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Showing posts with label false accused. Show all posts
Showing posts with label false accused. Show all posts

Thursday, 29 August 2013

Ensure women's safety = Ignore men's safety?

Recently Maharashtra Home Minister R R Patil assured all women journalists that the Government would provide them special security when they are out on their job.
Sounds like a populist measure dreamt up without considering the root cause of why crime in the society is on the rise.
Go through the National Crime Records Bureau (NCRB) report which states that ‘crimes against men are increasing rapidly' and more than 75% of murders reported in this country are against men.
Take a look at the Murder rate of Men vs Women:
Male Victims-24,441, Female Victims-8,718 Total Victims-33,159
Culpabale Homicide Not Amounting To Murder (Sec.304 and 308 IPC) During 2009
Male Victims=3,529, Female Victims=753 Total Victims=4282
Now we wonder, can a society provide safety to women, while men themselves are not safe? The NCRB report summarized the data of crimes against women and children, but they did not provide any details of crimes against men.
Since 2005, we have been providing the crime and murder data compiled by the NCRB to the Government, but they fed it to the bins as media never showed any concern over the safety of men, which is a need of society.
If you go through the report of "Committee to protect Journalists " and click on Gender, it clearly mentions that 97% of the journalists killed were men.
On August 24th, a Journalist from UP, Mr. Akhilesh, was killed. But there was hardly any protest from the journalists associations or any candlelight vigils by common people of society.
I am really not surprised given the biased approach prevalent in every institution. We have death penalty for murder, but the cases are increasing day by day. It is evident beyond reasonable doubt that increasing the punishment alone won’t help in reducing crime.
When someone commits a crime, what are the chances that he gets caught? Currently the number stands at 10 to 15 per cent on an average.Today the police can trap any innocent law abiding citizen in criminal cases but fails to catch the real criminal for months/years.
Once a criminal is caught the law punishes him for 10 to 12 years and if someone wants to prove his innocence it takes 10 to 12 years. So, the root cause is the failure of our criminal justice system and the police.
More stringent laws mean more power to police/judiciary, which could lead to abuse of power and more corruption. The failure of police to provide safety to Indian men never gets highlighted.
All women activists/media are running behind the women safety issue, like in a desert desperately trying to find a mirage.
History itself states that where men are not safe, dreaming of safety for women is nothing but fooling yourself.
Safety/violence is never a gender issue. Media friends must also understand the pain of a woman when she loses her brother or son or father.
 

Thursday, 15 August 2013

75% rape cases are False : Gulabi gang, Sampat


युवती ने झांसा देकर बुलाय था ठेकेदार, सरगना सहित तीन अपहर्ता गिरफ्तार

युवती ने झांसा देकर बुलाय था ठेकेदार, सरगना सहित तीन अपहर्ता गिरफ्तार 


बिलासपुर। ठेकेदार रूपेश अग्रवाल के अपहरण के मामले में पुलिस ने सरगना सहित तीन आरोपियों को गिरफ्तार कर लिया है। एक को पहले ही पकड़ा जा चुका था। पुलिस को अब तक वह युवती नहीं मिली है, जिसने ठेकेदार को झांसा देकर रतनपुर-कोटा रोड में बुलाया था और फिर बाइक की चाबी छीन ली थी। उसकी तलाश की जा रही है।
समता कालोनी निवासी ठेकेदार रूपेश अग्रवाल का 9 अगस्त को कोटा-रतनपुर रोड से दिनदहाड़े अपहरण हो गया था। इस वारदात को एक युवती समेत पांच लोगों ने मिलकर अंजाम दिया था। पुलिस ने अभी तक एक आरोपी जी. श्रीनिवास राव को गिरफ्तार किया था, जो बोलेरो चला रहा था। बाकी आरोपियों की तलाश जारी थी। साइबर सेल ने पकड़े गए आरोपी से पूछताछ की, साथ ही युवती के मोबाइल नंबर की कॉल डिटेल निकाली। आरोपी बिलासपुर में ही रहते थे। साइबर सेल ने इनमें छपरा (बिहार) के ग्राम अरना के राजकिशोर उर्फ राज (25 वर्ष), झारखंड औरंगाबाद बारून के वकील अंसारी (36वर्ष) और भवानी नगर सिरगिट्टी बिलासपुर के गोलू उर्फ लोकेश राव नायडू (24 वर्ष) को गिरफ्तार किया।
राजकिशोर इस वारदात का मास्टरमाइंड था। आरोपी युवती का नाम ममता सिंह है, जो तारबाहर इलाके में रहती है। तारबाहर व रायगढ़ थाने में उसके खिलाफ पहले ही जुर्म दर्ज है। गौरतलब है, ठेकेदार को अपहर्ता झारखंड ले जा रहे थे। इसी बीच अंबिकापुर-पत्थलगांव रोड में बोलेरो दुर्घटनाग्रस्त हो गई और अपहर्ता रूपेश व चालक को छोड़कर भाग निकले। चालक के अनुसार ठेकेदार का अपहरण पांच करोड़ की फिरौती के लिए हुआ था।

