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Showing posts with label case. Show all posts
Showing posts with label case. Show all posts

Tuesday, 10 September 2013

Coimbatore woman files abuse case against husband working in California

COIMBATORE: A software engineering working in California has been booked for physically and mentally abusing his wife by Coimbatore city police on Saturday. The police have decided to send a lookout notice to all airports in the country to arrest the software engineer.
According to police, Reena Rose Magdalene (31), from Subbarayanpudur near Somanur on the outskirts of the city, lodged a complaint with all women police station, Ramanathapuram, on Saturday. She stated in her complaint that she had completed her Msc Mphil and got married to A Lourde Thangaraj (34) from Periyar Nagar at Puliyakulam in the city on May 16, 2010. Her family gave a dowry of 15 sovereigns of gold and Rs2lakh cash. Soon after the wedding, the couple left for California.

The trouble started when Thangaraj began to physically and mentally abuse his wife.
Unable to bear the torture, Reena returned to India and resumed living with her parents. After relatives from both sides advised the couple, Reena returned to California to give her marriage another try.
However, Thangaraj had taken some obscene pictures of his wife discretely and began to threaten her saying if she failed to please him, he would publish the pictures online. This forced Reena to return to her hometown again. Her parents-in-law Anthony Grouse and Josephine Fernad also demanded for additional dowry from her.
Reena lodged a complaint with all women police station, Ramanathapuram on Saturday. Police inspector D Sathi Anusuya registered a case against the software engineer and his parents under section 498 (A) (husband or relatives of husband of a woman subjecting her to cruelty), 506 (i) (criminal intimidation) and under section 4 of Tamil Nadu Prohibition of Women Harassment Act.
Based on a Madras high court order, a case has been registered by police. "We will a send lookout notice to all airports in the country to detain the software engineer when he arrives in India," said inspector Sathi Anusuya. She also added that the police would conduct a detailed inquiry in connection with the case.

http://articles.timesofindia.indiatimes.com/2013-09-09/coimbatore/41902427_1_software-engineer-women-police-station-coimbatore-woman

HC gives guide lines to lower courts on maintainance cases

CHENNAI: The Madras High Court has instructed trial courts dealing with the cases of maintenance to follow the guidelines under Section 125 of Criminal Procedure code.
Justice S Vimala gave the instruction, while deciding whether a trial court should permit restoration of the petition for maintenance.
Through this, the wife could seek revision of compensation order on the ground that it was inadequate.
On a criminal revision cases filed by Vimala Sophia and her minor son, the Judge said trial courts could grant interim maintenance based upon the affidavit filed by the petitioners.
Petitions filed for interim maintenance shall be disposed of within 60 Days from the date of Service of the Notice to the concerned parties, the judge said.
The above provision would help to prove interim maintenance for women and also provide equal opportunity for the wife to contest the case, the Judge said, directing the trial courts dealing with the cases of maintenance to record the reasons if they are unable to pass the interim maintenance.
The courts dealing with such cases at the first hearing itself should make use of the provisions providing for the oral examination of parties to ascertain whether the dispute can be referred to alternate dispute resolution methods.
Vimala Sophaia sought the court to permit her to withdraw the endorsement made by her and for enhancement of the maintenance.
The trial Court has passed an order in 2009 to pay Rs 2000 per month by Vimala Sophia's husband to the minor son who is suffering from Deficit Hyper Activity Disorder.
Challenging the order she filed the petition in the High Court.
The Judge set aside the order of the lower court and directed her husband to pay Rs 10,000 per month to the son from 01.02.2012 till the disposal of both the maintenance cases as an interim measure.
The Judge also set-aside the order passed by the trial court not allowing the wife to withdraw endorsement made by her to the effect that she is withdrawing the case. The Judge then directed the Family Court, Chennai, which is dealing with the case to dispose of both the petitions. 
http://articles.economictimes.indiatimes.com/2013-09-07/news/41855041_1_interim-maintenance-trial-courts-minor-son 

