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Friday, 5 July 2013

Male Victims of Domestic Abuse Continue to Suffer in Silence

Male Victims of Domestic Abuse Continue to Suffer in Silence

Last week, on the eve of becoming homeless as his house passed into its new owner’s hands, Earl Silverman of northeast Calgary hanged himself in his garage.
Silverman briefly hit the news a month ago, when he closed his Men’s Alternate Safe House (MASH), the only privately funded shelter for male victims of domestic violence in Canada, for lack of funds. For three years, MASH had temporarily housed about 20 men and a few children.
As I wrote in a March 27 column, “This story did not light up the switchboards, metaphorically speaking, of the media and government ministries.” The fact that men suffering from abuse now had exactly nowhere in Canada to turn for publicly funded shelter was the catalyst for a cavernous collective yawn — and exactly one letter to the Post editor, scolding men for their failure to become activists in their own behalf as women did.
The letter-writer had a point; men do tend to suffer in solitude rather than join forces to ask for help. As a result, abused are now where abused women were in the 1970s, before government swung into action to help. The problem of male abuse by their intimate partners has been “outed,” but there is no public system to deal with it.

So it would have been nice if somebody had written in to deplore the disparity in treatment between female and male victims of domestic abuse. For the silence on the letters page spoke volumes on the stubbornly persisting public perception that only women are victims of domestic violence, or that when men suffer abuse, they provoked it or deserve it.
The well-documented fact is that 25% of domestic violence is perpetrated by women against men who did not provoke it. Arrest statistics don’t reflect that reality, since men are routinely arrested in domestic disputes, no matter who provoked or did the most damage.
Explaining why he started MASH, Earl said: “When I went into the community looking for some support services [to deal with my wife’s abuse], I couldn’t find any. There were a lot for women, and the only programs for men were for anger management. As a victim, I was re-victimized by having these services telling me that I wasn’t a victim, but a perpetrator.”
Earl Silverman’s suicidal despair may have had some of its roots in personal psychological issues unconnected to a system that overtly excluded him. Warm and outgoing by nature, he smoked and drank too much. But then most suicides are due to a combination of internal and external factors. Some of the young girls who have recently committed suicide were known to be psychologically fragile; contributing factors like “slut-shaming” seem to be what pushed them over the edge. They have certainly had our full attention and sympathy.
The question is: would eliminating the contributing factors have permitted these girls – and Earl Silverman – to find life worth living? We believe so. We’re hell-bent on eliminating the contributing factors to those girls’ deaths, as well we should be. Male suicides vastly outnumber female suicides. We could and should also be looking at public policies that would prevent what we know to be contributing factors in the suicide of Earl Silverman and other desperate men before him.
According to a friend, “[Earl] believed very much in fairness and justice and he was just staggered, constantly, that …something so simple and so logical as gender rights and equality would be so impossible to access for so many people.” His four-page suicide note urged changes in the system. In other words, his suicide was in part an act of political martyrdom.
It’s an easy fix to honour Earl’s last wish: Acknowledge the reality that men suffer from their intimate partners’ violence almost as frequently as women do, and almost as consequentially. Offer funded shelter and counselling to both men and women who need it. And while we’re at it, offer funded anger management to women who need it — there are many — as well as to men. We will then see male suicide rates go down. It’s that simple. If we care.
Barbara Kay
National Post
bkay@videotron.ca

http://www.f4e.com.au/blog/2013/07/03/male-victims-of-domestic-abuse-continue-to-suffer-in-silence/

he Supreme Court recently applied the gender equality note when a husband was seeking divorce. It asked if it would have granted divorce to a woman from her husband, who on developing some mental disorder had become completely dependent on her, if she promised a huge sum as permanent alimony.


The Indian media hailed the judgment as another landmark citing gender equality. The question that remains to be answered is: would the Indian SC or any such court in India apply the same gender equality note when a husband complains of domestic abuse including emotional, financial or physical abuse at the hands of the wife or female partner?
Not likely in my opinion. Because the whole concept of gender quality in India is used by courts only when it benefits women in general and not men. Take the recent spate of rape cases being filed all over Indian where women allege rape on men when a consensual relation between them breaks down and marriage does not take place. In most cases, it is alleged that the man and woman had consensual physical relations and that man did not keep his promise of getting married to the woman. Police and courts accept such cases, the media highlight them and Indian rape statistics increase for no reason.
However, can a man also file a rape case against a woman if she decides to break a relationship after entering into a consensual physical relationship? Will the same Supreme Court then have applied the same gender equality note?
Now, let us come to more serious issue of domestic violence. It is a fact that over 65000 husbands are driven to suicide every year, compared to only 35000 wives. This is a statistical fact taken out of NCRB statistics and cited by various surveys and news reports.
While over 13 civil and criminal laws exist to protect wives from abusive husbands, the latter in India are not protected from domestic violence or matrimonial abuse from wives. Revisiting the Supreme Court’s approach of gender equality note all husbands must also be allowed to file domestic violence cases because the court would have allowed a wife to file the same if she had been abused.
The fundamental fact of the matter is that what’s bad for the goose is bad for the gander, but not in India where different standards are openly applied to the goose and the gander. Using words like "gender equality" when it comes to benefitting  women and "positive discrimination" when it comes to denying access to laws and the legal system to abused men, the Indian Judicial system is only denigrating its status amongst its citizens and making a mockery of itself.
Our legal system should instead come clean and openly announce the different standards that it applies to men and women so that men are under no false impression that the courts would think with a gender equality note if they approach them with a prayer. So much for gender equality!
- See more at: http://www.merinews.com/article/why-does-supreme-court-apply-gender-equality-only-one-way/15887535.shtml#sthash.g1kLEp6d.dpuf
he Supreme Court recently applied the gender equality note when a husband was seeking divorce. It asked if it would have granted divorce to a woman from her husband, who on developing some mental disorder had become completely dependent on her, if she promised a huge sum as permanent alimony.


