Showing posts with label family courts. Show all posts
Showing posts with label family courts. Show all posts
Thursday, 15 August 2013
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/
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/
Monday, 5 August 2013
Youth jumps from 5th floor of court buildin
KANPUR: A youth jumped from the fifth floor of the multi-storey
building of Kanpur Nagar on Saturday. He was immediately rushed to the
UHM Hospital where doctors pronounced him dead. He was later identified
as Anuj Kumar Gupta.
A suicide note was recovered from the body, wherein Anuj had accused his wife and in-laws of harassment. In the suicide note, Anuj, who had a grocery shop at Canal Road, said that on June 16, his wife had shifted to her parents' house along with all valuables and cash worth Rs 1 lakh.
At that time, he was in his shop. After coming to know of the incident, he contacted his in-laws but was abused and threatened of dire consequences. The in-laws demanded that he provide a space in his shop for his brother-in-law to run a business.
Anuj further wrote that he had submitted a complaint with the police and a copy of it to the SSP. However, the police took no action. In the letter, Anuj also accused his father-in-law of physical exploitation.
On Saturday, Anuj had rushed to the court to meet his counsel after receiving a call.
However, after failing to locate the counsel, he climbed to the fifth floor and jumped from there. The police informed his elder brother Amit Gupta of the incident.
After reaching the court premises, Amit told police that Anuj was in his shop till 11 am. After receiving a call, he rushed to the Birhana Road. Amit also said that he repeatedly tried to contact Anuj but his mobile was switched off.
http://articles.timesofindia.indiatimes.com/2013-08-04/kanpur/41057180_1_court-building-suicide-note-grocery-shop
A suicide note was recovered from the body, wherein Anuj had accused his wife and in-laws of harassment. In the suicide note, Anuj, who had a grocery shop at Canal Road, said that on June 16, his wife had shifted to her parents' house along with all valuables and cash worth Rs 1 lakh.
At that time, he was in his shop. After coming to know of the incident, he contacted his in-laws but was abused and threatened of dire consequences. The in-laws demanded that he provide a space in his shop for his brother-in-law to run a business.
Anuj further wrote that he had submitted a complaint with the police and a copy of it to the SSP. However, the police took no action. In the letter, Anuj also accused his father-in-law of physical exploitation.
On Saturday, Anuj had rushed to the court to meet his counsel after receiving a call.
However, after failing to locate the counsel, he climbed to the fifth floor and jumped from there. The police informed his elder brother Amit Gupta of the incident.
After reaching the court premises, Amit told police that Anuj was in his shop till 11 am. After receiving a call, he rushed to the Birhana Road. Amit also said that he repeatedly tried to contact Anuj but his mobile was switched off.
http://articles.timesofindia.indiatimes.com/2013-08-04/kanpur/41057180_1_court-building-suicide-note-grocery-shop
न्यायालय भवन से कूद युवक ने दी जान
न्यायालय भवन से कूद युवक ने दी जान
न्यायालय भवन में शनिवार अपराह्न डेढ़ बजे एक युवक के पांचवी मंजिल से छलांग लगाने के बाद हड़कंप मच गया। सूचना पर कचहरी चौकी इंचार्ज अखिलेश गौड़ मौके पर पहुंचे और युवक को उर्सला ले गए जहां डाक्टरों ने उसे मृत घोषित कर दिया। तलाशी के दौरान मृतक की जेब से एक प्रार्थना पत्र व एक समाचार पत्र का आईकार्ड मिला। प्रार्थना पत्र के पीछे मृतक ने सुसाइड नोट भी लिखा था। पुलिस ने प्रार्थना पत्र पर लिखे पते पर सूचना दी तो फीलखाना निवासी अमित गुप्ता ने मौके पर पहुंचकर मृतक की शिनाख्त छोटे भाई अनुज गुप्ता के रूप में की। अमित के मुताबिक अनुज कैनाल रोड स्थित अपनी दुकान में थे। पूर्वाह्न 11 बजे एक फोन आया जिसके बाद वह बिरहाना रोड जाने की बात कहकर चले गए। अपराह्न 1:30 बजे पुलिस ने घटना की जानकारी दी।