Monday, 9 September 2013

PIL questions immediate arrests in dowry harassment cases

JAIPUR: A division bench of the high court has asked state government to give its reply to a PIL filed by one Vinod Singhal who questioned immediate arrests in cases pertaining to Section 498A (dowry harassment) and Section 406 of IPC (criminal breach of trust) filed by aggrieved wives against husband and his relatives.
The petition alleges that 70% matrimonial disputes are being converted into criminal cases by misuse of the provisions of Sections 498A and 406 of IPC. It has been alleged that once such a false criminal case is filed against the husband and his relatives the police immediately arrest the accused resulting in vanishing of chances of reconciliation between the warring husband and wife.
The PIL raises a point that since the offences are non-bailable, some guidelines must be issued so as to see that no husband or his relatives are arrested on false complaints. The petitioner demands that instead of registering the FIR immediately, the police must first call the parties for conciliation and in case the dispute remains unresolved, then only action should be initiated against the guilty husband and his relatives.
It has also been highlighted in the petition that in the recent past the Supreme Court too had observed that the law made for protection of women is being misused and has asked the Law Commission of India to report as to whether the law can be made bailable. The division bench of Chief Justice Amitava Roy and Justice V S Siradhana directed that a copy of the PIL be supplied to the government advocate.
http://articles.timesofindia.indiatimes.com/2013-07-09/jaipur/40468015_1_pil-questions-dowry-harassment-cases-division-bench

Saturday, 7 September 2013

I enjoyed my stay in jail: James Vasanthan

I enjoyed my stay in jail: James Vasanthan

Popular music director/anchor James Vasanthan was recently arrested for allegedly abusing his 63-year-old neighbour. Now, he is out on bail, and, he opened up to Chennai Times about his arrest. He says, "It was around 3.30 pm on Sunday when cops came into our house. Though initially I was not told about the arrest, later I was informed that I would be held. They didn't even tell me on what charge they were arresting me. Following that, I was imprisoned in Puzhal jail for two days."

He was accused by the woman for displaying indecent gestures in public. Reacting to the allegations, he says, "Some women take the sexual harassment law to their advantage and target innocent men like me. This is not the first case that has been forced on me. I know very well that this woman does everything with the support of the top cop in the city."
Trouble started for the composer when he bought a house in Palavakkam in 2011. "Since then, this neighbour is causing trouble. Her intention is to get our place which she asked us to sell to her when we first bought it. At first, she filed an attempt-to-murder case and now, she lodges a sexual harassment case. I will legally disprove all these false allegations."
James has spent nearly 48 hours in the prison. He says, "I have a positive approach to life; so, I enjoyed my stay in the jail. My wife has been my pillar of strength during this crisis. I will strive hard for justice."

http://articles.timesofindia.indiatimes.com/2013-08-09/news-interviews/41237107_1_james-vasanthan-sexual-harassment-case-neighbour