ठगी की आरोपी है युवती : अपहरण के मामले में ममता सिंह नामक जिस युवती का नाम आया है, दरअसल उसका घर राजीव गांधी चौक के पास है। वह सिम्स में नौकरी लगाने के मामले में 20 लाख रुपए की ठकी के मामले में भी आरोपी है और खुलासे के बाद से फरार चल रही है। वारदात के समय वह किसी युवक के साथ तारबाहर क्षेत्र में रह रही थी। एक दिन पहले साइबर सेल की टीम उसके घर पहुंची थी और उसके छोटे भाई को पूछताछ के लिए ले गई थी।
एक आरोपी अंबिकापुर में उतर गया था
रतनपुर-कोटा रोड से अपहर्ताओं में से वकील अंसारी कोटा से युवती को लेकर बिलासपुर आ गया था। राजकिशोर, गोलू व ड्राइवर श्रीनिवास ठेकेदार को लेकर बनारस रोड की ओर जा रहे थे। इसी बीच साइबर सेल ने ठेकेदार के मोबाइल पर कॉल किया। इस नंबर को अपहर्ताओं ने अपने मोबाइल से ट्रेस किया तो उसमें बिलासपुर क्राइम ब्रांच का नाम आया। इससे अपहर्ता घबरा गए और रास्ता बदल दिया। अपहर्ताओं ने अंबिकापुर लौटते हुए जशपुर, पत्थलगांव की ओर गाड़ी रोक दी। अंबिकापुर में गोलू उर्फ लोकेश उतर गया। गाड़ी में राजकिशोर व ड्राइवर श्रीनिवास ही रह गए। पकड़े जाने के डर से श्रीनिवास तेज रफ्तार से गाड़ी चला रहा था और गाड़ी दुर्घटनाग्रस्त हो गई। यहां से ड्राइवर व अगवा ठेकेदार रूपेश को पुलिस अपने साथ ले गई, राजकिशोर भाग निकला। फरार सभी आरोपी शहर आ गए थे और पकड़े गए।


http://www.bhaskar.com/article/CHH-BIL-rupesh-kidnapping-case-accused-arrest-bilaspur-news-4347690-NOR.html 

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/ 

Friday, 9 August 2013

Man dies in 'police custody'

Man dies in 'police custody'

PATNA: A man, arrested in a dowry case, allegedly died in police custody at Salimpur on Thursday morning.

Salimpur SHO said, "Deceased - Gajendra Prasad Mishra was arrested on Wednesday night in a dowry case lodged by one Dinesh Jha, the father-in-law of Mishra's youngest son Ravi Mishra. On Thursday morning, he started vomiting. We immediately took him to Bahadurpur hospital where he was declared brought dead by the doctors. We are investigating the reason of his death."

According to the police, Ravi Mishra was married to Manita, Dinesh's daughter, who on April 2 this year committed suicide after consuming poison. Dinesh lodged an FIR against Gajendra, Ravi and his mother Shubhkala Mishra for dowry death.

Deceased brother Vijay Mishra said that Dinesh had struck a deal of Rs 3 lakh with his brother to take back the case. "My brother went to meet Dinesh on Wednesday and gave Rs 2.5 lakh with condition of paying rest of the amount only after the withdrawal of the case. Dinesh took the money and offered him a soft drink. Later when my brother left the place, Dinesh called up the police and get him arrested. He was brought to Salimpur police station on Wednesday night," Vijay said.

Vijay further said Dinesh must have poisoned the soft drink that he offered to his brother.
 http://timesofindia.indiatimes.com/city/patna/Man-dies-in-police-custody/articleshow/21718809.cms 

Tuesday, 6 August 2013

Husband commits Suicide, brother blames Wife and in-laws

Husband commits Suicide, brother blames Wife and in-laws

A 30 year old man hanged himself at his house today morning; his family blamed his wife and her family members for allegedly provoking him for committing suicide on the issue of five lac rupees.

Ashok Yadav, resident of Yadav Colony, was seen hanging in his room today morning at 7.30 am by his mother who immediately informed other family members. The victim was rushed to the hospital but he was declared dead by the doctors.

Yogesh Yadav, brother of the deceased, has lodged a complaint against Ashok’s in-laws and his wife  for pressurizing Ashok for Rs. 5 Lac failing which, they would complain against him under Mahila Pratarna, said police.

Yogesh informed that, “My brother got married last year. On the very next day, his wife went back to her house at Nathdwara and never came back. Her family members often threatened Ashok for five lac rupees in cash for breaking the marriage.”

Yogesh also informed that the girl was already married to somebody else before getting married to his brother Ashok.

On the other hand, Ashok’s in-laws said that Ashok was not physically fit and they wanted their daughter to divorce him. “There was no issue of cash”, informed Navratam Yadav, Father-in-law of the deceased.