--------
ससुराल वालों से था प्रताड़ित
बड़े भाई अमित के मुताबिक अनुज की शादी चार साल पहले इटावा बाजार की प्रगति संग इस शर्त पर हुई थी कि वह उसे लेकर परिवार से अलग रहेगा। प्रगति विदा होने के बाद ससुराल न आकर किराए के घर में रहने गई थी। परिवार से अलग रहने के कारण अनुज पर ससुराल वालों का दबाव था। वह अक्सर उसके साथ मारपीट करते थे। इस बात का जिक्र अनुज ने 22 जून को एसएसपी को दिए प्रार्थना पत्र में भी किया था। पत्र के मुताबिक 16 जून को उसकी गैर मौजूदगी में ससुर राम बिहारी, सास शीला, साढू़ प्रशांत कई लोगों के साथ घर आए थे। एक लाख नकद व सोने के गहनों के साथ पत्नी को लेकर चले गए थे। उसने ससुराल वालों से संपर्क किया तो उन्होंने जान से मारने की धमकी देते हुए कहा कि जब तक अपनी दुकान में साढ़ू को जगह नहीं दोगे तब तक न तो सामान वापस होगा और न ही पत्नी आएगी।
ससुर पर लगाया गंभीर आरोप
तलाशी में अनुज के पास पुलिस को जो प्रार्थना पत्र मिला, उसी के पीछे सुसाइड नोट लिखा है। इसमें ससुर पर जबरन अप्राकृतिक यौन संबंध बनाने का आरोप लगाया गया है। आरोप है कि ससुर इस बात पर ब्लैकमेल करने के साथ दुकान हड़पना चाहते थे।
दी थी मुकदमे की अर्जी
ससुराल वालों की प्रताड़ना से परेशान अनुज ने सीआरपीसी की धारा 156(3) के तहत पत्नी व ससुराल पक्ष के खिलाफ मुकदमे की अर्जी दी थी। इसमें फीलखाना पुलिस ने अपनी रिपोर्ट भी लगा दी है। अधिवक्ता शैलेंद्र चौरसिया के मुताबिक उन्होंने एक मुकदमा मीडिएशन सेंटर में भी दाखिल किया था। उधर, पत्नी के दहेज प्रार्थना पत्र पर मध्यस्थता एवं सुलह समझौता केंद्र में दोनों के बीच एक बार बात भी हो चुकी थी।
http://www.jagran.com/uttar-pradesh/kanpur-city-10619157.html
Saturday, 3 August 2013
Friday, 2 August 2013
Thursday, 1 August 2013
Dowry case against Arjun Singh is misuse of law: Renuka Chowdhury
When it comes to minister, Renuka Chowdhary finds misuse of law, but when same happens to normal person its proper usage of 498a.
Dowry case against Arjun Singh is misuse of law: Renuka Chowdhury
Dowry case against Arjun Singh is misuse of law: Renuka Chowdhury
New Delhi, July 31: Women and Child Development Minister Renuka
Chowdhury today strongly defended Human Resource Development Minister
Arjun Singh, saying a dowry harassment case against the latter was
'misuse' of the anti-dowry law. ''I definitely object to the misue of
the Act like this,'' Ms Chowdhury told reporters when asked for her
reaction about FIR being registered against Mr Singh and five of his
family members by Uttar Pradesh police under the Anti-Dowry Act on a
complaint by Madhvendra Singh, father of Priyanka Singh whom his
grandson Abhimanyu had married.
She said such incidents would harm the interests of the people genuinely
seeking protection under the anti-dowry law.
Though asserting that the law would take its own Course in the case, Ms
Chowdhury, however, said the Act was made to benefit the people who are
harassed for dowry. ''Such misuse of the law would create problems for
those women,'' she added.
She pointed out that the Human Resource Development Minister has already
clarified that he was not even present at the wedding.
The Uttar Pradesh police has registered an FIR against Mr Singh, his
wife Beena Singh, son Abhimanyu Singh, grandson Abhijeet Singh and three
others on the direction of Additional Chief Judicial Magistrate,
Chandausi. Madhvendra Singh has alleged that Priyanka's in-laws had been
demanding a Mercedes car and a flat in Noida from him and his daughter
was being tortured when their demand was not met.