Wednesday, 28 August 2013

रेप के बढ़ते मामलों के लिए मैं जिम्‍मेदार नहीं: पूनम पांडे

अपने बोल्‍ड अंदाज और उससे भी बोल्‍ड टिप्‍पणियों के लिए मशहूर विवादास्‍पद एक्‍ट्रेस और मॉडल पूनम पांडे का कहना है कि रेप के बढ़ते मामलों के लिए मुझे दोषी न ठहराएं. हाल ही में फिल्‍म नशा में जमकर अंग प्रदर्शन करने वाली पूनम इस बात से हैरान और नाराज हैं कि महिलाओं के खिलाफ बढ़ते अपराधों के लिए कुछ लोग उन्‍हें दोषी ठहरा रहे हैं.
पूनम पांडे की तस्‍वीरें, जिन्‍होंने बटोरी सुर्खियां
दरअसल इन दिनों पूनम को हर तरफ से यही सुनने को मिल रहा है कि इंटरनेट और मैगजीनों में उनकी भड़काऊ तस्वीरें महिलाओं के लिए खतरनाक साबित हो रही हैं. पूनम ने कहा कि मुंबई में महिला फोटोजर्नलिस्‍ट के साथ गैंगरेप की घटना के बाद से ही उन्हें बार-बार और लगातार खुद को दोषी मानने पर मजबूर किया जा रहा है.
पूनम ने सवालिया अंदाज में कहा, ‘मेरी तस्वीरें महिलाओं के खिलाफ हो रहे अपराधों के लिए जिम्मेदार हैं, क्या सचमुच यही बात है. दिल्ली गैंगरेप के समय भी मुझ पर इस तरह के आरोप लगाए गए थे. मैं उन सभी लोगों से एक सवाल पूछना चाहती हूं, जो मुझे इन सब के लिए दोषी मान रहे हैं कि क्या मेरे चर्चा में आने से पहले महिलाओं के खिलाफ अपराध नहीं होते थे?’
पूनम पांडे का Hot 'गुड मॉर्निंग'...
पूनम का मानना है कि लोग अपनी कमजोरियां छिपाने के लिए हमेशा कोई बलि का बकरा ढूंढते हैं. उन्होंने कहा, ‘समाज में व्याप्त बुराईयों के लिए आप मुझे दोष क्यों दे रहे हैं. मैं केवल एक लड़की हूं, जो दुनिया में अपने लिए जगह तलाश रही है. जब कानून व्यवस्था नाकाम होती है तो वे लोग किसी और को दोषी बता देते हैं. लेकिन मुझे दोष क्यों दे रहे हैं? मैंने क्या किया है?’
तस्‍वीरों में पूनम पांडे की फिल्‍म 'नशा' के मदहोश करने वाले पोस्‍टर
पूनम पहली बार चर्चा में तब आई थीं जब 2011 में क्रिकेट वर्ल्‍डकप के दौरान उन्होंने ऐलान किया था कि भारतीय टीम ट्रॉफी जीतती है, तो भारत की जीत की खुशी में वह भारतीय खिलाड़ियों के न्‍यूड होंगी.

Thursday, 15 August 2013

UP accounts for over 80% of illegal arrests in India

UP accounts for over 80% of illegal arrests in India

NEW DELHI: Uttar Pradesh's high-handedness is not just reflected in the arbitrary transfer of officers such as Durga Sakthi Nagpal and slapping of bogus cases against dissenters (as in the case of Dalit scholar Kanwal Bharti), it can also be seen in the massive number of illegal arrests made by the UP police.

According to National Human Rights Commission data, UP records an overwhelming majority of illegal arrests in the country, accounting for more than 80% of all such cases. In fact, it tips its nearest competitor, Delhi, by over 3,000% almost year after year.

In the past three years (April 2010 to July 2013), UP accounted for 3,397 illegal arrests out of 3,950 such cases recorded across India by NHRC. The count for the rest of the 27 states and seven union territories put together was just 553.

"What do you expect from a state where many politicians themselves are criminals? How do you expect them to have any respect for law and order or human rights?" says Colin Gonsalves of Human Rights Law Network.

From April 2012 to March 2013, NHRC recorded 703 cases of illegal arrests in all. As many as 589 of these were against the UP police. UP accounts for 161 of 192 illegal arrests in '13

Its closest rivals in this dubious distinction, Uttarakhand and Delhi, were way behind with 14 cases each. Data for this period shows only two other states where the number of illegal arrests had crossed double figures — Karnataka (12) and Andhra Pradesh (10).

In 2013 too (April 1 to July 20), UP accounted for 161 such cases of the total of 192 recorded by NHRC in the entire country. Its closest rival, Delhi, was again was behind with only five cases.

Year 2011 was the worse for UP, with the state police being at the wrong end of the law 1,101 times of the total of 1,249 cases registered by NHRC. Delhi again took the second spot with 38 cases. In 2010 too UP recorded 1,546 such cases of the total of 1,716. These are cases that were brought to NHRC's notice. The real figures for both UP and other states are bound to be higher as many complainants go to state human rights commissions instead of knocking at NHRC's doors.