Police has registered the case and started investigating it.

http://www.udaipurtimes.com/husband-commits-suicide-brother-blames-wife-and-in-laws/
A 30 year old man hanged himself at his house today morning; his family blamed his wife and her family members for allegedly provoking him for committing suicide on the issue of five lac rupees.
Ashok Yadav, resident of Yadav Colony, was seen hanging in his room today morning at 7.30 am by his mother who immediately informed other family members. The victim was rushed to the hospital but he was declared dead by the doctors.
Yogesh Yadav, brother of the deceased, has lodged a complaint against Ashok’s in-laws and his wife  for pressurizing Ashok for Rs. 5 Lac failing which, they would complain against him under Mahila Pratarna, said police.
Yogesh informed that, “My brother got married last year. On the very next day, his wife went back to her house at Nathdwara and never came back. Her family members often threatened Ashok for five lac rupees in cash for breaking the marriage.”
Yogesh also informed that the girl was already married to somebody else before getting married to his brother Ashok.
On the other hand, Ashok’s in-laws said that Ashok was not physically fit and they wanted their daughter to divorce him. “There was no issue of cash”, informed Navratam Yadav, Father-in-law of the deceased.
Police has registered the case and started investigating it.
- See more at: http://www.udaipurtimes.com/husband-commits-suicide-brother-blames-wife-and-in-laws/#sthash.bfC7peIe.dpuf
A 30 year old man hanged himself at his house today morning; his family blamed his wife and her family members for allegedly provoking him for committing suicide on the issue of five lac rupees.
Ashok Yadav, resident of Yadav Colony, was seen hanging in his room today morning at 7.30 am by his mother who immediately informed other family members. The victim was rushed to the hospital but he was declared dead by the doctors.
Yogesh Yadav, brother of the deceased, has lodged a complaint against Ashok’s in-laws and his wife  for pressurizing Ashok for Rs. 5 Lac failing which, they would complain against him under Mahila Pratarna, said police.
Yogesh informed that, “My brother got married last year. On the very next day, his wife went back to her house at Nathdwara and never came back. Her family members often threatened Ashok for five lac rupees in cash for breaking the marriage.”
Yogesh also informed that the girl was already married to somebody else before getting married to his brother Ashok.
On the other hand, Ashok’s in-laws said that Ashok was not physically fit and they wanted their daughter to divorce him. “There was no issue of cash”, informed Navratam Yadav, Father-in-law of the deceased.
Police has registered the case and started investigating it.
- See more at: http://www.udaipurtimes.com/husband-commits-suicide-brother-blames-wife-and-in-laws/#sthash.bfC7peIe.dpuf
 
A 30 year old man hanged himself at his house today morning; his family blamed his wife and her family members for allegedly provoking him for committing suicide on the issue of five lac rupees.
Ashok Yadav, resident of Yadav Colony, was seen hanging in his room today morning at 7.30 am by his mother who immediately informed other family members. The victim was rushed to the hospital but he was declared dead by the doctors.
Yogesh Yadav, brother of the deceased, has lodged a complaint against Ashok’s in-laws and his wife  for pressurizing Ashok for Rs. 5 Lac failing which, they would complain against him under Mahila Pratarna, said police.
Yogesh informed that, “My brother got married last year. On the very next day, his wife went back to her house at Nathdwara and never came back. Her family members often threatened Ashok for five lac rupees in cash for breaking the marriage.”
Yogesh also informed that the girl was already married to somebody else before getting married to his brother Ashok.
On the other hand, Ashok’s in-laws said that Ashok was not physically fit and they wanted their daughter to divorce him. “There was no issue of cash”, informed Navratam Yadav, Father-in-law of the deceased.
Police has registered the case and started investigating it.
- See more at: http://www.udaipurtimes.com/husband-commits-suicide-brother-blames-wife-and-in-laws/#sthash.bfC7peIe.dpuf
A 30 year old man hanged himself at his house today morning; his family blamed his wife and her family members for allegedly provoking him for committing suicide on the issue of five lac rupees.
Ashok Yadav, resident of Yadav Colony, was seen hanging in his room today morning at 7.30 am by his mother who immediately informed other family members. The victim was rushed to the hospital but he was declared dead by the doctors.
Yogesh Yadav, brother of the deceased, has lodged a complaint against Ashok’s in-laws and his wife  for pressurizing Ashok for Rs. 5 Lac failing which, they would complain against him under Mahila Pratarna, said police.
Yogesh informed that, “My brother got married last year. On the very next day, his wife went back to her house at Nathdwara and never came back. Her family members often threatened Ashok for five lac rupees in cash for breaking the marriage.”
Yogesh also informed that the girl was already married to somebody else before getting married to his brother Ashok.
On the other hand, Ashok’s in-laws said that Ashok was not physically fit and they wanted their daughter to divorce him. “There was no issue of cash”, informed Navratam Yadav, Father-in-law of the deceased.
Police has registered the case and started investigating it.
- See more at: http://www.udaipurtimes.com/husband-commits-suicide-brother-blames-wife-and-in-laws/#sthash.bfC7peIe.dpuf
 