Mr Singh had yesterday distanced himself from the case asserting that he
had nothing to do with the allegation of harassment of his grandson's
wife for dowry.
Meanwhile, the Uttar Pradesh Government has indicated that it would
order a CBI inquiry into the allegations against the Union Minister and
his family members.
Read more at: http://news.oneindia.in/2007/07/31/dowry-case-against-arjun-singh-is-misuse-of-law-renuka-chowdhury-1185875316.html
Read more at: http://news.oneindia.in/2007/07/31/dowry-case-against-arjun-singh-is-misuse-of-law-renuka-chowdhury-1185875316.html
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/
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/
Tuesday, 30 July 2013
प्रेमी से अवैध संबंध में जब हो गई गर्भवती, तो उठाया ऐसा कदम कि...
प्रेमी से अवैध संबंध में जब हो गई गर्भवती, तो उठाया ऐसा कदम कि...
http://www.bhaskar.com/article/CHH-BIL-giving-birth-baby-throwing-boyfriend-girlfriend-arrested-4333040-PHO.html?seq=2&NWSL-rochak_khabare&fb_action_ids=167042603481199&fb_action_types=og.likes&fb_source=other_multiline&action_object_map={%22167042603481199%22%3A1396528397235381}&action_type_map={%22167042603481199%22%3A%22og.likes%22}&action_ref_map=[]
http://www.bhaskar.com/article/CHH-BIL-giving-birth-baby-throwing-boyfriend-girlfriend-arrested-4333040-PHO.html?seq=2&NWSL-rochak_khabare&fb_action_ids=167042603481199&fb_action_types=og.likes&fb_source=other_multiline&action_object_map={%22167042603481199%22%3A1396528397235381}&action_type_map={%22167042603481199%22%3A%22og.likes%22}&action_ref_map=[]
पत्नी की किचकिच पर हुआ तलाक तो नहीं मिलेगा गुजारा भत्ता
पत्नी की किचकिच पर हुआ तलाक तो नहीं मिलेगा गुजारा भत्ता
दिल्ली (ब्यूरो)। यदि आप अपनी पत्नी की चिकचिक और अन्य कारणों से
परेशान हैं तो आप को यह खबर जरूर राहत देगी। जिसमें मुंबई की एक जिला अदालत
ने एक ऐतिहासिक फैसला सुनाते हुए पत्नी को गुजारा भत्ता देने से इंकार कर
दिया है। कोर्ट ने घरेलू हिंसा कानून के बढ़ते दुरुपयोग के तहत यह फैसला
सुनाया है।
सूत्रों के अनुसार, 28 अगस्त को अपने दिए गए फैसले में अपर सत्र न्यायाधीश
एपी रघुवंशी ने माना कि घरेलू हिंसा अधिनियम, 2005 के तहत पत्नी किसी राहत
की हकदार नहीं है। मुंबई में अनिल और राधा (परिवर्तित नाम) की 29 अप्रैल,
2002 को हिंदू रीति-रिवाज से शादी हुई थी। विवाह के 15 महीने बाद पति ने
हिंदू विवाह अधिनियम, 1955 की धारा 13(1) के तहत क्रूरता के आधार पर
बांद्रा में तलाक की याचिका दर्ज की।
याचिका में अनिल ने अपनी पत्नी पर झगड़ा करने औऱ अशिष्ट व्यवहार करने का
आरोप लगाया। अनिल का कहना था कि पत्नी के बुरे बर्ताव के कारण ही उनके
संबंधों में दूरी आई। उसके बाद कोर्ट ने काउंसलरों ने इन दोनों को मनाने की
कोशिश की। इस दौरान अनिल का पत्नी राधा ने माना कि वह पति के साथ बुरे
व्यवहार करती है।
हालांकि दोनों संबंध सुधार के तहत फिर अपनी गृहस्थी में जुट गए। लेकिन कुछ
दिनों के बाद ही अनिल की पत्नी राधा ने उसके मायके से मिले सभी जेवरों को
अपने कब्जे में लेकर गुजारे-भत्ते के लिए आवेदन करने के साथ घरेलू हिंसा
अधिनियम के तहत शिकायत दर्ज करा दी। यही नहीं, उसने पति के खिलाफ थाने में
भी मामला दर्ज करा दिया। उसने आरोप भी लगाया कि अनिल ने उसकी मां से डेढ़
लाख रुपये लिए हैं। इस पर मजिस्ट्रेट कोर्ट ने पत्नी और बच्चे को प्रति माह
तीन हजार रुपये गुजारा-भत्ता बांध दिया।
जरूर पढ़ें- पत्नी ने 18 साल की युवती से करायी अपने पति की शादी
कोर्ट ने राधा की मां से लिए गए डेढ़ लाख रुपये भी लौटाने के आदेश दिए। इस
आदेश को चुनौती देते हुए अनिल ने सत्र न्यायालय में गुहार लगाई। सत्र
न्यायालय ने अनिल की याचिका स्वीकार कर ली। कोर्ट ने माना कि सुनवाई के
