnancy resulted in her suffering some mental disorder due to medical complications, he had moved the Family court in 2002 seeking divorce on the ground that she was not mentally sound.
The trial court had refused to grant him any relief saying that apart from his and his family's contentions that she had not recovered, there was no other evidence to support their claim.
The court also noted that as per medical professionals who had examined her, the woman's mental condition was found to be ‘normal’ and also that she was capable of discharging her marital obligations.
The high court had upheld the view of the trial court, and he had moved the apex court. He had contended before the apex court that they have been separated for over 12 years, their marriage is beyond salvage and as he is willing to pay a court determined amount as alimony, their marriage should be dissolved.
The apex court while refusing to grant him relief noted that "we cannot persuade ourselves to grant a decree of divorce, on the ground of irretrievable breakdown of marriage, for the simple reason that the breakdown is only from the side of the husband. The wife has consistently maintained, that she was intensely concerned with her future relationship with her husband, and that, her greatest and paramount desire was to rejoin her husband."
The bench also said that it was the husband himself who was ‘responsible for the state of affairs of his wife’.
 
 

Monday, 1 July 2013

'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?fb_action_ids=627117723973954&fb_action_types=og.likes&fb_source=other_multiline&action_object_map={%22627117723973954%22%3A167910723391944}&action_type_map={%22627117723973954%22%3A%22og.likes%22}&action_ref_map=[]

Saturday, 29 June 2013

Gurgaon gang rape: Main rape accused arrested, but ground reality unchanged

Gurgaon gang rape: Main rape accused arrested, but ground reality unchanged

GURGAON: Gurgaon police on Friday nabbed the key accused in the Thursday early morning rape in a moving car, bringing the total number of arrests in the case to six. The accused has been identified as Dharambir, and it was he who planned the rape to get value for the Rs 10,000 he had paid to the two victims and also raped one of them.

The Toyota Corolla Altis car in which the two women were raped by the accused has been retrieved and the five persons who were arrested on Thursday were sent in judicial custody on Friday. Dharmabir had been trying to get to girls over the past week but when he couldn't he got a friend to lure them to get into his car and then carried out the rape of the victims. Police are currently interrogating him about the whereabouts of last of the seven accused, Vikram, who is at large.

"Dharambir, 27, is a native of Dor Kalan village near Narnaul and used to work as a taxi driver. We recovered the Corolla Altis car, which was used in the rape. We found out during the interrogation that the accused had raped the victims without using contraceptives. There is a possibility of getting strong biological evidence against the accused from the car," an investigating officer said.

The victims of the horrific incident were two Delhi-based women who had hired a private cab a little after 12.30am on Thursday after finishing their work in a pub. The two residents of Tughlakabad had left Empire Club in Metropolitan Mall on MG Road at 12 midnight. Sources said that the two were entry "escorts" and regulars at the club for three days in a week and would help boys to gain the cheaper "couple entry" and avoid the expensive "stag entry".

On the same day police arrested five of accused, identified as Devender, Parmod, Harish Khan alias Nisar, Satish and Devinder. One of the accused is a native of Mewat district while the other four belong to Nangal Peepa village in Mahendergarh distirct. An Indica car has been retrieved from them. One of the two victims, who is 27 years old, told police that they had come out of Empire Club a little after midnight and reached in front of Club-18 in an auto. Since their taxi driver had not reached in time to pick them up, they hired a Toyo
 http://timesofindia.indiatimes.com/city/gurgaon/Gurgaon-gang-rape-Main-rape-accused-arrested-but-ground-reality-unchanged/articleshow/20823417.cms