 

Wednesday, 31 July 2013

बलात्कारी को फोन कर कहा, मुझसे शादी कर लो

बलात्कारी को फोन कर कहा, मुझसे शादी कर लो

मध्यप्रदेश के इंदौर शहर में एक अजीब सा मामला सामने आया जहां 18 साल की लड़की ने जिला कोर्ट में कहा कि उसकी शादी उसके दुष्कर्म के आरोपी से ही करा दी जाए।

लड़की का कहना था कि उसके मां-बाप एक अधेड़ से उसकी शादी करवा रहे हैं इससे बेहतर है कि मैं अपने दुष्कर्मी से शादी कर लूं।

इंदौर में गौरी नगर की 18 वर्षीय युवती मंगलवार को कोर्ट आई। एक वकील की मदद से फोन कर उसने अपने दुष्कर्म के आरोपी भगवान करण सिंह को बुलाया।

जब वह वहां पहुंचा तो लड़की ने पूरी बात बताई और उससे कहा कि मुझसे शादी कर लो। जब भगवान ने शादी की बात सुनी तो उसने हां कर दी।

भगवान का कहना है कि भले ही मुझ पर दुष्कर्म का आरोप लगा है लेकिन मैं इसे अपनी प्रेमिका मानता हूं। और इस तरह दोनों शादी के लिए राजी हो गए।

मां-बाप के दबाव में आकर लगाया था दुष्कर्म का आरोप

भगवान सिंह पर फरवरी 2013 में दुष्कर्म का आरोप लगा था। मामला कोर्ट में विचाराधीन है और भगवान को जमानत पर रिहा कर दिया है। मामले में पेच यह है कि अब शादी करते वक्त लड़की का कहना यह है कि उसने मां-बाप के दबाव में आकर यह आरोप लगाया था। 


http://www.amarujala.com/news/states/madhya-pradesh/she-called-the-rape-accused-and-said-marry-me/ 

Monday, 29 July 2013

Marathi actor Smitha Gondkar files a case against husband

Marathi actor Smitha Gondkar files a case against husband

Marathi actor SmithaGondkar is fighting a legal battle against her husband, a corporator based in Mumbai. Smitha, who has films like 'MumbaichaDabewala', 'Satya-More Than Human' and 'Hip Hip Hurrah' to her credit reveals that she has been subjected to emotional trauma for some time now.

"I have been going through terrible times for more than a year now. I was shocked when I received a call from a woman claiming to be the first wife of my husband
SiddharthBanthiya. I was scared of the humiliation I would have to suffer if I spoke out. I was scared of upsetting my professional career as well." Smitha says that she finally mustered up courage and decided to fight through this "injustice". "Siddharth has fooled me and I don't want others to face what I have been subjected to," she said.

The actress has filed a case against her husband in the women's grievance redressal cell accusing him of bigamy. Smitha says that the emotional upheaval has taken a toll on her career. "I have been lucky to have supportive parents. I am trying to focus on my work. I will be married only to work now," she adds confirming that she has some projects lined up.

However, when TOI contacted Siddharth, he claimed he was never married to Smitha. "We were close but were never married. She also wants annulment of marriage but there are no documents to prove that we were married. She is harassing me for money and wants an out of court settlement." Smitha says she will continue to fight her case in court because "no money can bring my self respect and image back." 
 http://timesofindia.indiatimes.com/entertainment/regional/marathi/news-interviews/Marathi-actor-Smitha-Gondkar-files-a-case-against-husband/articleshow/20859560.cms 

Sunday, 28 July 2013

Wife's unsubstantiated allegation of infidelity against hubby

Wife's unsubstantiated allegation of infidelity against hubby

Unsubstantiated allegations made by wife in a of during divorce proceedings about her husband's extramarital relations amounts to cruelty, the has ruled, while allowing dissolution of marriage on these grounds.

The ruling was delivered recently by a bench which quashed a family court order of July 11 dismissing a divorce petition filed by a man on the grounds of cruelty.

Hearing an appeal of husband against the impugned order, justices G S Patel and O S Oka allowed dissolution of marriage between Mahesh and Mohini Paigude.

The husband had filed a petition in the family court seeking a decree of divorce on the grounds of cruelty. One of the grounds pressed by him was an unsubstantiated allegation made by his wife that he was having extramarital relationship.

The High Court held that making such unsubstantiated allegations amounts to causing mental cruelty to the husband.

"Therefore, we have no manner of doubt that unsubstantiated allegations made by the respondent wife in paragraph 6 of the written statement amounts to assault on character and reputation of the Appellant and the same constitutes a mental cruelty which entitles the Appellant to claim a decree of divorce," the judges noted.

The High Court observed that the finding of this aspect has been recorded in paragraph 16 of the impugned judgment. "In fact, in paragraph 16, the learned family court Judge has accepted that there are baseless allegations in the written statement. However, the learned Judge has observed that the Appellant has no grievance about it."

