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Showing posts with label family. Show all posts
Showing posts with label family. Show all posts

Thursday, 12 September 2013

Woman held for Bangalore techie's suicide

She mailed him photos of a friend, lied about her job, and cooked up her 'wedding'.
Police, on Friday, arrested a 23-year-old woman who allegedly drove Sriraj Subramanian, an IT professional, to suicide.
Gayatri alias Jennifer, a resident of KR Puram and working with a private bank’s tele-marketing department, trapped him in online romance by mailing him fake photos and false messages.
According to deputy commissioner of police (east) TG Krishna Bhat, Gayatri used to send him photos of her beautiful friend. She also mailed him false information about her job by claiming that she was working as an IT professional in a top firm. The girl had just passed 7th class.
Sriraj immediately fell in love with her. As the romance progressed, he was longing to meet her. Then came the shock when, one day, he received a mail saying that she was getting engaged with ‘David’ living in England.
He believed her and his world crashed. The love-sick youth had only one choice left.
He took some sleeping pills, got into the rear seat of his black Volkswagen, ran cell tape all over his legs, covered his head with a plastic bag and put on the seat belt to embrace death.
On Tuesday morning, people found his body in that posture at AECS Layout near Kundalahalli in the limits of Mahadevapura police station.
The police initially took it as a case of murder. But further investigation and the post-mortem report confirmed that he had committed suicide.
They soon traced the woman who had driven him to the extreme by checking his emails. The last e-mail, the longest he had ever sent, was around 2.37 am on Tuesday.
In it he told her how she should behave with her kids and husband in future. She should never to scream at her children. He also requested her to name her daughter as Kate and son as Jack.
http://www.dnaindia.com/bangalore/1693850/report-woman-held-for-bangalore-techies-suicide 

Court acquits two in dowry death case as complainant-cum-witness turns hostile

A local court on Tuesday acquitted two persons charged with abetment to suicide, as the complainant-cum-witness turned hostile.
Pawan, accused in the case was married to Sunita, who died after jumping from the third floor of her house in Sector 15-C on March 25 this year. Pawan allegedly harassed his wife for dowry. Sunita's brother Rajesh, who is the complainant in the case, had alleged that Pawan and his father Nand Kishore harassed his sister for money, following which a case was registered under Section 306 (abetment to suicide) of Indian Penal Code against them.
According to the complainant, he got a call on March 25 around 4 pm from the accused and was informed that his sister has been injured and has been taken to PGI. Around 7 pm on the same day his brother got a call that Sunita has jumped from the third floor of her house.
Rajesh, in his initial complaint, had alleged that Pawan and Nand Kishore demanded cash and motorbike. He had also told the police that they spent around Rs 12 to 15 lakh in the marriage which took place in 2000.
According to Rajesh, Sunita, a mother of two children, was not given proper food and was not allowed to meet her children. She was also sent to her parents ancestral home after marriage for some time. He said a local panchayat at her parents home tried to resolve the issue on several occasions.
However, Rajesh later turned hostile and refused to accept that he made any statement before the police regarding the amount of money being spent on the marriage. He also denied that he made any statement about any panchayat being held to resolve the dispute.

http://www.indianexpress.com/news/court-acquits-two-in-dowry-death-case-as-complainantcumwitness-turns-hostile/1167505/ 

नौकरी से निकाला तो की मालिक के बेटे की हत्या

नौकरी से निकाले जाने से नाराज एक युवती ने दिल्ली में मंगलवार रात प्रॉपर्टी डीलर के बेटे की चाकू मारकर हत्या कर दी। युवती ने उसकी पत्नी पर भी हमला किया।

नाकाम होने के बाद उसने खुद को चाकू मारकर खुदकुशी का प्रयास किया। उसे जख्मी हालत में दीनदयाल उपाध्याय अस्पताल में भर्ती कराया गया, जहां उसकी हालत नाजुक बनी हुई है।

पुलिस के अनुसार, सुशील गुप्ता सपरिवार अंबिका विहार में रहता है। उसके परिवार में पत्नी अनिता, बेटी स्वाति और बेटा वरुण (25) था। सुशील सुंदर विहार में प्रॉपर्टी का काम करता है।

मंगलवार रात अनिता अपने बेटे के साथ घर में मौजूद थी। इसी दौरान उसके पति के कार्यालय में कंप्यूटर ऑपरेटर का काम करने वाली आशा (25) उसके घर पर आई।

आशा अनिता से नौकरी से निकाले जाने और वेतन के रुपए नहीं दिए जाने पर नाराजगी जता रही थी। अनिता ने कार्यालय की बात कार्यालय में पति से करने की बात कही और उसे काफी समझाया।

कुछ देर बाद अनिता उसके लिए चाय बनाने के लिए रसोई में चली गई। इसी दौरान बेटे वरुण की चीख सुनकर वह पीछे मुड़ी। उसने आशा के हाथ में चाकू था और पास ही वरुण लहूलुहान अवस्था में पेट पकड़कर बैठा हुआ था।