दौरान पत्नी आरोपों को साबित करने में विफल रही। लिहाजा, वह राहत की हकदार
नहीं है। डेढ़ लाख रुपये लौटाने के संबंध में कोर्ट ने कहा कि यह पति और
पत्नी के माता-पिता के बीच का मामला है। इसके लिए सास-ससुर दीवानी का
मुकदमा डाल सकते हैं।
http://hindi.oneindia.in/news/2012/08/31/states-mumbai-case-no-maintenance-to-wife-domestic-feud-221269.html
http://hindi.oneindia.in/news/2012/08/31/states-mumbai-case-no-maintenance-to-wife-domestic-feud-221269.html
Sunday, 28 July 2013
Shinde daughter moves SC for change in divorce rules
Shinde daughter moves SC for change in divorce rules
Union Power Minister Sushil Kumar Shinde's daughter has set into motion a debate over the right of a woman to walk out of a traumatic marriage against her husband's will.
In a writ petition before the Supreme Court, Smriti Shinde has challenged the constitutional validity of a provision in the Hindu Marriage Act which, according to her, permits a man to " defeat the right" of his wife to seek divorce by withholding his consent.
A bench presided over by Chief Justice K. G. Balakrishnan on Wednesday issued notice to the Centre on Smriti's petition in which she contended that the provision was violating the rights of women under Articles 14 and 21 of the Constitution.
Pointing out that gender justice could not be achieved by treating unequals as equals, she submitted that the government was bound to make special provisions for women. A woman should not be compelled to obtain her husband's consent to maintain a petition for divorce initially filed with mutual consent, she argued.
Smriti, whose attempt to seek divorce by mutual consent was frustrated with her husband changing his mind, contended that law should not compel a woman to remain bound to a marriage even if she was emotionally and mentally unable to cope up with it.
She said a woman in the Indian sociocultural milieu would go for divorce only when continuance in marriage would be more traumatic than the consequences of being a divorcee. She has also attempted to revive the demand for having ' irretrievable breakdown of marriage' as a ground for dissolving marriages.
The Supreme Court, while deciding a divorce case in 2006, had also asked the government to seriously consider an amendment to the Hindu Marriage Act to include irretrievable breakdown of marriage as a ground for grant of divorce.
The government, however, had probably decided against any change in the existing provision for divorce.
Smriti got married in 1993 and has two children. She has been living separately from her husband since January 2005. The couple filed a petition for divorce by mutual consent in May 2007 and the family court granted a divorce in 2007. But the husband never turned up before the court.
The Bombay High Court set aside the decree of divorce holding that nonappearance of the husband showed that his consent did not continue. The Supreme Court was also of the same view and dismissed an appeal by her.
Union Power Minister Sushil Kumar Shinde's daughter has set into motion a debate over the right of a woman to walk out of a traumatic marriage against her husband's will.
In a writ petition before the Supreme Court, Smriti Shinde has challenged the constitutional validity of a provision in the Hindu Marriage Act which, according to her, permits a man to " defeat the right" of his wife to seek divorce by withholding his consent.