"Perhaps the said finding is based on incorrect reading of the statement made by husband in cross-examination that he was demanding divorce mainly on two grounds (refusal of the Respondent to maintain sexual relationship with him and that she used to threaten that she would commit suicide if he had sexual relations with her)."

"The observation of the judge that the allegation in the statement is not torturous and, therefore, does not amount to cruelty, is completely erroneous," the bench noted.

"As we have already held, not only had the wife failed to substantiate allegation but in cross-examination, she has made it clear that she was entertaining a doubt about the character of appellant," the judges said.

http://www.business-standard.com/article/pti-stories/wife-s-unsubstantiated-allegation-of-infidelity-against-hubby-113072700241_1.html 

Saturday, 27 July 2013

Navy wife swapping scandal: Complainant arrested for fraud

Navy wife swapping scandal: Complainant arrested for fraud

The woman, whose complaint of wife swapping rocked the naval base in Kochi in April, was on Saturday arrested by Delhi police for allegedly committing a forgery by procuring a credit card in the name of her estranged husband.
Police arrested Sujata Sahoo from her residence in South Delhi under sections 420 (cheating), 468 and 471 (forgery) and Emblem and Name (Prevention of Improper Use) Act, a Delhi police spokesman said.
Kamini Jaiswal, counsel for Sahoo in the wife swapping case, has denied the charges and said it was an attempt to malign her client.
She accused the Delhi police of torturing Sahoo.
Jaiswal said that her client was dragged from her house and beaten.
"As a result of this, she has received injuries and the police have not been ensuring a proper medical check-up," Jaiswal alleged.
She said that her client had been informing her about the repeated threats received by her and warnings about dire consequences if she did not withdraw her complaint, in which she has named senior naval officials.
According to Delhi police, Sahoo was arrested from Jia Sarai after State Bank of India's IIT branch complained that she was trying to procure a credit card in the name of her estranged husband, Ravi Kant, using his forged PAN card and employment letter of the Indian Navy.
The bank, according to Delhi police, has videographed everything pertaining to the alleged procurement of the credit card.
Defence Minister A K Antony had promised to take strong action if anybody was found guilty in the alleged wife swapping case.
Sahoo had also filed a case of dowry harassment under Section 489A against her husband and the case has been transferred to Kochi.

 http://www.rediff.com/news/report/navy-wife-swapping-scandal-complainant-arrested-for-fraud/20130727.htm

False cases behind Delhi's tag of rape capital: Court

False cases behind Delhi's tag of rape capital: Court

False cases are the reasons behind labelling of Delhi as 'rape capital'; a court in Delhi has held while acquitting a 75-year-old man of the charge of sexually assaulting his maid after the woman turned hostile.

The court said after the December 16 gang-rape of a 23-year-old girl in a moving bus lead to the creation of an atmosphere that "the mere statement of a lady that she has been raped, came to be taken as gospel truth, the accused arrested and chargesheeted".

"This lead to an unprecedented surge in filing of false rape cases...It is these false cases which play havoc with the crime statistics, leading to the labelling of Delhi as a 'rape capital'," Additional Sessions Judge Virender Bhat said, while acquitting Bhopal Sharma of the charge of sexually assaulting his maid.

The court observed that as acquittals in such cases are hardly ever reported, the falsely implicated persons lose their honour, dignity and status in the society and though these cannot be restored, "these victims" can be compensated so that they can start life afresh.

It also noted that "it is a matter of intense regret that even the frail, sick and aged persons are not spared from the false allegations of rape".

According to the prosecution, Sharma and his neighbour Anita had become friends when they met in a hospital  where his ailing wife was admitted. After his wife's death, Anita had arranged for the woman, who was in her 30s, to work as a maid in his home.

The maid in her complaint had said a few days after she started working at Sharma's house in July 2012; he had raped her and after the incident, had promised to marry her.

Thereafter, he continued to have sexual relations with her on the pretext of marrying her, the maid had alleged, adding that she lodged the police complaint on October 11, 2012 after Sharma expressed his unwillingness to keep his promise.

However, during the trial, the woman turned hostile and said she had levelled false allegations on the advice of Anita and another person Kuldeep.

While acquitting Sharma, the judge noted that the maid, a divorcee, had levelled the allegation of rape against the senior citizen on the behest of her neighbour Anita and Kuldeep in order to usurp the man's property.

Expressing the need for courts to be empowered to award compensation to victims of false rape cases, the judge also lamented that media turns a blind eye to acquittals in such cases.

"Nobody bothers to see in how many cases the accused in fact are convicted. Media turns a blind eye towards acquittals. The acquittal of an accused is not noticed at all and he continues to be labelled as a 'rapist' even after his honourable acquittal.

"Their lost honour, dignity and status in the society cannot be restored but they can be compensated so that they are able to start life afresh. The courts need to be empowered to award compensation to men acquitted in false rape cases," the court said.