The Indian media hailed the judgment as another landmark citing gender equality. The question that remains to be answered is: would the Indian SC or any such court in India apply the same gender equality note when a husband complains of domestic abuse including emotional, financial or physical abuse at the hands of the wife or female partner?
Not likely in my opinion. Because the whole concept of gender quality in India is used by courts only when it benefits women in general and not men. Take the recent spate of rape cases being filed all over Indian where women allege rape on men when a consensual relation between them breaks down and marriage does not take place. In most cases, it is alleged that the man and woman had consensual physical relations and that man did not keep his promise of getting married to the woman. Police and courts accept such cases, the media highlight them and Indian rape statistics increase for no reason.
However, can a man also file a rape case against a woman if she decides to break a relationship after entering into a consensual physical relationship? Will the same Supreme Court then have applied the same gender equality note?
Now, let us come to more serious issue of domestic violence. It is a fact that over 65000 husbands are driven to suicide every year, compared to only 35000 wives. This is a statistical fact taken out of NCRB statistics and cited by various surveys and news reports.
While over 13 civil and criminal laws exist to protect wives from abusive husbands, the latter in India are not protected from domestic violence or matrimonial abuse from wives. Revisiting the Supreme Court’s approach of gender equality note all husbands must also be allowed to file domestic violence cases because the court would have allowed a wife to file the same if she had been abused.
The fundamental fact of the matter is that what’s bad for the goose is bad for the gander, but not in India where different standards are openly applied to the goose and the gander. Using words like "gender equality" when it comes to benefitting  women and "positive discrimination" when it comes to denying access to laws and the legal system to abused men, the Indian Judicial system is only denigrating its status amongst its citizens and making a mockery of itself.
Our legal system should instead come clean and openly announce the different standards that it applies to men and women so that men are under no false impression that the courts would think with a gender equality note if they approach them with a prayer. So much for gender equality!
- See more at: http://www.merinews.com/article/why-does-supreme-court-apply-gender-equality-only-one-way/15887535.shtml#sthash.g1kLEp6d.dpuf
he Supreme Court recently applied the gender equality note when a husband was seeking divorce. It asked if it would have granted divorce to a woman from her husband, who on developing some mental disorder had become completely dependent on her, if she promised a huge sum as permanent alimony.


The Indian media hailed the judgment as another landmark citing gender equality. The question that remains to be answered is: would the Indian SC or any such court in India apply the same gender equality note when a husband complains of domestic abuse including emotional, financial or physical abuse at the hands of the wife or female partner?
Not likely in my opinion. Because the whole concept of gender quality in India is used by courts only when it benefits women in general and not men. Take the recent spate of rape cases being filed all over Indian where women allege rape on men when a consensual relation between them breaks down and marriage does not take place. In most cases, it is alleged that the man and woman had consensual physical relations and that man did not keep his promise of getting married to the woman. Police and courts accept such cases, the media highlight them and Indian rape statistics increase for no reason.
However, can a man also file a rape case against a woman if she decides to break a relationship after entering into a consensual physical relationship? Will the same Supreme Court then have applied the same gender equality note?
Now, let us come to more serious issue of domestic violence. It is a fact that over 65000 husbands are driven to suicide every year, compared to only 35000 wives. This is a statistical fact taken out of NCRB statistics and cited by various surveys and news reports.
While over 13 civil and criminal laws exist to protect wives from abusive husbands, the latter in India are not protected from domestic violence or matrimonial abuse from wives. Revisiting the Supreme Court’s approach of gender equality note all husbands must also be allowed to file domestic violence cases because the court would have allowed a wife to file the same if she had been abused.
The fundamental fact of the matter is that what’s bad for the goose is bad for the gander, but not in India where different standards are openly applied to the goose and the gander. Using words like "gender equality" when it comes to benefitting  women and "positive discrimination" when it comes to denying access to laws and the legal system to abused men, the Indian Judicial system is only denigrating its status amongst its citizens and making a mockery of itself.
Our legal system should instead come clean and openly announce the different standards that it applies to men and women so that men are under no false impression that the courts would think with a gender equality note if they approach them with a prayer. So much for gender equality!
- See more at: http://www.merinews.com/article/why-does-supreme-court-apply-gender-equality-only-one-way/15887535.shtml#sthash.g1kLEp6d.dpuf

Singer Hemanth accused of dowry harassment

Singer Hemanth accused of dowry harassment

Domestic controversies don't seem to leave the Kannada industry people, after the news of Duniya Vijay filing for divorce, comes the news of popular singer, Hemanth, being accused of dowry harassment by his wife, Priyadarshini.

According to sources, the police have registered a B Report in the case and filed the same to court, which means that there is no evidence in the dowry case. In 2009, Priyadarshini had filed a complaint against Hemanth and his family following which, Hemanth was arrested and spent two days in jail before he was released on bail.

It has been alleged that now the couple is involved in a settlement issue over the payment of one-time alimony. It seems to now have shadowed hemanth's career which he had managed to salvage bit by bit. However, the cops deciding that the case is false will be a major boost for Hemanth. 
 http://timesofindia.indiatimes.com/entertainment/regional/kannada/news-interviews/Singer-Hemanth-accused-of-dowry-harassment/articleshow/20927625.cms 

Wednesday, 3 July 2013

What if you're in her shoes, SC asks rejecting man's divorce plea

What if you're in her shoes, SC asks rejecting man's divorce plea

New Delhi: A man's plea for divorce on the grounds that their marriage is beyond salvage and that he will pay a substantial alimony to his wife has been dismissed by the Supreme Court saying that the husband would have never accepted dissolution of matrimonial ties had the wife raised identical reasons.
The court made the observation while rejecting the plea for divorce by the husband who had contended that though his wife's mental condition was normal, they have been separated for over 12 years and as such their marriage has irretrievably broken down. Also he said that he is willing to pay his wife any amount determined by the court as alimony.
A bench of justices P. Sathasivam and J.S. Khehar said he cannot be granted divorce "for the simple reason that the breakdown is only from the side of the husband" while the wife has consistently maintained that her paramount desire was to rejoin her husband."
"We would in our endeavour to determine the issue in hand examine the matter by reversing roles of the parties. We will examine the matter as if the wife had approached the Family Court seeking divorce on the ground that her husband had suffered brain damage leading to cognitive deficiencies.
"Yet, despite the said deficiencies, his working memory had returned to ‘near normal’ after treatment. "And his mental condition was such, that it would not have any effect on his matrimonial obligations. And the wife's family is agreeable to pay an amount to be determined by this court, so as to enable their daughter to break away, and find a more suitable match.
"Should she have been granted freedom from her matrimonial ties, in the given facts, in order to do complete justice to the parties? We would ask ourselves, whether the husband would have accepted such a plea...?" The court said, "In such situation, if this Court had, in exercise of its jurisdiction under Article 142 of the Constitution of India, granted compensation to the husband and had dissolved his marriage on the pretext of doing complete justice between the parties, would the same be acceptable to the husband? "We have no doubt in our mind, that on a reversal of roles, the husband, without any fault of his own, would have never accepted as just, the dissolution of his matrimonial ties, even if the couple had been separated for a duration, as is the case in hand," the bench said.
It also said the medical condition of the wife, on which the man had based his claim for divorce, was "of his own doing."
The apex court's order came on the appeal by the husband, who had challenged the decision of the Family court in Hyderabad and the Andhra Pradesh High Court which had rejected his plea for divorce from his wife.
The couple were married in 1997 when they were barely out of their teens.
After his wife's second pregnancy resulted in her suffering some mental disorder due to medical complications, he had moved the Family court in 2002 seeking divorce on the ground that she was not mentally sound.
The trial court had refused to grant him any relief saying that apart from his and his family's contentions that she had not recovered, there was no other evidence to support their claim.
The court also noted that as per medical professionals who had examined her, the woman's mental condition was found to be ‘normal’ and also that she was capable of discharging her marital obligations.
The high court had upheld the view of the trial court, and he had moved the apex court. He had contended before the apex court that they have been separated for over 12 years, their marriage is beyond salvage and as he is willing to pay a court determined amount as alimony, their marriage should be dissolved.
The apex court while refusing to grant him relief noted that "we cannot persuade ourselves to grant a decree of divorce, on the ground of irretrievable breakdown of marriage, for the simple reason that the breakdown is only from the side of the husband. The wife has consistently maintained, that she was intensely concerned with her future relationship with her husband, and that, her greatest and paramount desire was to rejoin her husband."
The bench also said that it was the husband himself who was ‘responsible for the state of affairs of his wife’.
 