Conversely, sources say, UP being closer to Delhi, more people may tend to approach NHRC in the capital. But if that was true, neighbouring Haryana would also show a high number of illegal arrests. However,Haryana's figures for many years have remained in single digits. 
 http://timesofindia.indiatimes.com/india/UP-accounts-for-over-80-of-illegal-arrests-in-India/articleshow/21853340.cms 

Saturday, 10 August 2013

Court refuses maintenance to wife in domestic feud case

 Court refuses maintenance to wife in domestic feud case

The Thane District court has set aside an order of a lower court granting maintenance to a housewife and her child.
In his order, Additional Sessions Judge A P Raghuvanshi, on August 28, held that the housewife was not entitled to any relief under the provisions of Protection of Women under Domestic Violence Act, 2005.
The case related to one Ramji and Sheetal (names changed) who were married on April, 29, 2002 in Mumbai.
After 15 months of marriage, the husband had filed a divorce petition in the Bandra court on ground of cruelty, under section 13(1) of the Hindu Marriage Act, 1955.
He had stated in the petition that his wife was adamant, rude and quarrelsome and her conduct had led to the deterioration of their relationship.
However, before the counsellor, the wife reportedly admitted to her faults and a consent term was prepared and filed on January 1, 2004 and the couple started living
together.
Later, the wife, after taking into possession all the jewellery which she had received during the marriage, filed an application for maintenance and also filed a complaint under Domestic Violence Act, 2005 and lodged an FIR against her spouse.
The magisterial court then ordered a maintenance of Rs 3,000 each per month for the wife and their child.
The court also ordered the husband to return Rs 1.50 lakh, that he borrowed from his mother-in-law.
The husband and his parents then filed an appeal challenging the order of the lower court, which was allowed by the sessions court at Thane.
In his order, the judge observed that "all these allegations made by the wife clearly establish the probability in favour of husband that it is he who had tried to settle the
mater from time-to-time and he even resided separately along with the wife, but still the dispute continued between them".

http://www.indianexpress.com/news/court-refuses-maintenance-to-wife-in-domestic-feud-case/995400/ 

Tuesday, 6 August 2013

Lured by compensation money, more girls make 'fake rape claims'

Lured by compensation money, more girls make 'fake rape claims'

RANCHI: An Odisha girl, who earlier claimed that she was raped near Hatia railway station on July 23 and also that she was a minor, admitted to have cooked up the story to secure compensation after her medical reports false revealed that she neither raped nor was she a minor.

A team of doctors headed by Dr Tulsi Mahto conducted bone age test on the girl at Rajendra Institute of Medical Sciences and reported that she was 19 years old and three months' pregnant.

Counsellor Seema Sharma, who was appointed by Jharkhand State Commission for Protection of Child Rights (JSCPCR) for examining her case, said the girl admitted that she was not raped and had falsely implicated one Pappu Kumar to make her claims look genuine. She said, "The girl revealed that she has been married for the last three years but her husband left her, few months ago. She is pregnant with the child of another man who lives in her neighbourhood. She also said that she lied under parental pressure."

Jagganthpur police station OC Anil Kumar said an FIR had been lodged in the case but when the medical reports arrived and it was found that the girl was lying, the case was closed. He said, "Initially, we lodged an FIR in the case but when JSCPCR and the hospital informed us that the girl is an adult and she was lying about being raped we closed the case"

Member of JSCPCR, Sanjay Mishra said false rape claims have become common, these days. "When we were investigating the Pakur case, where four school girls were gang-raped and compensation of Rs.1.20 lakh was awarded to all these girls, local residents told me that I will get to attend a rape case every day thereafter. No doubt the very next day two girls returned from Delhi claiming that they were raped which turned out to be a fake case again," he added.

Mishra further said it is the compensation money which forces girls to lodge false rape cases under pressure from their guardians. "Under the Schedule Caste and Schedule Tribe (prevention of atrocities) Act, 1989, there is provision of compensating a rape victim with Rs 1.20 lakh," said Mishra.

He added, "In all such cases, it was observed that the girl hailed from to a very poor family and her parents forced her to lie for compensation." 
 http://timesofindia.indiatimes.com/city/ranchi/Lured-by-compensation-money-more-girls-make-fake-rape-claims/articleshow/21633414.cms