The judge also said right from the first day when accused was produced before him, he had wondered, "How such a frail old man, who cannot even stand straight, would rape a young lady in her mid-30's, having lot more strength than the accused?"

http://www.ndtv.com/article/cities/false-cases-behind-delhi-s-tag-of-rape-capital-court-397821

पति पर बेवफाई के झूठे आरोप क्रूरता हैं, पति तलाक मांगने का हकदार: हाईकोर्ट

पति पर बेवफाई के झूठे आरोप क्रूरता हैं, पति तलाक मांगने का हकदार: हाईकोर्ट 

यदि कोई महिला अपने पति पर झूठा आरोप लगाती है कि विवाह के बाद भी उसके किसी पराई औरत के साथ संबंध हैं तो पति इन आरोपों के आधार पर तलाक की मांग कर सकता है. यही नहीं, इस तरह के आरोप मानसिक क्रूरता कहलाएंगे. बंबई हाई कोर्ट ने एक मामले में अपना फैसला सुनाते हुए ऐसा कहा है.
बंबई हाईकोर्ट ने अदालत की कार्यवाही के दौरान पत्नी द्वारा अपने पति पर विवाहोत्तर संबंधों के बेबुनियाद आरोप लगाने को क्रूरता करार देते हुए पति को इस आधार पर तलाक की मंज़ूरी दे दी.
पढ़ें: मैरिज एक्ट में संशोधनः पत्नी को मिलेगा पति की पैतृक संपत्ति में हिस्सा
अदालत ने पुणे की एक अदालत के फैसले को खारिज करते हुए यह आदेश दिया. निचली अदालत ने 11 जुलाई को क्रूरता के आधार पर दायर एक व्यक्ति की तलाक की याचिका खारिज कर दी थी.
पढ़ें: अफेयर खत्‍म होने पर सेक्‍स संबंध बलात्‍कार नहीं: हाईकोर्ट
न्यायमूर्ति जी एस पटेल और न्यायमूर्ति ओ एस ओका ने महेश और मोहिनी पैगुडे के बीच तलाक को मंजूरी दे दी. दोनों का विवाह 13 मार्च 2001 को हुआ था. महेश ने पुणे परिवार अदालत में याचिका दायर करके क्रूरता के आधार पर तलाक की मांग की थी. उसने कहा था कि उसकी पत्नी ने उस पर विवाहेतर संबंधों के बेबुनियाद आरोप लगाए.
उच्च न्यायालय ने कहा कि इस प्रकार के बेबुनियाद आरोप मानसिक क्रूरता के बराबर है.
अदालत ने कहा, ‘इसलिए हमें इस बात पर कोई संदेह नहीं है कि लिखित बयान के पैरा छह में पत्नी की ओर से पति पर लगाए गए बेबुनियाद आरोप याचिकाकर्ता के चरित्र और प्रतिष्ठा को ठेस पहुंचाते हैं और यह मानसिक क्रूरता के बराबर है, जिसके कारण याचिकाकर्ता तलाक के आदेश की मांग करने का हकदार है.'

http://aajtak.intoday.in/story/false-allegations-of-infidelity-are-cruelty-says-high-court-1-737339.html

Wednesday, 24 July 2013

Now, a helpline for harassed men

Now, a helpline for harassed men

KOZHIKODE: A legal aid centre formed by victims of dowry law (IPC498A) and other anti-men laws is launching a helpline for clients. The JanamithramJanakeeyaNeethiVedi, launched three years ago, promises that the service will be available round the clock from August 11.

The facility, offering legal aid and steps to tackle fabricated cases, will be launched in Malayalam in the first phase. The helpline numbers will be 9387469083 and 9142930682.

Vedi president M A Ibrahim Ravuthar said the increasing instances of misuse of laws, anti-men directives of family courts and the new amendment to Hindu Marriage Act had forced the 5,000-member-strong organization to launch the helpline. "The number of educated women misusing IPC section 498A to harass their husbands and other relatives is on the rise. We are looking to help such people," he said.

The genuineness of cases will be verified with the help of organization members in the respective districts. Legal aid to face fabricated cases will be provided to only those whose claims are found to be genuine in the verification process.

"The organization will also seek to work like mediators for the speedy disposal of cases. We have already contacted similar organisations in other states to work together. The helpline can benefit even those who don't know whom to approach for help,'' Ravuthur said.

"We will also provide legal aid with the help of police and state legal services authority,'' he added.
 http://timesofindia.indiatimes.com/city/kozhikode/Now-a-helpline-for-harassed-men/articleshow/21290465.cms?fb_action_ids=185487584954514&fb_action_types=og.likes&fb_source=other_multiline&action_object_map={%22185487584954514%22%3A282026641937032}&action_type_map={%22185487584954514%22%3A%22og.likes%22}&action_ref_map=[] 

Woman accused of murdering a doctor 'couriers' his severed private part to wife

Woman accused of murdering a doctor 'couriers' his severed private part to wife


The gruesome murder of a 42-year-old government doctor in Kanpur has taken a bizarre turn with the woman accused of the crime now being suspected of having couriered the victim's severed private part to his wife, police said on Tuesday.
The main accused woman in the case, who is yet to be traced, was present with the victim in the hotel where he was later found murdered, police said. Kanpur (rural) SP KS Singh said that en route to delivering the package, the courier saw blood stains on it and contacted the police who seized the parcel after seeing its contents. Police is sending the organ to a forensic laboratory in Lucknow for a DNA test, he said.
Meanwhile, the deceased's brother has filed an FIR against an unknown doctor, hotel manager Anup Srivastav, and three other hotel employees, they said. 