 

शादीशुदा मर्दों को विचलित कर सकती है ये खबर

शादीशुदा मर्दों को विचलित कर सकती है ये खबर

आमतौर पर ये माना जाता है कि शादी के बाद जिंदगी खुशहाल हो जाती है और जिंदगी में नए बदलाव आते हैं।

लेकिन एक सर्वें में ठीक इसके विपरीत परिणाम निकले हैं। हाल ही में हुए सर्वें में ये बात सामने आई है कि जिंदगी को अलविदा कहने में कुंवारे पुरूषों से आगे हैं शादीशुदा मर्द।

राष्ट्रीय अपराध रिकॉर्ड ब्यूरो (एनसीआरबी) की हालिया रिपोर्ट के मुताबिक वर्ष 2012 में आत्महत्या के सरकारी आंकड़ों पर वैवाहिक स्थिति के हिसाब से नजर डाली जाए तो पता चलता है कि पिछले साल अपनी जीवन लीला का खुद अंत करने वालों में 70.3 फीसदी विवाहित पुरुष थे।

जबकि 22.6 प्रतिशत शादी के बंधन में कभी नहीं बंधे थे। एनसीआरबी की रिपोर्ट के अनुसार वर्ष 2012 में देश में आत्महत्या के कुल 1,35,445 मामले दर्ज किए गए थे।

पिछले साल 63,343 शादीशुदा पुरुषों ने जान दी, जबकि 31,921 विवाहिताओं ने आत्महत्या का कदम उठाया।

उधर, साल 2012 में खुदकुशी करने वाले कुंवारे पुरुषों की संख्या 19,727 थी। वहीं शादी के बंधन में नहीं बंधने वाली 10,830 महिलाओं ने मौत को गले लगाया।

पिछले साल आत्महत्या का कदम उठाने वाले लोगों में 3.7 प्रतिशत विधुर या विधवा के दर्जे वाले थे। खुदकुशी करने वालों में 3.5 प्रतिशत लोग या तो तलाकशुदा थे या किसी वजह से अपने जीवनसाथी से अलग रह रहे थे।

सरकारी आंकड़ों के मुताबिक पिछले साल खुदकुशी के मामलों में पुरुष-स्त्री अनुपात 65-35 रहा यानी जान देने वाले हर सौ लोगों में 65 पुरुष और 35 महिलाएं थीं।

यह आंकड़े बताते हैं कि वर्ष 2012 में आत्महत्या करने वाले हर छह लोगों में से एक गृहिणी थी।

एनसीआरबी की रिपोर्ट खुदकुशी का कदम उठाने वाले भारतीयों के मनोविज्ञान पर रोशनी भी डालती है।

रिपोर्ट बताती है कि यह देखा गया कि पिछले साल ज्यादातर पुरुषों ने सामाजिक और आर्थिक कारणों से आत्महत्या की, जबकि अधिकतर महिलाओं ने भावनात्मक और निजी वजहों के चलते खुद अपनी जीवन लीला समाप्त कर ली।


http://www.amarujala.com/news/18-1/survey/more-married-people-commit-suicide-than-unmarried/ 

NGO questions rise in cases of cruelty

NGO questions rise in cases of cruelty

Raising concern over the rise in cases of cruelty in West Bengal against women by their husbands or relatives but low rates of conviction, a non-government organisation has approached both the State government and the State Human Rights Commission. 
According to the statistics revealed by the National Crime Records Bureau (NCRB) last month or the year 2012, the number of cases registered under Section 498A of the Indian Penal Code (IPC) in the State was 19,885 — about 18.6 per cent of those recorded in the country, which totalled about 1.06 lakh cases. 
Referring to the NCRB data, members of the city-based NGO “Hridaya,” pointed out that while conviction in the rest of the country in cases registered under the Section was 15 per cent, it stood around 4.4 per cent in West Bengal. 
“This begs the question whether or not most of these cases were registered by the women with the motive of falsely implicating their spouses and his relatives?” Amit Gupta, secretary, Hridaya. 
The NCRB data over the past three years points out that conviction of cases registered under Section 498A varies between four and six per cent while the number of cases has increased by 11 per cent from 2010 to 2012. 
West Bengal registered 30,984 cases of crime against women in 2012 — the highest in the country — of which 64 per cent were registered under Section 498A of the IPC, Mr. Gupta pointed out. 
“Our objective is to spread awareness about the high number of cases registered for cruelty against women by their spouses and relatives. The law enforcement agencies should have specific guidelines to register cases under this section as majority of the cases are not ending in conviction,” he added.

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

NRI Booked for rape, fraud in Gurgaon

NRI Booked for rape, fraud in Gurgaon


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 

मायके आई विवाहिता प्रेमी संग फरार

मायके आई विवाहिता प्रेमी संग फरार

महराजगंज, अप्र : कोतवाली क्षेत्र में मायके आई विवाहिता प्रेमी संग फरार हो गई। पति ने प्रेमी को नामजद करते पुलिस को तहरीर दी है।
कोतवाली क्षेत्र के पूरे मेहरबान सिंह मजरे ज्योना की 23 वर्षीय विवाहिता दो सप्ताह पूर्व अपनी ससुराल उन्नाव जिले के कर्दहा गांव से मायके आई थी। बीती 13 मई को वह बिना बताए कहीं चली गई। मायके वालों ने इसकी जानकारी ससुरालीजनों को दी। पति ने पत्‍‌नी की काफी खोजबीन की लेकिन उसका कुछ पता नहीं चला। जब उसे पत्‍‌नी का गांव के ही इजहार पुत्र इशहाक से प्रेम प्रसंग की जानकारी हुई तो उसने नामजद तहरीर कोतवाली में दी। पति ने बताया कि उसकी शादी तीन वर्ष पहले हुई थी। अब तक उसके कोई संतान नहीं है। उसका कहना है इजहार से उसका काफी दिनों से प्रेम प्रसंग चल रहा है। कोतवाली प्रभारी केआर वेदवान ने बताया कि तहरीर मिली है, जांच के बाद मामला दर्ज किया जाएगा।