'पूरे परिवार को खत्म कर देगी'
आशा ने कहा कि वह आज पूरे परिवार को खत्म कर देगी और अनिता पर चाकू से हमला कर दिया। इसी दौरान स्वाति आ गई और उसने आशा को पकड़ने का प्रयास किया। पकड़े जाने की डर से आशा ने अपने पेट में चाकू से दो वार कर लिए।

सूचना पर सुशील घर पहुंचा और दोनों को अस्पताल में भर्ती कराया, जहां उपचार के दौरान वरुण की देर रात मौत हो गई। आशा की हालत नाजुक बनी हुई है। उसे निजी अस्पताल से दीनदयाल उपाध्याय अस्पताल रेफर कर दिया गया है।

पुलिस अनिता की शिकायत पर हत्या, हत्या का प्रयास और खुदकुशी के प्रयास का मामला दर्ज कर जांच कर रही है। आशा को दो दिन पहले ही सुशील ने काम से निकाल दिया था।

http://www.amarujala.com/news/crime-bureau/woman-killed-her-employer-s-son-in-delhi/ 

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 

अच्छी बहू: पढ़ें एक वर्किंग वुमन की उम्मीदें

Is this need or demand? Already feminism reached its high then why do we need these kind of news paper articles?


हमने 'अच्छी बहू' पर एक बहस शुरू की है। इस बहस में लोगों ने जबर्दस्त ढंग से पार्टिसिपेट किया। इस पर बेशुमार प्रतिक्रियाएं मिलीं। इसी क्रम में हमारी एक रीडर ने हमसे अपनी 'उम्मीदें' एक कविता के जरिए शेयर की। रीडर की यह अनुभूति दिल को छू लेने वाली है।

यह कविता मूल रूप से अंग्रेजी में है, लेकिन हमने आपके लिए इसका भावार्थ हिंदी में भी कर दिया है। इसे पढ़ें और इस पर अपनी प्रतिक्रिया दें:-

Tomorrow u may get a working woman, but you should marry her with these facts as well...
Here is a girl, who is as educated as you ; Who is earning as much as you ;

One, who has dreams and aspirations just as you have because she is as human as you are ;

One, who has never entered the kitchen in her life just like you or your Sister haven't, as she was busy in studies and competing in a system that gives no special concession to girls for their culinary achievements.

One, who has lived and loved her parents & brothers & sisters, as much as you do for 25 years of her life ;

One, who has bravely agreed to leave behind all that, her home, people who love her, to adopt your home, your family, your ways and even your family name

One, who is somehow expected to be a master-chef from day #1, while you sleep oblivious to her predicament in her new circumstances, environment and that kitchen

One, who is expected to make the tea, first thing in the morning and cook food at the end of the day, even if she is as tired as you are, maybe more,

and yet never ever expected to complain ;

to be a servant, a cook, a mother, a wife, even if she doesn't want to ; and is learning just like you are, as to what you want from her ; and is clumsy and sloppy at times and knows that you won't like it if she is too demanding, or if she learns faster than you.

One, who has her own set of friends, and that includes boys and even men at her workplace too, those, who she knows from school days and yet is willing to put all that on the back-burner to avoid your irrational jealousy, unnecessary competition and your inherent insecurities.

Yes, she can drink and dance just as well as you can, but won't, simply

Because you won't like it, even though you say otherwise.

One, who can be late from work once in a while when deadlines, just like yours, are to be met.

One, who is doing her level best and wants to make this most important relationship in her entire life a grand success, if you just help her some

and trust her.

One, who just wants one thing from you, as you are the only one she knows in your entire house - your unstinted support, your sensitivities and most importantly - your understanding, or love, if you may call it that.

But not many guys understand this...


हिंदी में भावार्थ:-

कल को आपकी शादी एक वर्किंग वुमन से भी हो सकती है, मगर शादी करने से पहले आपको इन बातों का ख्याल रखना होगा;

एक लड़की है, जो आपकी तरह ही पढ़ी-लिखी है और कमा भी रही है। उसके ख्वाब भी आपकी तरह ही हैं, क्योंकि वह भी आपकी तरह इंसान ही तो है। वह लड़की 25 सालों तक अपने पैरंट्स और भाई-बहनों के साथ रही, ठीक आपकी ही तरह। जिसने बड़ी ही बहादुरी से अपने घर और परिजनों को छोड़ने का फैसला कर लिया, ताकि आपके घर, आपके परिवार, तौर-तरीकों और परिवार के नाम को अपना सके।

