PIL questions immediate arrests in dowry harassment cases

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

Supreme Court: Karunanidhi's wife need not come to Delhi court, can be questioned in Chennai

New Delhi: The Supreme Court has asked a court investigating the 2G spectrum scam to appoint a commission to question DMK leader M Karunanidhi's wife Dayalu Ammal at her home in Chennai, on medical grounds.

The court acted on a report submitted by the AIIMS hospital, after Dayalu Ammal's daughter petitioned that she was too unwell to step out of her home.

Dayalu Ammal has been summoned by a special CBI court as a witness in the telecom case linked to the allocation of valuable 2G spectrum to ineligible companies at throwaway prices.

Her daughter Selvi had sought an exemption and told the Supreme Court that Dayalu Ammal could not respond to the summons, she had been diagnosed with behavioral problems and was losing her ability to even recognize close relatives.

Dayalu Ammal, Karunanidhi's second wife, was a director in Kalaignar TV Private Limited, which allegedly received a bribe of over Rs. 200 crore from a firm that bagged licences for spectrum at dirt-cheap prices when DMK's A Raja was Telecom Minister.

Karunanidhi's daughter and DMK Rajya Sabha member Kanimozhi is also an accused in the case.

http://www.ndtv.com/article/india/supreme-court-karunanidhi-s-wife-need-not-come-to-delhi-court-can-be-questioned-in-chennai-408959 

HC notice on Pascal’s plea for visitation rights to his mother to see his children

The Karnataka High Court on Tuesday ordered issue of notice to Suja Jones Mazurier on a petition filed by her husband Pascal Mazurier, Consular Attaché to the Consulate General of France, Bangalore, and accused in a case of raping his minor daughter.

Justice A.S. Bopanna passed the order on Mr. Pascal’s petition, in which he has challenged the Family Court’s order refusing to allow his mother, who had come from France, to periodically meet his three children, who are in the custody of his wife.

IN the petition he also said his wife had violated an order of the Family Court to bring the children to the Bangalore Mediation Centre between 3 p.m. and 4 p.m. on July 24 to for meeting his mother, and children’s grandmother, Jacqueline Maillé. The Family Court had only twice permitted Jacqueline Maillé to meet the children since February 2013 and that too only for an hour on each occasion.

“The Family Court ought to have permitted the petitioner’s [Pascal’s] mother to have constant periodical contact with her grandchildren so that some member of the petitioner’s family can be in touch with the children,” it has been contended in the petition.

In matters relating to the guardianship and custody of minor children, especially of those children who have multi-cultural and multi-national identities, the Family Court ought to bear in mind the various provisions of the United Nations Convention on the Rights of the Child (UNCRC) which came into force in September 1990 and to which India is a signatory, the petitioner claimed.

The petition further stated: “The children are completely cut off from their paternal relations and this is not in the interest of their emotional and psychological welfare and wellbeing as the petitioner was always close to the children during the time he lived in the marital home…” It has been alleged in the petition that his wife was depriving the children of contact with his family members.

Mr.Mazurier was arrested in June 2012 on the complaint filed by his wife, and the High Court in October 2012 had granted him bail while observing that “the materials on record, including the DNA report, and the statements of witnesses at this stage are in favour of the accused [Pascal]”. 

http://www.thehindu.com/news/cities/bangalore/hc-notice-on-pascals-plea-for-visitation-rights-to-his-mother-to-see-his-children/article5019767.ece?homepage=true 

Woman cop held taking bribe

498a misuse - 2

498a Misuse - 1

Maintainence law being abused by greedy persons

Woman can’t charge a man with rape after getting pregnant during their love affair, says Bombay HC

Woman can’t charge a man with rape after getting pregnant during their love affair, says Bombay HC 


Mumbai: The Bombay high court said on Thursday that an ‘affair gone bad’ cannot be the ground for accusing a man for rape. Justice Sadhna Jadhav acquitted Borivali resident Manesh Kotiyan of rape charges three years after his arrest.

Justice Jadhav said, “The very fact that the prosecution has admitted in the cross-examination that she had a love affair with the accused and she desired to marry him. In these circumstances, offence under Section 376 of the IPC (rape) would necessarily fail.” She ruled that the rape charges against Kotiyan were ‘unsustainable’.