http://www.jagran.com/uttar-pradesh/raebareli-10399998.html

दो बच्चों की मां प्रेमी संग फरार

दो बच्चों की मां प्रेमी संग फरार

लालगंज, अप्र :गुरुवार को दो बच्चों की मां अपने प्रेमी संग फरार हो गयी। वहीं दो अन्य महिलाओं के गायब होने की शिकायत कोतवाली में की गयी है।
विवेक उर्फ रिंकू सिंह निवासी कुम्हड़ौरा ने कोतवाली में रिपोर्ट दर्ज करायी है कि उसकी पत्‍‌नी मोनी उर्फ अमृता सिंह बीती 22 जून को लालगंज बाजार गयी थी। वहा से वह अपने कथित प्रेमी पुष्पराज सिंह निवासी धन्नीपुर के साथ रफूचक्कर हो गई। पति ने बताया कि मोनी अपने साथ 50 हजार रुपए नगद ले गई है। वह अपने दो बच्चों वैभव(6) तथा वैशाली(3) को घर पर छोड़ कर गयी है।
क्षेत्र की ददरी मजरे दतौली निवासी मनोज कुमारी का विवाह एक माह पूर्व में हुआ था। बीती दो जुलाई से वह गायब है। मां विमलेश ने कोतवाली में तहरीर देकर न्याय की गुहार लगाई है। विमलेश कुमारी ने पुत्री के पास 50 हजार नगदी व 12 थान जेवर लेकर भागने की बात भी तहरीर में दर्शायी है।
दूसरी घटना में पूरे गुलाब मजरे सेमरपहा निवासी ओमप्रकाश ने लालू पुत्र गंगाराम निवासी रसूलपुर थाना सरेनी के खिलाफ उसकी पत्नी मंजू को भगा ले जाने का आरोप लगाते हुए कोतवाली में तहरीर दी है। ओमप्रकाश का विवाह पिछले 18 जून को हुआ था। पहले मामले में पुलिस द्वारा गुमशुदगी दर्ज कर ली गयी है जबकि दूसरे मामले की जाच की जा रही है।

http://www.jagran.com/uttar-pradesh/raebareli-9464038.html

प्रेमी संग मिलकर पत्‍‌नी ने किया असलम का कत्ल

प्रेमी संग मिलकर पत्‍‌नी ने किया असलम का कत्ल

रायबरेली, संवाददाता : मिल एरिया के हरदासपुर निवासी असलम को उसकी पत्‍‌नी ने प्रेमी संग मिलकर मौत के घाट उतार दिया। हत्या के बाद शव को हुसैनगंज, फतेहपुर में फेंक दिया गया। गुरुवार को पुलिस की पूछताछ में नसरीन ने अपना जुर्म कबूल कर लिया है। पुलिस ने नसरीन समेत पांच लोगों के खिलाफ हत्या का मुकदमा दर्ज कर विवेचना शुरू कर दी है।
जानकारी के अनुसार हरदासपुर निवासी मो. रसीद के पुत्र असलम (24) की शादी कल्लू का पुरवा निवासी अजीज की पुत्री नसरीन से दो मई को हुई थी। शादी के बाद दोनों के बीच अक्सर अनबन होती रहती थी। कुछ दिन पहले नसरीन अपने मायके चली आई। 22 जून को उसने असलम को फोन करके प्रदर्शनी देखने की बात कही। असलम बाइक से घर से निकला। त्रिपुला चौराहे के पास नसरीन उसे मिली। वह उसे चौराहे के निकट स्थित पेट्रोल पंप के पीछे एक मकान में ले गई, जहां पहले से उसका प्रेमी रोशन लाल निवासी कल्लू का पुरवा मौजूद था। रोशन के साथ तीन-चार युवक और भी कमरे में थे। असलम के कमरे में पहुंचते ही पांचों ने मिलकर उसका गला बाइक के एसेलरेटर वायर से कस दिया, जिससे उसकी मौत हो गई। असलम की हत्या के बाद नसरीन अपने घर चली आई। रोशन और उसके साथियों ने डलमऊ-फतेहपुर बार्डर पर हुसैनगंज थाना क्षेत्र में शव को छिपा दिया।
23 जून को असलम का शव हुसैनगंज पुलिस को मिला। शर्ट पर टेलर के लेबल से उसकी शिनाख्त की गई। पोस्टमार्टम रिपोर्ट में गला कसने से मौत की पुष्टि हुई। इसके बाद मिल एरिया पुलिस ने संपर्क साधा गया। गुरुवार को असलम के परिजन व गांव के लोग मिल एरिया थाने पहुंचे और हत्यारों की गिरफ्तारी की मांग करने लगे। पुलिस ने असलम की पत्‍‌नी नसरीन को पूछताछ के लिए थाने लाई। नसरीन ने हत्या की बात कबूल की और पूरा घटनाक्रम बताया। जिसके बाद उसके व उसके साथियों के खिलाफ मुकदमा दर्ज कर लिया गया है।

http://www.jagran.com/uttar-pradesh/raebareli-10513780.html

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

Tuesday, 2 July 2013

Magistrate held for 'rape' gets bail, to join duty

Magistrate held for 'rape' gets bail, to join duty

COIMBATORE: Judicial magistrate S Thangaraj, who was arrested on Saturday on charges of raping a female sub-inspector, got bail from the Tirupur district and principal sessions judge's court on Monday. The bail order was served to the Coimbatore Central Prison and the magistrate was released on Monday evening. "He will take charge on Tuesday at the fast track court in Coonoor," his lawyer, Bhavani B Mohan said.

Thangaraj was arrested from ThattanKuttai near Kumarapalayam in Namakkal district on Saturday and sent to judicial custody after a female sub-inspector lodged a complaint with the Palladam all women police station, alleging that he had a physical relationship with her for more than a year after promising to marry her. The Palladam all women police station registered a case against the magistrate under Sections 376 (rape), 417 (cheating) and 506 (i) (criminal intimidation) of the IPC.

Thangaraj filed a bail petition before the Tirupur district and principal sessions judge's court, which came up for hearing on Monday before judge K Ganeshan. Public prosecutor KN Subramaniam argued that police had followed the rules and regulations of the Supreme Court and Madras high court in registering the case and, hence, the accused should not be allowed to enter the Nilgiris and Tirupur districts till the police investigation was completed.

Senior advocate Bhavani B Mohan, appearing on behalf of Thangaraj, argued that the woman SI had lodged a complaint with the Palladam all women police station on June 21 and that the case was registered on June 29. Police arrested the magistrate on Saturday and slapped rape charges on him. The charge does not apply in this case as they were in a relationship with mutual consent. The magistrate was not even told about the grounds of arrest. Mohan termed the incident as an assault on the judiciary and pleaded to the court to release Thangaraj.