जब वह लड़की नए हालात, नए माहौल से जूझ रही होती है, तब आप बेखबर होकर सो रहे होते हैं। और उस लड़की से उम्मीद की जाती है कि पहले ही दिन वह मास्टर शेफ बन जाए। वह लड़की कभी किचन में नहीं गई थी। ठीक आपकी बहन की तरह, जो कि अपनी पढ़ाई में बिज़ी होने या फिर दूसरे संघर्षों की वजह से ऐसा नहीं कर पाई। मगर ये सब बातें उस लड़की को किचन में किसी तरह की रियायत नहीं दिला पातीं।

उससे सुबह उठकर सबसे पहले चाय बनाने की उम्मीद की जाती है और दिन के आखिर में खाना बनाने की चाह रखी जाती है। इस बात का कोई फर्क नहीं पड़ता कि वह आपकी ही तरह या आपसे ज्यादा थकी-मांदी है। वह नौकर, कुक, मां और पत्नी जैसी भूमिकाएं एक साथ निभा रही होती है। भले ही यह सब करने का उसका मन न हो, मगर वह ये सब करती है। और ऊपर से उससे उम्मीद की जाती है कि वह इसके लिए उफ तक न करे।

वह समझने की कोशिश करती है कि आप उससे क्या उम्मीदें रखते हैं, क्या चाहते है। मगर उसे यह भी मालूम रहता है कि आपको उसका डिमांडिंग होना पसंद नहीं आएगा। उसे यह भी मालूम है कि अगर वह आपके मुकाबले जल्दी से सीखती-समझती है, तो आपको यह बात भी पसंद नहीं आएगी।

उसके अपने दोस्त होते हैं, जिनमें लड़के और उसके ऑफिस में काम करने वाले पुरुष भी शामिल हैं। वे लोग भी, जिन्हें वह स्कूल के दिनों से जानती है। मगर वह उन सबको छोड़ने के लिए तैयार है, ताकि आपको किसी तरह की जलन न हो और बेवजह इनसिक्यॉर न हो जाएं। हां, वह आपकी ही तरह ड्रिंक कर सकती है, डांस कर सकती है, मगर वह ऐसा नहीं करती। भले ही आप कुछ भी कहें, मगर आप इसे पसंद नहीं करेंगे। वह काम की डेडलाइन्स को पूरा करने के लिए कभी-कभी ऑफिस से लेट भी हो सकती है, जैसे कि आप भी होते हैं।

अगर आप उसकी थोड़ी सी मदद करें और उस पर ट्रस्ट करें, तो वह अपनी तरफ से पूरी कोशिश करती है कि ताकि उसकी जिंदगी का सबसे खास रिश्ता कामयाब हो। पूरे घर में वह आपके ही सबसे ज्यादा करीब होती है। उसे आपसे कुछ ज्यादा नहीं चाहिए, वह आपसे सपोर्ट चाहती है और चाहती है कि आप सेंसिटिव रहें उसे लेकर। जो बात उसके लिए सबसे ज्यादा मायने रखती है, वह यह कि आप उसे समझें। जी हां, इस सब को आप प्यार कह सकते है। यानी वह बस इतना चाहती है कि आप उसे प्यार करें।

मगर बहुत कम लोग हैं जो इस बात को समझते हैं...

  http://navbharattimes.indiatimes.com/home-and-relations/ladies-special/working-women/articleshow/22438856.cms

Monday, 9 September 2013

Adultery is not cruelty, Supreme Court says

NEW DELHI: Merely being "intimate" with another woman is not sufficient ground for a man to be held guilty of inflicting cruelty on his wife on the charge of failing to discharge his marital obligations, the Supreme Court ruled on Monday.

Only if treatment meted out to the wife is of a nature as is likely to drive her to commit suicide will it fall within the ambit of Section 498A of IPC, a provision of the penal code providing up to three years in jail, said the bench.

"We are of the view that the mere fact that the husband has developed some intimacy with another, during the subsistence of marriage, and failed to discharge his marital obligations, as such would not amount to cruelty," said a bench of Justices K S Radhakrishnan and P C Ghose.

The SC reading of what constitutes cruelty brought relief to a man who had been convicted by both the trial court and the high court for behaviour that resulted in the suicide of his wife due to an alleged extra-marital affair at his place of work.

The ruling came in a case where the wife committed suicide suspecting the husband of intimacy with a woman colleague in office. The trial court and the Gujarat high court held him guilty under Section 498A for causing cruelty to his wife and under Section 306 of IPC for abetting suicide.

"Harassment, of course, need not be in the form of physical assault and even mental harassment also would come within the purview of Section 498A IPC. Mental cruelty, of course, varies from person to person, depending upon the intensity and the degree of endurance, some may meet with courage and some others suffer in silence, to some it may be unbearable and a weak person may think of ending one's life," the bench said.

But keeping in view the case before it, the apex court set aside the concurrent judgments to exonerate the man of any wrongdoing and said, "We, on facts, found that the alleged extra-marital relationship was not of such a nature as to drive the wife to commit suicide or that A-1 (husband) had ever intended or acted in such a manner which under normal circumstances, would drive the wife to commit suicide."