Satish Chandra, posted at Amrodha Primary Health Centre in Kanpur Dehat area, was found dead on Sunday at a hotel in the Rania area. Infuriated over the shocking incident, doctors in government hospitals on Monday called a strike and demanded justice for the victim. They demanded immediate arrest of all the accused and security for themselves, police said.
The doctors, who had taken part in the strike called by the PMM Association, have all resumed work from Tuesday, Kanpur Dehat CMO Karan Singh said. But they have warned that if the accused are not arrested immediately, all services at hospitals, barring emergency duties, would be suspended.
According to police, Chandra's post-mortem report mentions excessive bleeding caused by a cut from a sharp weapon as the reason for death. The features described by the courier company employees match with that of the accused woman. She was in her mid-twenties and wearing a salwar kameez, he said. 

http://ibnlive.in.com/news/woman-accused-of-murdering-a-doctor-couriers-his-severed-private-part-to-wife/408982-3-242.html



'New law for live-in partners up to judiciary'

'New law for live-in partners up to judiciary'

GURGAON: Even as city police officers do not want to comment officially on the trend of live-in relationships and its legal implications and about the recent spate of rape allegations against former live-in partners, some of them, talking off the record, are of the opinion that it is a wrong way to seek revenge after a relationship has gone sour.

Police investigating such cases have found that most of these allegations start after the partners have decided to end their relationship. Police have also found that in all the cases, it is the female partner who seeks legal action.

Such a case is filed under the same section as rape, that is, Section 376 of the Indian Penal Code.

Experts say while introducing a new law for live-in relationships is difficult and complex, it is time the judiciary looked into the issues arising from a live-in relationship.

"The Supreme Court in various judgments has held that consensual sex between two adults can't be termed rape. But the younger generation thought that was a green light for live-in relationships, that they need not marryl; 'indulge in sexual gratification'; and then walk out any time without taking any responsibility. This may not be a correct impression," said Harish Malhotra, a Gurgaon-based lawyer.

In some cases, the Supreme Court has held that the consent obtained by false promise of marriage is no consent, and therefore it is rape.

"If any unmarried couple of the right legal age is "involved in sexual gratification", this will be considered a valid marriage and they could be termed "husband and wife", the Madras High Court has ruled in a judgment that gives a new twist to the concept of premarital sex," added Malhotra.

The court said if a bachelor has completed 21 years of age and an unmarried woman 18 years, they have acquired the freedom of choice guaranteed by the Constitution. "Consequently, if any couple chooses to consummate their sexual cravings, then that act becomes a total commitment with adherence to all consequences that may follow, except on certain exceptional considerations," he added.

The June 17, 2013 Madras high court verdict

The petitioner A, a Hindu, and respondent OH, a Muslim, lived under one roof, had sexual relations, and had two children between 1994 and 1999. There was documentary proof that OH was the father of at least the second of such children. There was also proof that OH had applied for a "family card" for himself, A and the two children. However, A's marriage to OH was not registered in the Islamic marriage register, the Nikah book. In 1999, OH deserted A and her two minor children.

In 2000, she filed for maintenance of Rs 5,000 per month from him for herself and the two children, claiming that he earned Rs 25,000 per month from his business. OH denied that A was his wife, said she was a "dubious" woman, who was his coworker, and that there was no documentary proof of religious solemnization of marriage between them.

The family court judge observed that though the two children belonged to the respondent and were each entitled to a maintenance of Rs 500 per month from OH, and while A was entitled to Rs 1,000 per month from OH towards litigation expenses, A was not the wife of OH in the absence of documentary proof supporting their marriage.

However, when A filed a revision petition against this order of the family court, Justice CS Karnan at the Madras high court held that customary rites are not necessary to solemnize a valid marriage, and as long as there is no legal bar to A and OH's marriage, while they have also had children together, A's status has been elevated to 'wife' of OH.

Justice Karnan then went on to hold that if a man and a woman of marriageable age have a sexual relationship and the woman becomes pregnant, the couple will be treated as a husband and wife. Even when there is no pregnancy but strong documentary proof of sexual relationship, the couple will still be treated as married. If after having a sexual relationship the couple decides to separate, the husband can only marry another woman after a decree of divorce from the wife. Either part in such couples can approach a family court for declaration of valid marriage.