Judge Ganeshan granted bail after the arguments concluded. Thangaraj, 31, of Oonjapalayam in Erode district is judicial magistrate at the fast track court at Coonoor in the Nilgiris district. He had allegedly been in a relationship with the woman sub-inspector attached to Palladam police station. However, he married another woman on June 20. 
 http://timesofindia.indiatimes.com/india/Magistrate-held-for-rape-gets-bail-to-join-duty/articleshow/20867226.cms 

SC strikes gender equality note in grant of divorce

SC strikes gender equality note in grant of divorce


NEW DELHI: Irretrievable breakdown of marriage, coupled with promise of large amount of money as permanent alimony, has been cited by rich and powerful men to seek divorce from their wives when all was not well in the marital relationship.

Striking a gender equality note, the Supreme Court on Monday turned the tables and asked whether it would have granted divorce to a woman from her husband, who on developing some mental disorder had become completely dependent on her, if she promised a huge sum as permanent alimony.

The case related to Darshan Gupta and Radhika Gupta, who married when they were barely out of their teens in 1997. Radhika's first pregnancy was terminated due to medical reasons. The second pregnancy was again a very complicated one and the child had to be delivered through Caesarian section. She remained unconscious for a long time and developed serious mental disorder. The child died eight days after birth.

Though she was treated in reputed hospitals, she allegedly remained mentally ill. The husband claimed separation from her since 2002, breakdown of marriage and offered a large sum of money as permanent alimony to seek termination of marriage.

A bench of Justices P Sathasivam and J S Khehar rejected the husband's plea and wondered whether a similar request by a woman would have been entertained by the apex court for grant of divorce from a husband who developed some mental disorder.

"In the context of doing justice, it was suggested that the appellant (husband) would be ready and willing to pay the respondent (wife) whatever was considered appropriate by the Supreme Court. We are informed that the appellant is financially well to do," the bench said.

"We would, in our endeavour to determine the issue in hand, examine the matter by reversing the roles of the parties. We will examine the matter as if the wife had approached the family court seeking divorce, on the ground that her husband had suffered brain damage leading to cognitive deficiencies. Yet, despite the said deficiencies, his working memory had returned to 'near normal' after treatment. And his mental condition was such that it would not have any effect on his matrimonial obligations," the bench added.

"And the wife's family is agreeable to pay an amount to be determined by this court (just as the husband Darshan Gupta has offered), so as to enable their daughter to break away and find a more suitable match. Should she have been granted freedom from her matrimonial ties, in the given facts, in order to do complete justice to the parties? We would ask ourselves whether the husband would have accepted such a plea, in the facts denoted above," it further said.

"In such a situation, if this court had, in exercise of its jurisdiction under Article 142 of the Constitution of India, granted compensation to the husband, and had dissolved his marriage on the pretext of doing complete justice between the parties, would the same be acceptable to the husband? We have no doubt in our mind that on a reversal of roles, the husband, without any fault of his own, would have never accepted as just the dissolution of his matrimonial ties, even if the couple had been separated for a duration, as is the case in hand," Justice Khehar, while authoring the judgment for the bench, said. 

Techie's death: ‘girlfriend' arrested

Techie's death: ‘girlfriend' arrested 

The Mahadevapura police on Friday arrested a 23-year-old woman in connection with the death of software engineer S. Sreerag (25), whose body was found in his car in AECS Layout, off Whitefield, Tuesday morning.
The police said the arrested woman was Gayathri alias Jennifer, a K.R. Puram resident and a team leader with a telemarketing firm in Indiranagar.
Deputy Commissioner of Police (East) T.G. Krishna Bhat said she has been charged with impersonation.

Wrong picture

The police suspect that HP employee Sreerag, a native of Kozhikode in Kerala, committed suicide after his marriage proposal was turned down by Gayathri, whom he had met on a social network website in January. She had introduced herself as Jennifer and had emailed her friend's photograph to him, claiming that it was her. A smitten Sreerag started texting and chatting with her without ever seeing her.
When he proposed marriage a few days ago, she turned him down saying she was engaged to a London resident. A dejected Sreerag, police suspect, ended his life. He was found on the rear seat of his car near a park in AECS Layout where he had rented a house. His face was covered with four plastic covers and sealed with several layers of duct tape. A teddy bear, purportedly a gift for Jennifer, was found in the car.

Depressed, young film editor ends life

Depressed, young film editor ends life

MUMBAI: Under pressure to withdraw rape charges against her ex-boyfriend who called off their wedding, a 22-year-old film editor hailing from Delhi allegedly committed suicide at her rented residence at suburban Jogeshwari here, police said on Monday.
According to Oshiwara police, the incident took place last night in 471/Adarsh nagar chawl.
The deceased, Pallavi Jha, was found hanging from the ceiling. During panchnama, the police did not find any suicide note. The body was sent to Cooper hospital for an autopsy, after which a case was registered on Monday afternoon.

Her former boyfriend, against whom she had filed a rape case in Delhi last year, has been booked for abetting her suicide, police said.
During investigation, the police found that Jha had come to Mumbai two years ago to pursue a career in film industry. She had been working as a film editor and had shared her room with another film editor who is also a Delhite.
"Jha, who was also an aspiring model, was in a relationship with one Shailendra Sharma from Delhi for about five years in the past. She was set to marry Sharma but he called off the wedding as her family could not meet his dowry demand. Sharma demanded Rs 35 lakh in cash as dowry," said senior police inspector Naseer Pathan.
"Then Jha had filed a rape case against Sharma at a police station in Delhi last year alleging that he had maintained a sexual relationship with her on the pretext of marrying her. Later, Sharma started threatening her to withdraw the rape charges against him, which had depressed her a lot," the officer said.
Sharma has been booked for abetting her suicide after the victim's mother Vandana's complaint. The accused would be arrested from Delhi soon, Pathan added. 

http://articles.timesofindia.indiatimes.com/2013-07-01/mumbai/40306629_1_film-editor-police-inspector-police-station 

Monday, 1 July 2013

Shocking: Mother tries to bury infant girl alive

Shocking: Mother tries to bury infant girl alive

 