Writing the judgment for the bench, Justice Radhakrishnan said to charge a husband for abetment of suicide, the prosecution must establish that the wife's suicide was a direct result of the extra-marital affair.

"Prosecution has to establish beyond reasonable doubt that the deceased committed suicide and the accused abetted the commission of suicide. But for the alleged extra-marital relationship, which if proved, could be illegal and immoral, nothing has been brought out by the prosecution to show that the accused had provoked, incited or induced the wife to commit suicide," the court said.

"We have on facts found that, at best, the relationship of A-1 (the husband) and A-2 (the other woman) was a one-sided love affair. The accused might have developed some liking towards A-2, his colleague, (but) all the same, the facts disclose that A-1 had discharged his marital obligations towards the deceased. There is no evidence of physical or mental torture demanding dowry," the court said.

Referring to the wife's suicide note, the bench said, "On reading the suicide note, one can infer that the deceased was so possessive of her husband, and was always under emotional stress that she might lose her husband. Too much of possessiveness could also lead to serious emotional stress, over and above the fact that she had one abortion and her daughter died after few days of birth." 
 http://timesofindia.indiatimes.com/india/Adultery-is-not-cruelty-Supreme-Court-says/articleshow/22445870.cms 

Bail, not jail, the norm, says SC, but the reality is opposite

MUMBAI: Bail, not jail, is a dominant principle of criminal law practised by every mature democracy and in India often in its breach. Be it A Raja or Kanimozhi in the 2G case, Suresh Kalmadi in the CWG case or Asaram, facing an unproven sexual assault charge, once a case becomes high profile courts are diffident to grant bail even if that flies against the express directive of the Supreme Court.
The same neglect of the principle is often seen in the case of thousands of undertrial prisoners — people who fall in a category that's quite the opposite of the high-profile cases; men and women without resources, financial or political — who are left to languish in jail for want of bail orders from trial courts.
A Mumbai lawyer says: "It's not only the underprivileged who fail to secure justice at a pre-trial stage, even highprofile arrests — cases that attract media hype — are often denied bail without adequate reasons for days or months." While releasing a bunch of accused in the 2G scam case, the SC reinforced that bail ought to be a norm, not jail.
Stiff opposition by police to bail applications even when investigations are over and the accused not likely to flee, has become the norm, lawyers said. Senior crime counsel Amit Desai said: "The court must be alive to the fact that liberty, a fundamental right, is taken away in such instances. It must ensure that the investigating officer concentrates on investigation that requires an accused to be in custody so that he can secure his liberty at the earliest.''
Police often treat denial of bail as an "easy route'', say experts. "Trials take time to begin. Often pre-trial incarceration exceeds maximum punishment for the charges invoked or becomes an incentive for police not to create a water-tight case on evidence,'' said advocate Saurabh Kirpal from Delhi. He added: "It becomes an easy route not to work hard at getting a conviction and treat pre-trial custody as substitute punishment."
There are times when despite long pre-trial jail, the case may end with an acquittal, which makes a mockery of justice. The need for an arrest is to secure presence of the accused for investigation, prevent further crimes and escape, make the community safer if the accused is prone to violence, and witness tampering. When these factors are absent, bail should be automatic.
Ashok Desai, former attorney general, said, "The object of denying bail cannot be punitive because punishment starts after conviction. Until then the accused is deemed innocent. Although bail, not jail, is the principle, there are two main factors to deny bail — possibility of the accused absconding and probability that he may interfere with the investigation and witnesses.
"A court has to balance the valuable right of liberty and the interest of society. It's here that often the prosecution suggests that if the offence is serious or the accused is an influential person, there's a danger of his absconding. This is why courts can impose conditional bail. If a condition is transgressed, the bail can be cancelled. Bail cannot be denied to teach a lesson to one whose offence is yet to be proved."
A series of commissions, from the third police commission to the law commission, stressed how police misuse arrest-powers. Ram Jethmalani, ace defence counsel, has for decades stressed that "pretrial arrest is neither meant to be punitive nor a punishment before verdict. It's meant to facilitate investigation." If an accused cooperates with the police and submits himself for investigation there's no justification for arrest, he said.
Senior Supreme Court counsel CA Sundaram said that legally, bail is a right. Advocate Harshad Ponda said liberty is guaranteed as a fundamental right. Under the right to life, liberty cannot be denied without adequate reason. Except when justified in heinous crimes such as rape, murder and dacoity.
Added Shrikant Bhat, a leading crime counsel in Mumbai: "The SC in 1994 laid down guidelines that hold good today. It proscribed police from using their power to arrest, just because it exists, without justification." Advocate Aabad Ponda said: "The amendment to the CrPC is to bring in some checks on indiscriminate and liberal arrests without any warrant by police.'' Every offence classified as non-bailable does not justify an arrest, said advocate Anand Grover.
Even in jurisdictions abroad, as in Florida, the law is firm that bail applications be decided on grounds that don't impinge on a person's liberty more than necessary to aid investigation or secure society's interest.

