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Showing posts with label india. Show all posts
Showing posts with label india. Show all posts

Tuesday, 10 September 2013

Coimbatore woman files abuse case against husband working in California

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

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

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

Saturday, 7 September 2013

Daughters-in-law abuse elderly more, says HelpAge India study

Daughters-in-law abuse elderly more, says HelpAge India study

Daughters-in-law are the worst abusers of the elderly in homes in Thiruvananthapuram, a study conducted by HelpAge India says.
The study, covering 24 cities including the Kerala capital, released here on Friday, says that daughters-in-law constituted 44 per cent of the abusers, followed by daughters (32 per cent) and sons (24 per cent). The study was released to mark World Elder Abuse Awareness Day on Saturday.
The report says that the elders’ perception of abuse constituted neglect (38 per cent), economic exploitation (27 per cent), and disrespect (35 per cent). Among the abused, 24 per cent made an attempt to report it, their first choice being a community leader. Their second choice was the local police and the third choice relatives, friends, and NGOs.
Those who did not report abuse did so in order to maintain confidentiality of family matters; ignorance about the best way to deal with the problem; or lack of confidence in the ability of the person or agency.
Twenty two per cent of those surveyed reported experiencing abuse, 34 per cent of them experienced abuse for three to five years. For 33 per cent of the respondents, abuse was a daily experience. Among those who reported abuse, 89 per cent of the elderly belong to age group of 60-70 years, 10 per cent to 71-80 years. The mean age of those who reported abuse was 65 years. Forty five per cent of respondents were postgraduates, 25 per cent graduates. Among them, 85 per cent were married and 14 per cent were widows or widowers, the study says.

Wednesday, 4 September 2013

‘There’s a lack of positive space for men’

‘There’s a lack of positive space for men’
A family court has said that if a wife insults her husband in the presence of his friends or in the presence of her friends and relatives, it amounts to cruelty. dna gets one man talking
Amit Deshpande
There is no help for a man if the wife is abusive. The judgment where the court granted divorce to a man who accused his wife of mental cruelty, citing her abusive behaviour towards him, his friends and his relatives needs to be supported.
In a marital set-up, if a wife keeps on humiliating her husband for whatever reasons — financial or sexual incompetence — the man is bound to feel a loss of dignity and it is in no way different than the loss of dignity of a wife for any reason. We should see this in the same view of a man humiliating his wife by attacking her womanhood — when she is unable to bear a child — or even if he taunts her for her looks. As a progressive and just society, we should discourage any form of humiliation based upon gender roles.
The Supreme Court has given many judgments in which it has granted divorce when the wife has been abusive towards her husband and insulted him in public. Today, men have no place to go to for help if they have an abusive wife or one who shows signs of compulsive obsessive disorder. Men do not even ask for help and continue to suffer in abusive relationships as it is considered unmanly to seek help.
The real problem lies in the fact that society functions by creating competition among men. Unfortunately, in the patriarchal social mindset, a man has to earn his manhood to gain respect and survive. The emotions of a man are not respected in the same way as the emotions of a woman are. With the increasing focus on women’s issues, there is a lack of positive space for men in society.
Many a time it is found that men turn violent towards themselves and take the extreme step. Every year, over 63,000 married men commit suicide in India. These men are mostly those who have proven their manhood and have become eligible for marriage, including many professionals. According to the principles of natural justice, this judgment seems a step in the right direction.
‘Humiliating hubby is cruelty’, p5


Thursday, 22 August 2013

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]”. 