While acquitting a rape accused Manesh Kotiyan, the HC noted, “She had not cried for help and had not taken her resistance to a logical end. Hence, it would not be justifiable to hold that the consent was obtained by intimidation, force meditated imposition, circumvention surprise or undue influence.” "The complainant is an educated adult person," said the judge. "She was fully aware of the fact that he (Kotiyan) was attracted to her. She chose to accompany him to Gorai. She also checked into a hotel to celebrate his birthday. She was aware of the consequences," said the judge.

However, the court upheld Kotiyan's conviction on charges of cheating as he did not disclose to the victim that he was married and had children. Lawyer, who was appointed to defend Kotiyan, Arfan Sait said there was no evidence that the accused raped her, adding that they had always intend to marry her.

It may be recalled that the victim girl, who was four months pregnant, lodged a case of rape against Kotiyan in March 2010. The two had met when they were working at a stationery shop in Borivli.

According to the prosecution, they had gone to Gorai to celebrate Kotiyan's birthday in November 2009, where he forced her into having sexual intercourse.

In 2012, a sessions court held Kotiyan guilty of rape and sentenced him to seven years rigorous imprisonment.

http://daily.bhaskar.com/article/MAH-MUM-kotiyan-rape-case-woman-cant-charge-a-man-with-rape-after-getting-pregnant-durin-4318194-NOR.html

wife should follow Devi Sita

न्यायालय भवन से कूद युवक ने दी जान

न्यायालय भवन से कूद युवक ने दी जान

कानपुर, हमारे संवाददाता: ससुराल वालों की प्रताड़ना से पीड़ित युवक ने न्यायालय भवन की पांचवी मंजिल से कूदकर जान दे दी। तलाशी के दौरान जेब से मिले सुसाइड नोट में उसने इसका जिक्र किया है। ससुराल वालों के खिलाफ उसने एसएसपी से गुहार भी लगाई थी।
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।
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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 

man suicide because he accused in false cases....

man suicide because he accused in false cases....

furniture or luggage given by bride's parents in marriage is not Dowry

‘Rape cases will drop 70% if HC ruling is enforced’

‘Rape cases will drop 70% if HC ruling is enforced’

City lawyers handling domestic and family disputes have welcomed a recent judgement by the Bombay High Court (HC) stating that women filing false rape cases should be prosecuted.

Mens organisations have said that this judgement will help create a gender neutral society and if properly executed will help to bring down the number of rape cases by 70 per cent. They allege that most rape cases are filed after relations break down after consensual sex.

www.wikipedia.org

Justice Sadhna Jadhav of the HC on Wednesday observed that women who file rape cases in a fit of rage to fix their partners and later withdraw complaints, should be prosecuted.

She remarked that of late several cases were coming before the HC in which victims filed complaints alleging rape and contending that they had entered relationships after being promised marriage.

In a relationship between consenting adults, sometimes such complaints are filed in the heat of moment and withdrawn later. This has be-come a trend and sends wrong signal to the society, the judge observed on Wednesday.

The court cautioned the police to be vigilant and hold an initial inquiry to find out whether a rape complaint was genuine before registering the case.

The judge was hearing an anticipatory bail plea by Divyesh Vala (35), who admitted that he was in a relationship with a 42-year-old central excise inspector. He pleaded that he was falsely implicated and the case was causing him harm and agony.

The two had met through a social networking site and came close to each other after joining an Art of Living course. The woman alleged that she was raped by Vala, who promised to marry her. However, he married another woman and she felt cheated. Hence, she filed a complaint of rape.

The judge granted anticipatory bail to Vala for the sum of Rs 15,000 and asked him to report to the police station every Sunday until the investigation was over. The judge said it was not inclined to send Vala in custody because no useful purposes would be served in doing so, except satisfying the victim’s vendetta.

Talking to Mirror senior lawyer Milind Pawar said, “Some 90 per cent cases get registered just to satisfy vendetta after break ups. Though such cases are registered it is hard to prove them medically.”

In some cases, the Supreme Court has directed that FIRs in rape cases should be filed immediately, since later on it is difficult to prove it medically Pawar said. “This judgement will certainly teach a lesson to those who use the law to settle their own scores.”

Criminal layer Vijay Pamnani said, “In such rape cases the investigation officer’s role is very important to understand whether rape was actually committed or not. In the said case, the victim being a 42 years old, educated and  working as a central excise inspector knew very well that such a relationship is illicit in Indian society. I believe the HC has passed perfect orders considering facts of the case.”