A bench presided over by Chief Justice K. G. Balakrishnan on Wednesday issued notice to the Centre on Smriti's petition in which she contended that the provision was violating the rights of women under Articles 14 and 21 of the Constitution.
Pointing out that gender justice could not be achieved by treating unequals as equals, she submitted that the government was bound to make special provisions for women. A woman should not be compelled to obtain her husband's consent to maintain a petition for divorce initially filed with mutual consent, she argued.
Smriti, whose attempt to seek divorce by mutual consent was frustrated with her husband changing his mind, contended that law should not compel a woman to remain bound to a marriage even if she was emotionally and mentally unable to cope up with it.
She said a woman in the Indian sociocultural milieu would go for divorce only when continuance in marriage would be more traumatic than the consequences of being a divorcee. She has also attempted to revive the demand for having ' irretrievable breakdown of marriage' as a ground for dissolving marriages.
The Supreme Court, while deciding a divorce case in 2006, had also asked the government to seriously consider an amendment to the Hindu Marriage Act to include irretrievable breakdown of marriage as a ground for grant of divorce.
The government, however, had probably decided against any change in the existing provision for divorce.
Smriti got married in 1993 and has two children. She has been living separately from her husband since January 2005. The couple filed a petition for divorce by mutual consent in May 2007 and the family court granted a divorce in 2007. But the husband never turned up before the court.
The Bombay High Court set aside the decree of divorce holding that nonappearance of the husband showed that his consent did not continue. The Supreme Court was also of the same view and dismissed an appeal by her.
Navy 'whistleblower' wife 'framed', held
Navy 'whistleblower' wife 'framed', held
NEW DELHIi: Days after a 25-year-old woman alleged wife-swapping and harassment at the naval base in Kochi — headquarters of Southern Naval Command — Delhi Police, in a sudden move, have arrested the complainant, claiming she was involved in a case of forgery "while applying for a credit card from State Bank of India (SBI)".
The Kochi Harbour police had registered cases against some senior naval officers on basis of the compliant that her husband used to force her to go to bed with seniors and that wife-swapping among the officers was rampant at the base.
DCP (South) BS Jaiswal told TOI they acted on Saturday after receiving a complaint from SBI's Delhi IIT branch that the woman — who had recently taken admission in a language course at Jawaharlal Nehru University — had submitted forged documents to the bank to acquire a credit card.
"She had used the documents of her husband to acquire it. We have registered a case under IPC sections 420 (cheating), 468 (forgery) and 511 (attempting to commit offences punishable with imprisonment) and arrested her,'' he said. He added that since the woman used Navy emblems, a separate section under the Emblem and Name (Prevention of Improper Use) Act, 1950, has been added to the case.
The complaint stated that the woman was caught on camera while applying for the card. "The Navy too has sent a report stating that indeed forged items were used. Hence, we registered a case based on strong evidence,'' said an investigating officer.
According to Kamini Jaiswal, the victim's lawyer, this is a clear incident of "victimization". Kamini said, "She was picked up from her rented residence at Jia Sarai and not even allowed to wear her slippers. She has been slapped all this while. Now, she has been arrested for a fault she never committed. This action has been taken because I had just prepared a petition for transferring the investigations from Kerala to Delhi.''
She said her client had been informing her about repeated threats received by her and warnings of dire consequences if she did not withdraw her complaint in which she has named senior naval officers.
The JNU unit of Students' Federation of India was camping outside the Vasant Vihar police station till late Saturday night to protest against the arrest.
The Kochi Harbour police has booked one commodore, four lieutenants, including the husband, three of his relatives, a captain and his wife under sections of law relating to domestic violence, attempted sexual abuse, coercion for sexual abuse, torture and unlawful custody. But the Navy has described her charges against the senior officers as "unfair" and a "personal matter that was being publicized''.
The woman, who had gone to Kochi from New Delhi a year ago following her husband's transfer there, had said the evening parties being held at the naval base regularly were venues for immoral interactions among the participants and that her husband used to force her to sleep with senior officers after such parties.