http://articles.timesofindia.indiatimes.com/2013-09-08/india/41873447_1_denying-bail-conditional-bail-cwg-case

Tuesday, 3 September 2013

Marriage law amendment bill 2010 and the Murder of Democracy

26th August 2013 is a day that will live in infamy for Indian democracy when the country witnessed the broad daylight murder of democracy and principles of natural justice on the very floors of Indian Parliament. This is the day when the proposed Marriage Laws (Amendment) Bill 2010 was cleared by the Rajya Sabha even after the opposition from men’s rights groups and some members of the House. The shocking aspect of the whole debate was the Minister of Law and justice Shri Kapil SIbal made statements in support of this law, which were grossly misleading and downright incorrect. The minister in his desire to get this law passed was generous with misleading statements and very economical with the truth.
The ground reality &repercussions of the law are severe on husbands and their families.
1. Husbands will lose their hard-earned property (self-acquired, inherited or inheritable) if their marriage breaks.
2. Husbands will still face other false cases under Section 498A, Domestic Violence Act, Section 125 CrPC, etc. and get extorted further.
3. Husbands will lose your children to their estranged wife who will poison them against you and the Govt. would aid her in doing so.
4. Husbands will become bankrupt if their wife decides to leave you or you are unhappy in the marriage.
5. Husbands would have no right to appeal as now your extortion is codified in the law and power has been wrested with the insensitive and anti-male Indian judiciary.
The Govt. chose to brush aide the aforementioned concerns of men’s welfare groups giving a clear message that the Govt. in India is not interested to work in men’s favor to even an iota’s extent. It’s up to the men now to realize as to whether they should vote for such political parties or even pay tax to such a Govt.
Some of  the arguments that were used by Honourable Minister of Law and Justice, Shri Kapil Sibal to help build a case for this law were grossly misleading and totally inaccurate . His statements and our counters are as below.
1. India is a patriarchal society; hence laws must be pro-women.

This is a big myth which is conveniently used to pass any anti-male law. If the society was indeed patriarchal, then in that case, the laws would have protected a man’s right. Why would a patriarchal society even bother about women and pass so many anti-male laws just to appease women? Actually Indian society has never been patriarchal. Life has always been tougher for men compared to women. Men have always been expected to take more pains and make more sacrifices compared to women and when men try to speak about their rights, their own fellow men work against them and suppress them. It is just a convenient argument to support anti-male laws so that men can be continuously harassed and tortured in order to make them work for the betterment of the society.
2. World over 2% of assets are owned by women, so since 98% of property is owned by 50% of the population i.e. men, hence women must get free property at the cost of men.
This is another grossly incorrect statement propagated by feminists and is not true because till date no authentic data source has been traced to, which scientifically proves the contention and it’s virtually impossible to do so as no one has access to this level of global data. And any amount of sample study done won’t suffice because no statistical model can simulate data for the entire globe with dynamics so varying and so complex. Secondly, even if we hypothetically assume that the contention is true, even then, men own those assets by sheer virtue of their grit, determination and hard work. No law was ever framed to have men a free run on properties by virtue of their relationship status that would enrich themselves. Then, why do we want to enrich women by robbing things off men? And such a mathematically weak argument coming from an eminent lawyer and a graduate from Harvard Law School is equally shamming for India.
3. This law is gender-neutral as both husband and wife can apply for divorce.
This a grossly misleading and untrue statement When it comes to property division, only husband’s property will be considered and even if wife owns property she can keep it, while claim a share in husband’s property.
4. We are only considering post-marital property but will take into account inherited and inheritable property.
This is a big grossly misleading statement. SIFF has seen the draft of the bill, which clearly mentions that any property owned by the husband at the time of divorce, whether it is inherited, inheritable or self-acquired, shall be considered for division. However, our learned law minster chose to mislead and said we are talking of only post marital property, however, inherited and inheritable property shall be taken into account while deciding the case. Does this mean this was deliberate attempt at misleading the members of the parliament to get this bill passed ?
Money and Property Transactions in Courts will lead to massive corruption and extortion. Lawyers have something to be happy about this IRBM law. But, the common man will suffer very badly. We have to wake up to the new reality that most men are losing faith on Indian Family court system and judiciary.
Leaving the whole issue to Judiciary is not good idea. There may be some good judges, but that does not mean enoromous powers and distrition of wresting someone’s property be vested with lower judiciary. Most poor people will lose their property running around courts for years and paying lawyer fees.
We will see lawyers welcoming laws that give more and more power to law enforcement systems, because they are bound to gain a lot from people’s misery. When Govt planned to amend Criminal Procedure Code to reduce arrests under 498a to stop its misuse, lawyers protested against this move claiming they will not be able to make big money from bail fees from men and their families.
Rajya Sabha member Pyarimohan Mahapatra said during that debate that according to Transparency International 36% of Indian Judiciary is corrupt. Now, the same corrupt Judiciary will decide how to divide the property of husband and his parents to give to  the wife.
Law Minister Kapil Sibal has nothing to say about forcing parents to give a share of their property to daughters, when people are not following this law. Yet, he is interested in giving someone’s property to daughter-in-law, if she decides get divorced for their son. In fact, their son can not even oppose the divorce, that she files.
Kapil Sibal has made the women’s empowerment into a zero sum win lose game. He believes if women have to gain, men have to lose badly. This will not auger well for Indian society on a long run.
We hereby most respectfully demand that the marriage law amendment bill not be introduced in Loksabha in this form and that he Honourable Minister of Law and justice call for an open debate on the pros and cons of this law and clarify the reasons why he chose to be generous with misleading statements and so economical with the truth.