Atit Rajpara, founder president of the Men’s Rights Association (MRA), Pune said, “Figures of increasing rape cases are only because of such false cases. Some women misuse the law like in domestic violence related cases.

In a recent survey, it was revealed that in Pune over 74 per cent cases of rape are consensual. We welcome this judgement as it has shown sensitivity towards men.”

However, lawyer Shirish Gade has a different opinion. He said, “As a criminal lawyer I believe that if the HC passes such orders against rape victim, those who wish to rape a girl will propose marriage and rape them. Unfortunately, victims won’t come forward due to such orders.

Additionally, in our society girls keep quiet about these serious offences as they are scared of society and fear nobody will marry them thereafter.”

http://www.punemirror.in/article/2/2013080220130802101256762a000d010/%E2%80%98Rape-cases-will-drop-70-if-HC-ruling-is-enforced%E2%80%99.html 

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/ 

High court alert on 498A

High court alert on 498A 

The high court on Thursday observed that some women were abusing IPC Section 498A to harass those the clause aims to protect them from — husbands and in-laws.

Justice K.S. Ahluwalia made the observation while quashing criminal charges against Mita Bhaduri and her husband Tapan, who were fearing arrest in connection with a case under section 498A (cruelty by husband or relatives of husband) lodged by her sister-in-law Maumita Maitra.

“The proceedings against the petitioners (Mita and Tapan) will be an abuse of the process of law. The FIR, along with all proceedings against the petitioners, is quashed,” Justice Ahluwalia said in his three-page order.

Quoting a Supreme Court ruling, Justice Ahluwalia said: “The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. The tendency of implicating all immediate relations is also not uncommon. The courts have to be extremely careful and cautious while dealing with these complaints and must take pragmatic matrimonial cases.”

Legal experts in the city welcomed Justice Ahluwalia’s view, which they said had highlighted the tendency of a section of women and their family members to misuse article 498A and lodge false complaints against in-laws.

“If a woman lodges a complaint of torture against her husband or any of her in-laws within seven years of marriage, police will have to arrest the accused first. No investigation is needed to arrest the accused or family members. Many women misuse the law to falsely implicate their husbands and in-laws,” said lawyer and former mayor Bikash Ranjan Bhattacharyya.

Maumita, a resident of Khardah, on the northern fringes of the city, had married Atanu in December 2002. The couple, who had been living at Atanu’s house in Sodepur, have two daughters — Arunima, 7, and Archisha, 5.

In December 2012, Maumita had lodged a complaint of torture against her husband, sister-in-law Mita and her husband Tapan.

Mita and Tapan — the couple got married in 1983 — live at Sinthee, around 12km from Atanu’s house. They moved a petition in the high court, seeking quashing of the proceedings against them.

The couple’s lawyer Debabrata Chatterjee submitted: “Maumita had complained that she had been regularly subjected to mental and physical torture by my clients. Is it possible? Mita and her husband have their own family. Why will they go to Sodepur regularly and torture Maumita?”

The judge observed: “It’s a fact that Mita and Tapan lived far way from the complainant’s house. The sister, who got married 19 years before her brother’s wedding, had nothing to do with the brother’s matrimonial affairs.”

http://www.telegraphindia.com/1130126/jsp/calcutta/story_16485664.jsp#.Uffp-m0uxRA 

'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 

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 

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

Former Andhra minister arrested in dowry harassment case

Former Andhra minister arrested in dowry harassment case

HYDERABAD: The Central Crime Station (CCS) sleuths on Monday arrested Cantonment MLA P Shankar Rao and booked him in a dowry harassment case following a complaint from his daughter-in-law Vishnu Priya. The former minister was arrested from his Musheerabad residence around 4.30 pm and cases under sections 195-A (threatening any person to give false evidence) and 506 (criminal intimidation) of the IPC were registered against him.

Shankar Rao had secured an anticipatory bail in an earlier complaint lodged by his daughter-in-law but the arrest took place based on a fresh complaint by her 15 days ago stating that he was forcing her to withdraw her earlier complaint.

CCS DCP LKV Ranga Rao said Vishnu Priya lodged the fresh complaint with the women police station of the CCS in the third week of June this year alleging that Shankar Rao has been threatening her to change the statement she has given in a dowry harassment case booked against him and his family members.