Monday, 8 July 2013

Daughters-in-law abuse elderly more, says HelpAge India study

Daughters-in-law abuse elderly more, says HelpAge India study 

Daughters-in-law are the worst abusers of the elderly in homes in Thiruvananthapuram, a study conducted by HelpAge India says.
The study, covering 24 cities including the Kerala capital, released here on Friday, says that daughters-in-law constituted 44 per cent of the abusers, followed by daughters (32 per cent) and sons (24 per cent). The study was released to mark World Elder Abuse Awareness Day on Saturday.
The report says that the elders’ perception of abuse constituted neglect (38 per cent), economic exploitation (27 per cent), and disrespect (35 per cent). Among the abused, 24 per cent made an attempt to report it, their first choice being a community leader. Their second choice was the local police and the third choice relatives, friends, and NGOs.
Those who did not report abuse did so in order to maintain confidentiality of family matters; ignorance about the best way to deal with the problem; or lack of confidence in the ability of the person or agency.
Twenty two per cent of those surveyed reported experiencing abuse, 34 per cent of them experienced abuse for three to five years. For 33 per cent of the respondents, abuse was a daily experience. Among those who reported abuse, 89 per cent of the elderly belong to age group of 60-70 years, 10 per cent to 71-80 years. The mean age of those who reported abuse was 65 years. Forty five per cent of respondents were postgraduates, 25 per cent graduates. Among them, 85 per cent were married and 14 per cent were widows or widowers, the study says.

आत्महत्या को मजबूर के आरोप में ससुराली नामजद

आत्महत्या को मजबूर के आरोप में ससुराली नामजद

संवाद सूत्र, फरीदकोट : स्थानीय पटेल पार्क के निकट निवासी व फरीदकोट में विवाहित एक महिला के पति द्वारा मानसिक रूप से परेशान होकर नहर में कूदकर आत्महत्या करने के मामले में फरीदकोट पुलिस ने मृतक की माता के बयानों पर मृतका की पत्‍‌नी सहित अबोहर निवासी ससुराल परिवार पर आत्महत्या करने का मामला दर्ज कर लिया है।
जानकारी के अनुसार न्यू कैंट फरीदकोट निवासी आशा रानी ने जिला सीनियर पुलिस कप्तान गुरमीत सिंह रधावा को दी शिकायत में बताया कि उसका बेटा शशि कुमार सरकारी अध्यापक था। उसका अबोहर निवासी अपनी पत्‍‌नी भारती पुत्र मदन लाल के साथ घरेलू झगड़ा चल रहा था। इस पर भारती ने वूमेन सेल में केस भी कर रखा था और शशि कुमार इसकी तारीखें भुगत रहा था।
आशा रानी ने बताया कि शशि के ससुराल वाले भी उसको पिछले काफी समय से परेशान कर रहे थे। इसी परेशानी के चलते उसने गत दिनों नहर में कूदकर आत्महत्या कर ली। फरीदकोट पुलिस ने आशा रानी के बयानों पर भारती, उसके पिता मदन लाल गाधी, निटकोन अधिकारी उसके भाई पि्रंस गाधी व ज्योति गाधी पर आत्महत्या के लिए मजबूर करने के मामले के तहत मुकदमा नंबर 181 दर्ज कर लिया है।

http://www.jagran.com/punjab/faridkot-10544453.html 

Wednesday, 3 July 2013

Is India's suicide law being misused?

Is India's suicide law being misused?