Karnan directed OH to pay a monthly maintenance of Rs 500 to A, applicable from September 2000, and the arrears of such maintenance until May 2013 within three months.
 http://timesofindia.indiatimes.com/city/gurgaon/New-law-for-live-in-partners-up-to-judiciary/articleshow/21289236.cms 

Wednesday, 17 July 2013

Government likely to discuss GoM's recommendations on marriage laws

Government likely to discuss GoM's recommendations on marriage laws


The government is likely to consider on Wednesday the recommendations of a Group of Ministers (GoM) to make marriage laws more women friendly. One of the key issues the GoM was asked to decide was whether a court can work out "sufficient compensation" for a woman from her husband's ancestral property in case of divorce which takes place on the grounds of "irretrievable breakdown of marriage".
The GoM, set up recently to decide on the Marriage Laws (Amendment) Bill, was also asked to decide on whether a judge can exercise discretion in granting divorce if one of the partners does not move a second 'joint application' for divorce with mutual consent. But there is a view contrary to the proposal within the government. Sources said there is a view that by allowing courts the discretion to allow divorce would fail the very purpose of seeking it on the grounds of mutual consent.
They said if one of the parties refuses to move a joint application, then the other should be allowed to file for a divorce on other grounds than mutual consent. While the bill has a provision for share in a husband's self-acquired property, a new clause - 13 f - was discussed by the GoM headed by Defence Minister AK Antony. It says if the ancestral property cannot be divided, then the woman should get sufficient compensation by calculating husband's share in it. The amount of the compensation can be worked out by the court hearing the divorce case.

http://ibnlive.in.com/news/government-likely-to-discuss-goms-recommendations-on-marriage-laws/407171-3.html

Married or not, domestic violence act binding, says Kerala HC

Married or not, domestic violence act binding, says Kerala HC


Kochi: In a significant ruling, the Kerala High Court has held that a woman is entitled to get protection under the provisions of the Protection of Women from Domestic Violence Act even if she was in a live-in relationship. 'What was intended under Sect 2(a) of the Act was a relationship of the same nature as marriage and nothing more', Justice K Harilal said in his order on Tuesday while dismissing a petition filed by a man hailing from Cherthala in Alapuzha district against a complaint from his live-in partner seeking protection from domestic violence and compensation.
According to Justice Harilal, "The couple must have lived together akin to spouses. That alone is sufficient. The legislature intent of the Act itself is to give protection to the women who were living with the husband in the nature of a marriage without a legal marriage."
The petitioner's contention was that the complainant was not a wife as per Sect 2(f) of the act and there was no domestic relationship them.

http://ibnlive.in.com/news/married-or-not-domestic-violence-act-binding-says-kerala-hc/407277-62-126.html

Thursday, 11 July 2013

Woman told to pay Rs 5 lakh to in-laws

Woman told to pay Rs 5 lakh to in-laws 



Yamunanagar, April 25
In a significant judgment, a local court has imposed a fine of Rs 5 lakh on a woman, who had made a frivolous complaint against her in-laws for dowry.

The Judicial Magistrate said many instances had come to light where the complainants were not bonafide and had been filed with an oblique motive. The magistrate termed the case as a classic example for such an instance.
Kanwalpreet Kaur of Model Town here had filed a complaint against brothers-in-law Davinder Pal Singh, Amarjeet Singh, Satwinder Singh and Gurbinder Singh, mother-in-law Gurbachan Kaur, sisters-in-law Balwinder Kaur and Jaswinder Kaur and niece Ritu under Sections 498-A in 1997. The court had quashed the names of Balwinder, Jaswinder and Ritu from the case in 2002.
Kanwalpreet was married to Navjeet Singh in 1992. In her complaint, she had alleged that her in-laws were harassing her for more dowry. She had claimed that her brothers had given Rs 1.5 lakh to her in-laws in three installments. She had further alleged that she was thrown out of the house.
In the order it had been said the remaining five accused were made to suffer on account of baseless and malicious allegation. To prevent such abuse of beneficial provision of Section 498-A of the IPC by women in future, the magistrate dismissed the complaint and acquitted the accused of the charges.
The court directed Kanwalpreet to pay Rs 1 lakh to each of the five persons.
 

http://www.tribuneindia.com/2007/20070426/haryana.htm#5 

Monday, 8 July 2013

Rape accused IRB constable commits suicide

Rape accused IRB constable commits suicide

An IRB constable, who was accused of raping a woman on Friday, committed suicide late on the same day even as the GRP found no suicide note on him.
A woman from Jharsa area here had accused constable Balkrishna of raping her at his government quarter at IRB Bhondsi on Friday.
Late on Friday evening, the GRP was informed that a body was found on platform number 1 on the Delhi-Gurgaon route. The identity card found on the body identified the person as 38-year-old Balkrishna.
Satish Kumar, incharge of the GRP police station, said the constable had committed suicide by throwing himself in front of a moving train at 5.40pm on Friday. IRB Bhondsi has been informed of the incident.

http://www.hindustantimes.com/India-news/Gurgaon/Rape-accused-IRB-constable-commits-suicide/Article1-1088463.aspx