While he was being brought to the CCS women police station, the MLA told the police that he was feeling sick and after arriving at the police station premises, he fainted. The police immediately shifted him to Osmania General Hospital for medical treatment. "Based on the doctor's advice, we will take a call on when to produce the MLA before the court," the DCP said.

Vishnu Priya was married to Shankar Rao's son Shashank in 2005. A year ago, Vishnu Priya lodged a complaint against her husband Shashank, father-in-law Shankar Rao, mother-in-law Vishwa Shanti and sister-in-law Sushmita alleging that they were harassing her for dowry following which a case under section 498-A (subjecting a married woman to cruelty) was booked against all of them.

However, Vishnu Priya approached the AP High Court a month ago alleging that the police are not investigating the case properly. Following this, the MLA and his son, who already obtained anticipatory bail from a local court, surrendered before the CCS officials on June 19 and were let off on bail.

After this incident, the MLA is alleged to have threatened Vishnu Priya to change her statement in the dowry harassment case following which she lodged the fresh complaint with the CCS police. When the cops came to arrest Shankar Rao, his daughter Sushmita obstructed them upon which Musheerabad police took her into custody under section 151 of the CrPC. http://timesofindia.indiatimes.com/india/Former-Andhra-minister-arrested-in-dowry-harassment-case/articleshow/20980792.cms 

जज साहब, मुझे बीवी से बचाओ

जज साहब, मुझे बीवी से बचाओ

नई दिल्ली, पवन कुमार। जज साहब, जब से शादी हुई है सकून की जिंदगी नसीब नहीं हुई। विवाह के बाद से ही पत्नी व ससुराल वालों द्वारा मारपीट व व गाली-गलौज की जा रही है। जिससे मेरी जिंदगी नरक बन गई है। पत्नी के व्यवहार में बदलाव की उम्मीद करते-करते 23 साल बीत गए, मगर अब मुझसे सहा नहीं जाता। मुझे पत्नी से तलाक दिलवाया जाए। यह मजमून है एक 50 वर्षीय अधेड़ व्यक्ति द्वारा पटियाला हाउस कोर्ट में दायर याचिका का। व्यक्ति ने क्रूरता के आधार पर अपनी पत्नी से विवाह के 23 साल बाद तलाक की मांग की है।
उत्तर प्रदेश के बुलंदशहर स्थित एक स्कूल में अध्यापक 50 वर्षीय राजेंद्र (परिवर्तित नाम) ने अपनी 47 वर्षीय पत्नी कांता (परिवर्तित नाम) से तलाक की मांग करते हुए अपने अधिवक्ता एनके सिंह भदौरिया व मनीष भदौरिया के माध्यम से पटियाला हाउस कोर्ट में एक याचिका दायर की है। याचिकाकर्ता का कहना है कि उसकी शादी कांता से 13 दिसंबर, 1990 को दिल्ली में तालकटोरा क्षेत्र में हुई थी। उसके ससुर रिटायर्ड लेफ्टिनेंट कर्नल हैं और साला मेजर है। विवाह के बाद उनके एक बेटा और दो बेटी हुईं। विवाह के बाद से ही उसकी वैवाहिक जिंदगी में उसके ससुराल वालों का दखल शुरू हो गया। जिससे उसकी पत्नी का उसके प्रति व्यवहार क्रूर होता चला गया। उसकी पत्नी ने 23 सालों में करीब आधा दर्जन बार घर से निकलने को मजबूर किया। राजेंद्र ने बताया कि उसकी पत्नी उसे दिन-रात गालियां देती है। बिना गालियों के उसकी बातचीत ही शुरू नहीं होती। अक्सर उसके साथ मारपीट भी की जाती है। वह विरोध करता है तो उस पर पुलिस में मुकदमा दर्ज कराने की धमकी दी जाती है। वह अपनी पत्नी के इस व्यवहार से तंग आ चुका है। कांता अपने सास-ससुर से मिलने भी नहीं जाती और न ही बच्चों को वहां पर भेजती है। पत्नी के व्यवहार से तंग आकर वह पिछले 15 महीनों से बुलंदशहर में अलग रह रहा है। इस दौरान पत्नी ने उसे बच्चों से भी मिलने नहीं दिया। अब वह अपनी पत्नी के साथ विवाह के कानूनी बंधन में बंधकर नहीं रह सकता। लिहाजा, उसे पत्नी से तलाक दिलाया जाए।

http://www.jagran.com/news/national-please-save-me-from-my-wife-10541189.html