Last year, more than 13,000 farmers killed themselves in India.
Most were saddled with steep debts, having failed to pay back loans they had taken from banks, micro-finance companies and money lenders after their crops failed. Farm suicides - nearly 300,000 since 1995 - are India's shame, a colossal national tragedy.
But, can the lenders be lawfully charged with abetting such suicides?
Going by India's laws, yes. The country's 153-year-old penal laws say abetting suicide can fetch the offender up to 10 years in prison and a fine.
In May, Sudipta Sen, a businessman who allegedly defrauded thousands of depositors in the eastern state of West Bengal, was charged with abetting the suicide of a "depressed" investor.
File photograph of Jiah Khan Jiah Khan's mother accused Mr Pancholi of abusing her daughter
So was Suraj Pancholi, who was arrested after his girlfriend, Bollywood actress Jiah Khan, killed herself last month.
Mr Pancholi spent time in prison after police announced they intended to charge him with abetment. He was bailed on Monday, with the judge saying he did not appear to have a motive for inciting his girlfriend to kill herself.
Tuesday's papers reported a similar incident. The former boyfriend of a film editor, who allegedly took her life, has been detained and charged with abetment of suicide in Mumbai. Reports said she had accused her boyfriend of rape and, more recently, he had called off their planned wedding.
India's Supreme Court has repeatedly said that to convict a person for abetting suicide, it has to be proved that they instigated the suicide or that "there was a clear intention to commit the offence".
"It's not easy to prove," leading lawyer KTS Tulsi tells me. "It's like showing the gun, showing the poison [to the victim] and telling him or her, 'go ahead and die'. That's the kind of active facilitation which is not easy to prove."
No wonder the conviction rate in cases of abetment to suicide is abysmally low - 1-2%, Mr Tulsi says. More than 135,000 people took their lives in India in 2012 - more men than women, and the majority of them married.
Mr Tulsi accuses the police of abusing the law. "The law is very clear about how abetment should be defined. Unfortunately, our police are not literate enough in grasping the finer definitions of laws. The result is unnecessary harassment of people," he says.
Legal experts believe India still needs the law, considering the large number of women who still take their lives following dowry demands. More than 8,000 dowry deaths were reported in India last year, according to the National Crime Records Bureau. A third of the offenders were convicted. Lawyers believe many of these convictions related to the suicide of a dowry victim were secured after proving the abetment charge.
However, India possibly needs to scrap the other colonial-era law that makes it illegal to take your life. It is a crime that can fetch you a year of prison time. England scrapped a similar law in 1961, but the former colony still persists with what many believe is a retrograde measure.

http://www.bbc.co.uk/news/world-asia-india-23140888

Epilepsy is no ground for divorce: judge

Epilepsy is no ground for divorce: judge

DAVANAGERE: Bangalore is slowly becoming the suicide capital in the country, said Karnataka high court judge N Kumar.
Addressing the gathering after inaugurating a one-day programme on 'district-level mental health awareness workshop', organized by DHO, Karnataka state mental health authority, district administration, district advocates association, here on Sunday, Kumar said that over 80% of the population is increasingly falling into the suicide trap.

"Those in the IT and BT sector, too, think that suicide is an easy option. Happiness, tolerance and contentment quotient among the youths is declining," he rued.
Over 10% of the world population is suffering from mental illnesses, and over 30% of Americans alone suffer from mental illness, he noted.
Increasing work pressure, break-up of the joint family system, socio-economic crisis are leading to mental illnesses.
However, most of them are treatable, including schizophrenia.
Earlier, epilepsy was a ground for divorce, but not any more as it is curable, said Judge Kumar.
He called on practicing advocates not to encourage divorce among couples who cite schizophrenia as a ground for separation.
Encourage them to seek help and get back together, was his advice to lawyers.
Dr B N Gangadhar, vice-president of Indian Psychiatrist Association and professor at Nimhans, Bangalore, delivered a talk on suicidal tendencies, causes and remedies. 

http://articles.timesofindia.indiatimes.com/2012-04-23/hubli/31386218_1_mental-illnesses-mental-health-epilepsy 