Crime, she wrote

Crime, she wrote

The femme fatale is a popular figure in crime fiction. Dashiell Hammett’s voluptuous blondes with beautiful faces and stone cold hearts ready to commit murder with panache and equal ruthlessness; Philip Marlowe’s redheads with revolvers and the hot-blooded murderesses of George Simenon’s works lend a dark glamour to the female criminal. In reality, however, the truth may be more mundane and gory; devoid of the sheen of good fiction. The deceptive gentleness of Kerala—the state of friendly people and emerald fields—is suddenly Ground Zero for the femme fatale with a yen for blood and con. The number of crimes recently exposed in the state where women have emerged as  linchpins has shot up to such an extent that it has given birth to an altogether new saying: there is a woman behind every successful crime. She cooks up a storm full of murder, sex, blackmail and intrigue.
Saritha S Nair, Kerala’s new Betty the Blackmailer is the scandalous seductress—in concert with her allegedly murderous beau Biju Radhakrishnan—who has put the political establishment in a bind. The divorced Saritha was a college dropout who grew up in a dysfunctional family.
The taste for the good life brought her a like-minded partner in the form of Biju. Together they wove a net of fraud and blackmail, trapping starlets, politicians and prominent businessmen in their net. Her call details to Chief Minister Oomen Chandy’s aides (Chandy would speak to people only through those cell phones) leaked by a TV channel almost threatened to bring the government down. If it was not for the close relationship with some senior luminaries in the Communist Party that led the previous government—an important ex-minister was her “uncle”—Chandy would’ve been cornered into complete humiliation and despair.
Saritha’s allure over all those she dealt was most over Biju. Saritha’s is a cheap dime novel story—she married a Dubai-based businessman, whom she divorced in 2006 to live with Biju. Biju’s wife Reshmi complained to the cops that Saritha wrecked her marriage and her husband abandoned her for Saritha’s sake. Later, Reshmi was found dead in her bathroom. When Biju was arrested from a Coimbatore hotel two weeks ago, he was charged with murdering his wife through poison. Kerala’s Crippen alleged that Saritha was in a relationship with former UDF minister, K B Ganesh Kumar, and shared hotel rooms in Coimbatore where Ganesh had gone for an official function. Earlier, Ganesh’s wife had complained of his philandering accusing Chandy of shielding her. The chief minister finds himself in the unenviable position of being cornered in this scandal, which has provided much grist for Kerala’s rumour mills.
Another woman, the actor and dancer Shalu Menon, is under the scanner after reports pointing at her role in Saritha’s fraudulent schemes. Police suspect that it was Shalu who helped Biju to leave Kerala the day Saritha was arrested. Shalu and her mother were reportedly in the room next to the one in which Biju was staying as well. Police sources reveal that Saritha was a honey trap for the big wheels in politics and business; blackmailing them after photographing them in compromising positions with her. More revelations involving the state’s power elite are expected to fall out of Saritha’s and Biju’s closets as the police continue their investigations of how she defrauded many using their jointly owned company Team Solar as a front.
A survey of the inmates of Viyyur Women Prison showed that 100 per cent of the female prisoners in the prison are from Kerala. Fifteen out of 32 are convicted for murder and three are on trial for murder. Two hundred and seven women are incarcerated in different jails in the state, with 56 convicted criminals and 151 facing trial. Earlier, women caught by the police were found to be only involved in minor crimes like bootlegging and selling a few grams of marijuana.
Some, like their universal sisters, were just prostitutes—more bathos than blood. The marquee of mayhem is the new show in town—now women criminals in the state are being arrested for serious offences, ranging from brutal murders to multi-crore scams. Incidentally, Kerala tops India’s crime list with 455.8 cases for every 1,00,000 persons according to the National Crime Records Bureau. Ironically, along with Bihar and Chhattisgarh, Kerala tops the states with the highest percentage of women legislators with criminal records. A PRS Legislative Research study shows that 83 per cent of women legislators have criminal records in Kerala.
 The modus operandi of women criminals in the state is a cocktail of politics, sex, cinema and crime; in some cases the la belle dames sans merci even marry hardcore criminals if it helps them to successfully execute their plans.
However, 54-year-old medical doctor Omana Edadan was flying solo; she is one of the most memorable of women criminals, perhaps the first one to capture public imagination in recent times. Omana is wanted in the murder of her lover Muralidharan in 1996. The middle-aged Lucretia Borgia of Kerala had poisoned Muralidharan. With surgical precision, she went on to dismember him, cut up his bones into little convenient pieces at her home in Payannur, where she lived alone. At her macabre best, she carefully packed her unfortunate paramour’s flesh and bones separately in plastic packets. The internal organs, she cut into very small pieces and flushed down the toilet. The police calculate it took her a mere three hours to accomplish the ghastly operation. Thereafter, she calmly placed packets in the boot of her car, and drove to the salubrious Tamil Nadu hill station Ooty where she checked into a hotel after parking the car at the railway station.
Thereafter, she made an attempt to dump the various parts of Muralidharan into a ravine. She then hired a taxi to go to nearby hill retreat Kodaikanal, which she thought provided a better option to dispose of the remains. However, the taxi driver got suspicious and informed the police. Omana was arrested. The deadly doctor spent a few months in Madras Central Jail. Soon, she managed to get out on bail. However, she jumped bail and has been in the wind since 2001.
“With better education and the increasing social exposure it entails, women have grown increasingly confident of doing anything that men are capable of. This is reflected in crime as well and they exploit the opportunities as well as men do. In fact, women are in a better position to exploit the weaknesses of prospective victims,” says James Vadakkancherry, a reputed criminologist.
According to James, women are capable of formulating a better modus operandi by virtue of their looks, approach and communication skills. He cited the more recent example of Shobha John, the only woman who holds the dubious honour of being in the Kerala Police’s ‘goonda’ list, to make his point.
Shobha made headlines in 2006 when she blackmailed and then kidnapped the former Thanthri (head priest) of Sabarimala, Kandaru Mohanaru. He was abducted and taken to a flat in Kochi and photographed with a woman in a compromising position. It’s not just blackmail and honey traps Shobha was an expert at. She also ran a successful prostitution racket. She figured prominently in the shocking Varappuzha sex scandal where a minor girl was bought from her mother and then pimped out to several high profile clients. She was caught and booked. But that wasn’t all. Next, one of her gang members who were also arrested by the police sang like a canary on their boss’s crimes. He accused Shobha of murdering one of her gang members. Sent to jail, the blackmailing belle became a source of dangerous embarrassment to the reputation of many of the high and mighty in the state. Out on bail, her reputation as an expert blackmailer had the political and bureaucratic class nervous. In fact, in her bail petition, which she filed in Kerala High Court in the second week of June, where it is pending since, Shobha claimed that the police were implicating her in one case after another. The reason she gave was that her revelations would expose many top politicians.
“There are many reasons why women like Shobha end up as criminals. Many of them have grown up in troubled families or have witnessed crimes in their childhood. The submissive personality of women may also induce them to commit a crime for their partners’ sake in some cases,” says A V Druhin, Professor, Psychiatry department, Academy of Medical Science, Kannur.
He observed that women in their 40s seem willing to go to any extent to lead luxurious lives.
“Women can better sell a fraud than men since they can instill confidence in the victims. They also fly below the police radar much better than men. For instance, a few years ago, an attractive woman successfully donned the role of a guide in smuggling spirits. Though the gang was eventually caught, it was the presence of a woman that helped them to initially evade the police net. Besides, women seem to be better equipped in building contacts with the powers-that-be, helping them to evade the long arms of the law for longer periods than men,” says C P Udayabhanu, a noted criminal lawyer of the Kerala High Court.
Crime and glamour are kissing cousins, as seen in the case of the 25-year-old actress Leena Maria Paul, who was born in Kerala but brought up elsewhere, and her male friend from a south Delhi farmhouse where they were hiding, following a cheating case which was registered against them in Chennai. Leena, who has acted in Malayalam films like Red Chillies, is a well-educated girl who entered the field with the help of her friend Balaji. During her interrogation, Leena confessed that it was a desire for a lavish lifestyle and easy money, which made her take part in criminal activities. Along with Balaji, she has been involved in many other cases including defrauding a Chennai-based bank of `19.22 crore.
Justice D Sreedevi, a former chairman of the women’s commission, adds, “Money is the root cause of all evil. It also spoils the life of women. Those who are involved in crimes like this like to lead a luxurious life and want to find an easy way to get money for it. Surprisingly, the women are ready to go to any extent, even commit murder, to earn money. The number of alcoholic women is also increasing. Under the influence of alcohol they commit any crime.” But only eight women have been convicted in alcohol related cases so far while 27 are facing trial.
Money plays an important role in sex crimes and murder. A case célèbre was of former Kerala beauty queen Sherin and her alleged lover Basit Ali. In November 2010, Bhaskara Karanavar who had returned to Kerala after retiring from the US government, was found murdered in his house in Alappuzha. After investigations, the police concluded that the murder was planned and executed by the dead man’s daughter-in-law Sherin and Basit.
Basit and two accomplices smothered Karanavar to death, guided by Sherin. The provocation was Sherin’s name being cut off from Karanavar’s will. The police tech and cyber division examined calls from her cell phone and Orkut chat records to nail her.
Further investigations revealed a sordid network of crime. Ali, on the run after the murder and arrested from Karnataka reportedly ran a hawala network in Kerala. Cops said that Sherin seduced Ali and promised him they would live together with the proceeds. Sherin had a criminal history; when she and her husband Binu were living with Karanavar in New York she allegedly blackmailed her father-in-law for money, threatening divorce. The cops said she was jailed for credit card fraud and stealing money on her job.
In the opening chapter of Raymond Chandler’s The Big Sleep, gum shoe Philip Marlowe is visiting a client living in a stately home. The passage ends: “I was still staring at the hot black eyes when a door opened far back under the stairs. It wasn’t the butler coming back. It was a girl.”
Well the butler didn’t do it. She did.