http://www.theindiapost.com/articles/marriage-law-amendment-bill-2010-murder-democracy?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+theindiapost%2FwkLb+%28The+India+Post%29 

False rape charge lands woman in prison for 4 years

A woman has been sentenced to four years in jail for levelling false allegations of rape against a man, who later committed suicide as he could not bear the stigma of spending 72 days in jail for a crime he did not commit.
Last December when the country was witnessing unprecedented protests against Delhi gangrape incident, 35-year-old Chanchal Rathore had accused her 53-year-old landlord, Roopkishore Agrawal, of raping her. However, during the trial, Chanchal admitted that she was not raped.
According to her, she had a quarrel with Agrawal when he had come to collect rent and the money her husband had taken as loan from him. Additional Sessions Judge Savita Dubey, who was hearing the rape case, later ordered that Chanchal be tried for giving a false statement.
The judge even appeared as a witness in the court of Additional Sessions Judge Indira Singh, who sentenced Chanchal to four years in jail under Section 211b of the IPC (making false charge of offence with an intent to injure). She has also been slapped a fine of Rs 10,000, non-payment of which will fetch another six months jail term for her.
Chanchal, who claimed to work for an NGO, was also sentenced to six months in jail under Section 182 (giving false information with an intent to cause public servant to use his lawful power to the injury of another person). Both sentences will run concurrently.
Chanchal is also being separately tried for abetment to suicide, punishable with a seven-year jail term.
Chanchal's husband Sunil, who took the money from the landlord to buy a Tata Magic vehicle, is also an accused in this case, said Additional Public Prosecutor Hemant Mungi.
Agrawal was found dead in his home on March 17, nine days after he was released on bail. In his suicide note, he had blamed Chanchal for his ordeal and his decision to take kill himself.

http://www.indianexpress.com/news/false-rape-charge-lands-woman-in-prison-for-4-years/1163643/

Thursday, 29 August 2013

HC asks sessions court to decide on bail plea of Yukta`s husband

MUMBAI: The Bombay HC on Wednesday asked a sessions court to decide on the anticipatory bail plea filed by former Miss World Yukta Mookhey's estranged husband Prince Tuli on August 30.

"The sessions judge has not taken into consideration that the offence under Section 498A is a continuing offence," said Justice Sadhna Jadhav. She said the trial judge did not consider the 15 non-cognisable offences, proceedings under the Domestic Violence Act and two complaints filed by Yukta. She had challenged the interim protection to Tuli and the sessions judge's observation that a case under Section 498 A could not be made out.

Additional public prosecutor P P Shinde told the high court that the investigation officer would place before the sessions court all the materials in the case, including the complaints filed by Mookhey.
 http://timesofindia.indiatimes.com/city/mumbai/HC-asks-sessions-court-to-decide-on-bail-plea-of-Yuktas-husband/articleshow/22130136.cms 

Encouraging Divorce - Children of divorced, illegally wedded wives of deceased officers entitled to pension


NEW DELHI: Children of divorced or those born to illegally wedded wife of a deceased all India services officer are entitled to get family pensions, according to new rules notified by the central government.
"Where the deceased member of service or pensioner is survived by a widow but has left behind eligible child or children from a divorced or an illegally wedded wife or wives, the eligible child or children shall be entitled to the share of family pension which the mother would have received at the time of the death of the member of service or pensioner had she not been so divorced or had she been legally wedded," they say.
All India services comprise IAS, IPS and Indian Forest Service.
Earlier, children born outside wedlock of a government servant had no claim on family pension and the legally wedded wife was the sole recipient of the post-retirement benefit.
The amended All India Services (Death-cum-Retirement Benefits) Rules, 1958, also have provisions to provide equal share of pension to more than one widow of a deceased officer.
The rules have a provision to recognise marriage and family of a member of the services after his or her retirement and have made such family member eligible to receive pension after the death of an officer.
They also provide for monetary support to mentally retarded children of an officer of Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFoS).
"If the son or daughter of a member of service is suffering from any disorder or disability of mind including the mentally retarded or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of twenty-five years, the family pension shall be payable to such son or daughter for life," the rules said.