पत्नी ने प्रेमी संग मिल रची थी हत्या की साजिश

पत्नी ने प्रेमी संग मिल रची थी हत्या की साजिश

रायबरेली, संवाददाता : मिल एरिया पुलिस ने शनिवार को असलम हत्याकांड का खुलासा कर दिया। हत्यारोपी पत्‍‌नी नसरीन, उसके प्रेमी रोहन समेत चार लोगों को जेल भेजा गया है। मामले में एक आरोपी अभी फरार चल रहा है। पुलिस अधीक्षक राजेश पांडेय ने मिल एरिया पुलिस को ढाई हजार रुपये का पुरस्कार देने की घोषणा की है।
एसपी ने वारदात का खुलासा करते हुए बताया कि दो मई को कल्लू का पुरवा निवासिनी नसरीन (18) पुत्री अजीज का निकाह हरदासपुर निवासी असलम (22) पुत्र मो. रसीद के साथ हुआ था। नसरीन का तकरीबन डेढ़ वर्ष से रोहन शर्मा पुत्र श्रवण कुमार निवासी कल्लू का पुरवा के साथ प्रेम प्रसंग चल रहा था। शादी के बाद भी नसरीन रोहन से बात करती थी, जो कि असलम को नागवार लगता था। असलम ने कई बार नसरीन को समझाया और पीटा भी, लेकिन बातचीत बंद नहीं हुई। नसरीन ने पिटाई की बात रोहन को बताई। रोहन और नसरीन ने मिलकर असलम की हत्या की साजिश रची।
22 जून को नसरीन ने फोन करके असलम को सहेली के घर चलने की बात कहकर बुलाया। वह असलम को लेकर त्रिपुला के पास पेट्रोल पंप के पीछे बने मकान में ले गई। यहां पहले से रोहन व उसके साथी अंशु शर्मा पुत्र पवन शर्मा निवासी कल्लू का पुरवा, अतुल कुमार दीक्षित पुत्र रमाकांत दीक्षित निवास लहुरिया कोड़रस बुजुर्ग और संजय मौजूद थे। असलम को कमरे के भीतर ले जाने के बाद नसरीन ने रोहन को बुलाया। रोहन को सामने देख असलम को गुस्सा आया और उसने दोनों की पिटाई कर दी। तभी अंशू, संजय और अतुल आ गए। रोहन ने नसरीन को दूसरे कमरे में भेज दिए। फिर चारों दोस्तों ने मिल कर आटो के एक्सीलेटर वायर से असलम का गला कस दिया। असलम बार-बार जान बख्शने की गुहार लगा रहा था लेकिन रोहन बेरहम हो गया और उसको मौत के घाट उतारने के बाद ही रुका। बाद में नसरीन को बाइक से उसके घर भेज दिया गया। रोहन, संजय और अतुल ने असलम के शव को आटो की डिग्गी में डाला और फतेहपुर के हुसैनगंज में नहर में फेंक दिया। 23 जून को उसका शव व एक्सीलेटर वायर हुसैनगंज पुलिस ने बरामद किया।
सीओ सदर पंकज पांडेय और मिल एरिया एसओ मनोज मिश्र ने मामले की तहकीकात शुरू की। नसरीन को हिरासत में लेते ही पूरा मामला सामने आ गया। बाद में रोहन, अतुल और संजय को पुलिस ने गिरफ्तार कर लिया। असलम हत्याकांड में गिरफ्तारी सभी आरोपियों की उम्र 18 से 24 वर्ष के मध्य है।
गलती हो गई..
पति की हत्यारोपी नसरीन पुलिस आफिस में रो पड़ी। बोली, गलती हो गई। मुझे नहीं पता था कि इतनी बड़ी गलती करने जा रही हूं। भावावेश में आकर गलत कदम उठ गए। इसके लिए मैं कभी खुद को माफ नहीं कर पाऊंगी।

http://www.jagran.com/uttar-pradesh/raebareli-10520744.html

Monday, 1 July 2013

'Draconian' amendment in Hindu Marriage Act gives wives final say in divorce cases; men's rights groups not amused

 'Draconian' amendment in Hindu Marriage Act gives wives final say in divorce cases; men's rights groups not amused



Pune: Upset over the latest amendments in the Hindu Marriage Act which virtually give wives a final say in divorce 
 
cases, Men’s Rights Association (MRA) on Saturday staged a protest against the legislation which they term as 'draconian'.
 
"The bill has a provision giving power to the courts to not grant a divorce unless the wife was paid adequate amount of 
 
money in the name of financial security of the woman. Such powers may result in harassment of men," MRA president Atit Rajpara said.
 
He also said the bill also provides special powers to wives to oppose the divorce if she was unhappy with the money she received from the husband under section IPC 498 (A), domestic violence act and several other maintenance laws.
 