http://newindianexpress.com/magazine/Crime-she-wrote/2013/06/30/article1655916.ece

'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=[]

India’s 498a Law – The Abuse Continues

 India’s 498a Law – The Abuse Continues 


In a landmark decision in 2010, Preeti Gupta v. State of Jharkhand, the Supreme Court of India lambasted the prevalent abuse of the infamous Section 498a of the Indian Penal Code law demanded that the legislature should change the law and directed that a copy of its decision be sent to the Law Commission of Indian the hope that the legislation might be amended.

The Law Commission issued a report in August 2012, calling for quite modest changes in the law. However, even those changes have not yet been enacted.

In Gupta the Supreme Court demanded that lower courts intervene to prevent the rampant consequential abuse of process, which has “led to enormous social unrest affecting peace, harmony and happiness of the society”; ruled that “most” 498a cases are filed in the heat of the moment over trivial issues without proper deliberations; asserted that many such cases are not bona fide, that many are filed with an oblique motive, and that many are filled with exaggerated or false claims; explained that these cases “can lead to insurmountable harassment, agony and pain to the accused and to his close relations” and “immense sufferings for all concerned;” and stated further that an ultimate acquittal may “not be able to wipe out the deep scars of suffering of ignominy.”

Meanwhile the abusive conduct continues. The Law Commission reported that in 2010 there were at least 340,555 cases under Section 498-A that were pending trial in various courts towards the end of 2010 and that there were as many as 938,809 people who were implicated in these cases. The reason that there were almost three times as many people accused as there were cases is that the law expressly authorizes a wife (but not a husband) to ask the police to bring charges against all of the relatives of her husband who may have participated in the alleged acts of cruelty.

We have commented previously on this law, that was well-intentioned in its enactment but which is frequently misused in India as a means of blackmailing non-resident Indian husbands. http://www.international-divorce.com/Indias-Notorious-Section-498A.htm.

http://www.internationalfamilylawfirm.com/2013/06/indias-498a-law-abuse-continues.html 

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 

Sunday, 30 June 2013

Magistrate in Tamil Nadu arrested on rape charges

Magistrate in Tamil Nadu arrested on rape charges

A magistrate in the Nilgiris district of Tamil Nadu has been arrested on charges of rape after a complaint by a woman police officer.

The woman, a sub-inspector in Coimbatore, has alleged that she was in a live-in relationship with the magistrate following his promise to marry her.

She claims the judicial officer refused to marry her and had recently married another woman.

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A court in Tirupur district court has remanded the magistrate for two weeks.The incident comes a week after the controversial order by the Madras High Court which said that pre-marital sex is equivalent to marriage.

The High Court gave its judgement during an alimony hearing. The mother of two from Coimbatore was left by the man, who fathered her children. A court in Coimbatore had directed the man to pay maintenance for the children. However, the woman was denied alimony as she did not have valid documents of a marriage.

http://www.ndtv.com/article/south/magistrate-in-tamil-nadu-arrested-on-rape-charges-385932?pfrom=home-topstories

Saturday, 29 June 2013

Gurgaon gang rape: Main rape accused arrested, but ground reality unchanged

Gurgaon gang rape: Main rape accused arrested, but ground reality unchanged

GURGAON: Gurgaon police on Friday nabbed the key accused in the Thursday early morning rape in a moving car, bringing the total number of arrests in the case to six. The accused has been identified as Dharambir, and it was he who planned the rape to get value for the Rs 10,000 he had paid to the two victims and also raped one of them.

The Toyota Corolla Altis car in which the two women were raped by the accused has been retrieved and the five persons who were arrested on Thursday were sent in judicial custody on Friday. Dharmabir had been trying to get to girls over the past week but when he couldn't he got a friend to lure them to get into his car and then carried out the rape of the victims. Police are currently interrogating him about the whereabouts of last of the seven accused, Vikram, who is at large.

"Dharambir, 27, is a native of Dor Kalan village near Narnaul and used to work as a taxi driver. We recovered the Corolla Altis car, which was used in the rape. We found out during the interrogation that the accused had raped the victims without using contraceptives. There is a possibility of getting strong biological evidence against the accused from the car," an investigating officer said.