If there are more than one such son or daughter suffering from disorder or disability of mind or who are physically crippled or disabled, the family pension shall be paid in the order of their birth and the younger of them will get the family pension only after the elder next above him or her ceases to be eligible, the rules clarified.

In case both wife and husband are members of service and are governed by the provisions of the rules and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of the death of the husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents, they said.

Retired all India service officials will also get additional pensions after completing 80 years of age, according to them.

Such retired government officials will get 20 per cent of additional pension after they complete 80 years of age, 30 per cent of after completing 85 years, 40 per cent after crossing 90 years of age, 50 per cent after reaching 95 years and 100 per cent of additional pension after completing 100 years of age, the rules said.

If there are more than one such son or daughter suffering from disorder or disability of mind or who are physically crippled or disabled, the family pension shall be paid in the order of their birth and the younger of them will get the family pension only after the elder next above him or her ceases to be eligible, the rules clarified.

In case both wife and husband are members of service and are governed by the provisions of the rules and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of the death of the husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents, they said.

Retired all India service officials will also get additional pensions after completing 80 years of age, according to them.

Such retired government officials will get 20 per cent of additional pension after they complete 80 years of age, 30 per cent of after completing 85 years, 40 per cent after crossing 90 years of age, 50 per cent after reaching 95 years and 100 per cent of additional pension after completing 100 years of age, the rules said.
 

Tuesday, 27 August 2013

Businessman kills self, in-laws booked

GURGAON: A 35-year-old businessman committed suicide here after accusing his wife and her parents of harassing him, police said on Tuesday. Six people from his wife's family were charged with abetment to suicide.

Amit Garg, a resident of Mandi Govindgarh in Punjab's Fatehgarh Sahib district, took poison and died here on Monday.

The coal businessman, who got married in February this year, had come to Gurgaon to meet his maternal uncle.

"Amit consumed poison at his uncle's house in Kendriya Vihar. He was rushed to a hospital and died during treatment," police official Pradeep Singh told IANS.

"The deceased left a suicide note blaming his wife and her parents for his extreme step," Singh said.

"I was badly harassed by my wife and his family. I have no other option but to end my life," the suicide note read. 
 http://timesofindia.indiatimes.com/city/gurgaon/Businessman-kills-self-in-laws-booked/articleshow/22098937.cms 

Monday, 5 August 2013

Study blames women for crimes against them

THIRUVANANTHAPURAM: At a time when governments are trying to provide more safety to women, a study report prepared by the Institute of Social Sciences, New Delhi, for the state police on various causes for crimes against women seems to be anti-women and regressive. The study cites economic independence of women, their response to crimes against them, dressing pattern, use of mobile phones by youngsters, boundaries of male-female relationships and ignorance on the part of women about their position as the causes, apart from some 50-odd disputable reasons.
The study collected data from 181 victims, 197 police officers, 40 social workers and 44 citizens with the sample size totalling to 462. The report 'Women Victims of Crimes in Kerala 2012-13' was prepared by Dr L Thara Bhai, a research coordinator of the institute. State police chief K S Balasubramanian received the report on Thursday. The office of the state police chief had taken up this initiative during 2012-13 with the help of the institute.

It is claimed in the submitted report that the prescriptive study to find causes also found solutions from public, social workers, police officers and victims themselves. The study gathered information regarding the victims' status after the crime was committed, their recovery and return to normalcy.
The study also found that crime against women is more visible among backward castes and SC/ST families, and 47.27% of the victims are from financially backward homes. "Income of the accused and crimes against women are correlated. Lesser the income, more the hatred towards the women in the family," stated the study that blamed poverty and alcoholism as the main causes for such crimes.
Thiruvananthapuram: At a time when governments are trying to provide more safety, freedom, respect and equality for women, various causes for crimes against women listed out in a study report prepared by the Institute of Social Sciences, New Delhi for the Kerala police are clearly anti-women and regressive.
The study carried out by the prestigious institute for State Police cites economic independence of women, women responding to crimes against them, dressing pattern, use of mobile phones by young girls and boys, cutting boundaries of male- female relationships and unawareness from the part of women of their position, are the causes of growing crimes against women, apart from other 50-odd disputable reasons.
The report 'Women Victims of Crimes in Kerala 2012-13' was prepared by Dr L Thara Bhai, research coordinator of the institute. State police chief K S Balasubramanian received the study report at the police headquarters on Thursday. According to the report, the office of the Kerala State Police Chief took the initiative to conduct a study on women victims of crimes in the state during 2012-13 with the help of the institute.
It is claimed in the submitted report that the 'prescriptive study aimed to find causes and tried to find solutions either from the public, or from the social workers or from the police officers or from the victim themselves and 'gathered information regarding the victims' status after the crime was committed on them and the long process of coming back to normalcy'.
The study also finds that crime on women is more seen among the backward castes and SC/ST families. Majority (47.27%) of the victims have are financially backward homes. 'Income of the accused and the crime on women are correlated. Lesser the income more the hatred to the women in the family,' according to the study that finds poverty coupled with alcoholism as the root causes for crimes in the study.
The data for the study were collected from 181 victims, 197 police officers, 40 social workers and 44 general public coming to a total sample size of 462.