According to the MRA, such clauses are outright anti-male and gender-biased and therefore men’s rights activists and organisations are opposing them. Rajpara said the mens’ rights organisations want the bill to be gender-neutral.


http://daily.bhaskar.com/article/MAH-PUN-draconian-amendment-in-hindu-marriage-act-giving-wives-a-final-say-in-divorce-ir-4306641-NOR.html?fb_action_ids=627117723973954&fb_action_types=og.likes&fb_source=other_multiline&action_object_map={%22627117723973954%22%3A167910723391944}&action_type_map={%22627117723973954%22%3A%22og.likes%22}&action_ref_map=[]

Seventy marriages saved, family court celebrates

Seventy marriages saved, family court celebrates

MUMBAI: "Judges, lawyers and counsellors of the family court need to have the vision to accommodate the needs and aspirations of a changing society where women now have a very clear identity both before and after marriage," said Justice Dhananjay Chandrachud of the Bombay high court on Saturday. The judge was addressing a packed house on the family court premises in Bandra, where 140 men and women on the verge of a split till a few days ago went home together as 70 happy couples.

The family court, its lawyers' association and marriage counsellors had organized a felicitation function for 111 couples who with a little help from their lawyers, counsellors and judges had given up their lengthy and acrimonious legal battle for a divorce, maintenance or custody and had resolved their differences to remain married. Seventy couples showed up, and a few among them who still were vacillating decided to drop their divorce proceedings after hearing Chief Justice Mohit Shah and Justice Chandrachud of the high court as well as the principal judge of the family court, Laxmi Rao.

Chief Justice Shah felicitated the youngest couple present, who were in their 20s, and stressed that proper and timely mediation could save many a broken marriage. He encouraged more such group reconciliation programmes and promised more facilities for the family court.

Judge Rao said there were several laws that were being misused-such as the Domestic Violence Act-by people "on wrong advice of well-wishers".

She, too, said that with proper intervention, marriages need not end in divorces even when things appear bleak.

President of the Family Court Bar Association advocate Sajan Oommen said: "Family court lawyers must play a more proactive role, as the Family Courts Act is not meant merely for dissolution of marriages but for a solution to matrimonial disputes."

Family court judge Swati Chauhan was the first in April to conduct a group reconciliation of quarrelling couples.

It was her experiment that paved the way for more reconciliations. 
 http://timesofindia.indiatimes.com/city/mumbai/Seventy-marriages-saved-family-court-celebrates/articleshow/20837521.cms 

Friday, 28 June 2013

Husband, 4 family members acquitted in dowry harassment case

Husband, 4 family members acquitted in dowry harassment case

A man and his parents have been acquitted of the charges of murdering and harassing his wife for bringing insufficient dowry by a which said it was a case of suicide and false allegations of torture were levelled against them.

Additional Sessions Judge (ASJ) K S Pal also acquitted the man's brother and his wife of the charges of subjecting the woman to cruelty.

While freeing the five family members of Ganesh Nagar here, the court observed that now-a-days, there is a growing tendency adopted by the parents of deceased married woman, who died in her matrimonial house within seven years of marriage due to any reason, to implicate the husband and his relatives by making false allegations of harassment on ground of dowry demands due to their anger and to take revenge.

The court acquitted deceased Vinita's husband Lalit Kumar, his father Soran Singh, mother Ram Murti of the charges of , harassment for dowry and destruction of evidence. Lalit's brother Devender and his wife Urmila were acquitted of the charge of harassment.

"Undoubtedly, deceased Vinita committed suicide and there may be so many reasons to commit suicide and every suicide committed by any married woman at her matrimonial home, within seven years of her marriage, does not raise the presumption of dowry death in the absence of any harassment and torture on such married woman for or in connection with dowry demands, soon before her death," the judge said.

According to the police, Vinita was found hanging at her matrimonial house on April 11, 2011 and a case was lodged against her husband and in-laws for harassing and murdering her.

The victim's parents had told the police that Vinita had got married to Lalit in July 2009 and after 15 days of their marriage, the accused had started harassing and torturing her for dowry and were demanding a car.

http://www.business-standard.com/article/pti-stories/husband-4-family-members-acquitted-in-dowry-harassment-case-113062800680_1.html

The Law 498a

The Law 498a

498a part 1

498a part 2