The husband, first accused according to the FIR, told the Harbour police that his wife was mentally disturbed but he could not produce any evidence to back his claim. The Navy claimed the woman was "dragging her 'estranged' husband's colleagues - who had tried to resolve the issues dogging the couple's personal life - into the vortex of their unhappy relationship." http://timesofindia.indiatimes.com/city/delhi/Navy-whistleblower-wife-framed-held/articleshow/21413562.cms
NEW DELHIi: Days after a 25-year-old woman alleged wife-swapping and harassment at the naval base in Kochi — headquarters of Southern Naval Command — Delhi Police, in a sudden move, have arrested the complainant, claiming she was involved in a case of forgery "while applying for a credit card from State Bank of India (SBI)".
The Kochi Harbour police had registered cases against some senior naval officers on basis of the compliant that her husband used to force her to go to bed with seniors and that wife-swapping among the officers was rampant at the base.
DCP (South) BS Jaiswal told TOI they acted on Saturday after receiving a complaint from SBI's Delhi IIT branch that the woman — who had recently taken admission in a language course at Jawaharlal Nehru University — had submitted forged documents to the bank to acquire a credit card.
"She had used the documents of her husband to acquire it. We have registered a case under IPC sections 420 (cheating), 468 (forgery) and 511 (attempting to commit offences punishable with imprisonment) and arrested her,'' he said. He added that since the woman used Navy emblems, a separate section under the Emblem and Name (Prevention of Improper Use) Act, 1950, has been added to the case.
The complaint stated that the woman was caught on camera while applying for the card. "The Navy too has sent a report stating that indeed forged items were used. Hence, we registered a case based on strong evidence,'' said an investigating officer.
According to Kamini Jaiswal, the victim's lawyer, this is a clear incident of "victimization". Kamini said, "She was picked up from her rented residence at Jia Sarai and not even allowed to wear her slippers. She has been slapped all this while. Now, she has been arrested for a fault she never committed. This action has been taken because I had just prepared a petition for transferring the investigations from Kerala to Delhi.''
She said her client had been informing her about repeated threats received by her and warnings of dire consequences if she did not withdraw her complaint in which she has named senior naval officers.
The JNU unit of Students' Federation of India was camping outside the Vasant Vihar police station till late Saturday night to protest against the arrest.
The Kochi Harbour police has booked one commodore, four lieutenants, including the husband, three of his relatives, a captain and his wife under sections of law relating to domestic violence, attempted sexual abuse, coercion for sexual abuse, torture and unlawful custody. But the Navy has described her charges against the senior officers as "unfair" and a "personal matter that was being publicized''.
The woman, who had gone to Kochi from New Delhi a year ago following her husband's transfer there, had said the evening parties being held at the naval base regularly were venues for immoral interactions among the participants and that her husband used to force her to sleep with senior officers after such parties.
The husband, first accused according to the FIR, told the Harbour police that his wife was mentally disturbed but he could not produce any evidence to back his claim. The Navy claimed the woman was "dragging her 'estranged' husband's colleagues - who had tried to resolve the issues dogging the couple's personal life - into the vortex of their unhappy relationship." http://timesofindia.indiatimes.com/city/delhi/Navy-whistleblower-wife-framed-held/articleshow/21413562.cms
Saturday, 27 July 2013
Daughter's father use her daughter for Dowry and extortion from Boy's father
Daughter's father use her daughter for Dowry and extortion from Boy's father
In Indian society because of gender biased laws like 498a, DVact & many more stupid laws Father is becoming xxx & making daughter as xxx, as wide misuse of 498a & DVAct are getting used as weapons to extort money from husband, where are we heading?
http://www.desi-tashan.com/savdhaan-india-at-11-crime-alert-26th-july-2013-episode/
In Indian society because of gender biased laws like 498a, DVact & many more stupid laws Father is becoming xxx & making daughter as xxx, as wide misuse of 498a & DVAct are getting used as weapons to extort money from husband, where are we heading?
http://www.desi-tashan.com/savdhaan-india-at-11-crime-alert-26th-july-2013-episode/
Wednesday, 24 July 2013
'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
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
Monday, 22 July 2013
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