http://articles.timesofindia.indiatimes.com/2013-08-01/thiruvananthapuram/40960516_1_women-victims-social-sciences-crimes 

Friday, 19 July 2013

Study finds divorced women’s trauma in securing alimony

Study finds divorced women’s trauma in securing alimony

NEW DELHI: While the Cabinet's decision on Wednesday may appear tipped in favour of women, a recent study shows that seeking maintenance through courts is fraught with delays and requires deep pockets. The countrywide study shows that in nearly 50% cases women did not seek maintenance from their husbands either because they lacked resources (41.5% women had no income after separation while 27% earned less than Rs 2,000 per month) or were unaware.

The government has set the ball rolling for bringing in an amendment to the marriage legislation that will give a woman right to the inherited or inheritable marital property. The compensation amount will be decided by the courts. Divorced or separated women in India have to depend on maintenance since there are no laws for sharing of marital property. The proposed law seeks to correct that but activists feel it does this only half-heartedly.

A survey — based on 405 divorced and separated women across the country — says that getting justice from courts has always been a gamble for women. The survey is part of the book "Separated and Divorced Women in India: Economic Rights and Entitlements in India'' authored by senior lawyer and AIDWA legal convener Kirti Singh. Women's rights activists have been consistently demanding a comprehensive legislation that would provide a women equitable share to marital property.

The survey found that vast majority (almost 60%) were living in marital homes acquired by in-laws and a large number (71%) were forced to live with their families post separation. After the separation 41.5% had no income and 27.4% earned less than Rs 2,000 per month. Although 58.5% surveyed were able to work outside their home, their earnings were too low for them to survive independently.

"In India there is absence of laws for division of marital property, when a separation or divorce takes place, the male spouse usually walks away with all moveable and immoveable assets of the household. The government's decision is just throwing women at the court's discretion and we have found that courts have been conservative in their decisions,'' Singh said.

Of the total, 47.4% (almost half) did not ask for maintenance after divorce. The reasons range from not knowing that they are entitled to ask for maintenance, to not having money to approach the courts or wishing not to be dependent on the spouse. As many as 48.8% of these maintenance cases are pending; in 41.8% of the case smaintenace had been allowed and in 9.4% of the cases their applications were dismissed. In 89 cases where maintenance was allowed, only 12 women reported receiving a satisfactory amount.

Of the 60 women who answered the question on the quantum of maintenance awarded to them, those with no income at all received merely 13% of the salary on an average for financial support. So not only were women given short shrift, they were also forced to wait for a long time before they received the paltry amount. Only in 35.6% of the cases filed in court, was maintenance granted within a year. The rest took anywhere between one and five years.
http://timesofindia.indiatimes.com/india/Study-finds-divorced-womens-trauma-in-securing-alimony/articleshow/21155954.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

Friday, 5 July 2013

Wives Are Cheating 40% More Than They Used to, but Still Half as Much as Men

Wives Are Cheating 40% More Than They Used to, but Still Half as Much as Men

According to recent data from the National Opinion Research Center's General Social Survey, American wives were nearly 40 percent more likely to be cheating on their spouses in 2010 than in 1990. The number of husbands reporting infidelity, meanwhile, stayed constant at 21 percent. Could women soon be catching up with male indiscretions in the world of infidelity? Yanyi Djamba, director of the AUM Center for Demographic Research, certainly seems to think so, telling Bloomberg that "the gender gap is closing" and explaining that men have been more likely to blame adultery on an unhappy marriage.
RELATED: One in Ten Europeans Were Conceived in IKEA Beds
What could be driving the rise of female cheating? Explanations abound, ranging from women's increased economic independence over the past several decades (women "can afford the potential consequences of an affair, with higher incomes and more job prospects," argued one sociologist) to  cultural shifts to the Internet (including but not limited to dating and extramarital meetup sites). The user data for one such service, Ashley Madison, more or less confirms the data, at least in terms of age brackets:
The ratio of males to females is greatest among users older than 65, with 14 men for every woman. The ratio is 4-to-1 among users in their 50s, 3-to-1 for spouses in their 40s, and evenly divided among people using Ashley Madison in their 30s.
But there's no word on whether or not the NORC survey contains data on same-sex marriages — which, of course, did not exist in the '80s — and how the patterns may change as more and more gay couples are legally able to <strike>commit adultery</strike> get married. What we do know is that executives and managers are more likely to cheat than any other career, supporting the notion that wealth and power plays a role in encouraging infidelity — but then was that ever really in doubt?

http://news.yahoo.com/wives-cheating-40-more-used-still-half-much-193141903.html