The victims of the horrific incident were two Delhi-based women who had hired a private cab a little after 12.30am on Thursday after finishing their work in a pub. The two residents of Tughlakabad had left Empire Club in Metropolitan Mall on MG Road at 12 midnight. Sources said that the two were entry "escorts" and regulars at the club for three days in a week and would help boys to gain the cheaper "couple entry" and avoid the expensive "stag entry".

On the same day police arrested five of accused, identified as Devender, Parmod, Harish Khan alias Nisar, Satish and Devinder. One of the accused is a native of Mewat district while the other four belong to Nangal Peepa village in Mahendergarh distirct. An Indica car has been retrieved from them. One of the two victims, who is 27 years old, told police that they had come out of Empire Club a little after midnight and reached in front of Club-18 in an auto. Since their taxi driver had not reached in time to pick them up, they hired a Toyo
 http://timesofindia.indiatimes.com/city/gurgaon/Gurgaon-gang-rape-Main-rape-accused-arrested-but-ground-reality-unchanged/articleshow/20823417.cms 

पत्नी और ससुरालवालों की ज्यादती से परेशान होकर पहुंचा कोर्ट

पत्नी और ससुरालवालों की ज्यादती से परेशान होकर पहुंचा कोर्ट

एनबीटी न्यूज ॥ राजनगर
युवक के साथ मारपीट की शिकायत पर कोर्ट ने पत्नी सहित ससुराल पक्ष के पांच लोगों के खिलाफ कंप्लेंड केस दर्ज करने का आदेश दिया है। शकूरपुर निवासी आकिल की ओर से उसके अधिवक्ता सुरेन्द्र सिंह ने कोर्ट में प्रार्थना पत्र दिया।

प्रार्थना पत्र माध्यम से बताया कि आकिल की शादी 10 अप्रैल 2011 को मुरादनगर निवासी उस्मान की बेटी गुलिस्ता परवीन के साथ हुई थी। शादी के बाद से गुलिस्ता परवीन का व्यवहार अच्छा नहीं रहा। आरोप है कि वह दहेज के झूठे मुकदमे में फंसवाने या फिर आत्महत्या करने की धमकी देती थी। उसने गुलिस्ता को समझाने का प्रयास किया, लेकिन वह मायके चली गई।

गुलिस्ता और उसके पिता ने कहा कि अपना मकान और दो लाख रुपये गुलिस्ता के नाम कर दो। इस शर्ता पर ही गुलिस्ता तुम्हारे साथ जा सकती है। आरोप है कि मना करने पर गुलिस्ता के परिवार वालों ने आकिल और उसके पिता के साथ मारपीट की और जबरन स्टांप पेपर पर साइन कराने चाहे। किसी तरह से वे दोनों जान बचाकर भाग आए। उन्होंने मामले की शिकायत पुलिस में की, लेकिन पुलिस ने रिपोर्ट दर्ज नहीं की।


http://navbharattimes.indiatimes.com/articleshow/20821351.cms 

Lump sum payment received from Ex-husband against relinquishment of monthly maintenance not taxable: Tribunal

Lump sum payment received from Ex-husband against relinquishment of monthly maintenance not taxable: Tribunal

MUMBAI: Marriages are made in heaven, but a divorce happens on earth and with it comes the inevitable question of alimony and its tax implications. In a recent decision the Delhi Income-tax Appellate Tribunal (ITAT) has held that a lump sum payment received from a former husband, against relinquishment of monthly maintenance is a capital receipt and is not taxable.

The case relates to a Delhi-based woman, who had received a lump sum of $99,000 from her ex-husband based in the United States, but had not shown the amount in her tax declaration. Based on current exchange rate this sum translates to approximately Rs. 60 lakh.

Under Indian tax laws, any sum of money received by an individual without any consideration (without getting anything in return), in excess of Rs 50,000 in a year, is taxable. But if the same is received from a relative, such as a spouse, or on certain occasions such as marriage, it is exempt.

The tax officer, in this case, had held that as the divorce had taken place several years ago, the Delhi-based resident was not a 'relative' and hence such payment was not exempt but taxable as 'income from other sources' in her hands. This approach adopted by the tax officer, was rejected at the first level of appeal - commissioner of income-tax (appeals).

The commissioner held that the amount was paid by way of alimony only because they were husband and wife. Thus the payment received was from a relative (which includes spouse).

Further it cannot be said that the lump sum amount was received without any consideration. It was received against relinquishment by the wife of her right to receive monthly alimony payments (both past arrears and future payments). Such monthly payments were provided for in the divorce agreement.

Hearing an appeal filed by the tax officer, the Delhi ITAT upheld the order of the CIT (appeals). It observed that: "In this case, the taxpayer was to receive monthly alimony which was to be taxable in each year. As such monthly payments were not received they were not offered for tax as income. The lump sum received by the woman was a consideration for relinquishing all past and future claims." It was a non-taxable capital receipt not liable to tax, concluded the ITAT.

"Tax on alimony payment cannot be avoided by merely taking a lump sum consideration. Various facts such as the period of time the monthly alimony was not received, action taken for receipt of such alimony, and the fact pattern of the final settlement by way of lump sum payment will determine whether it will be treated as non-taxable," cautions a civil advocate, attached to the Mumbai high court.

http://timesofindia.indiatimes.com/india/Lump-sum-payment-received-from-Ex-husband-against-relinquishment-of-monthly-maintenance-not-taxable-Tribunal/articleshow/20823480.cms?

Govt wants judges fined for frequent adjournments

Govt wants judges fined for frequent adjournments

NEW DELHI: The government has suggested that higher judiciary impose fines on judges for allowing frequent and too many adjournments, a move which can potentially ensure swift punishment for those guilty of heinous crimes, early release of undertrials who may be found innocent as well as respite for those who have been embroiled in interminably long litigation over civil disputes.

The government has been holding consultations with the Supreme Court to urge the latter to ensure that the amendment made under Section 309 of the Code of Criminal Procedure (CrPC), which capped the adjournments permissible in a case at three, are implemented. It suggested that the higher judiciary consider imposing fines on judges infringing the three adjournment ceiling.

In fact, in cases of heinous crimes like rape, the amended Section 309 of CrPC lays down a timeframe of two months for the completion of inquiry as well as trial.

Sources said the law ministry has held several rounds of consultations with the apex court, and expressed satisfaction with the response it received to the proposal for strict enforcement of Section 309 of CrPC, limiting the number of adjournments before the subordinate judiciary.

The apex court too has in a number of recent judgments frowned upon the trend among subordinate judiciary to allow frequent adjournments: something which has been identified as one of the main factors behind the huge pendency of cases. The government is hopeful that SC may take steps shortly to ensure that the guidelines under the amended Section 309 are no longer disregarded by judges.

Section 309 of CrPC provides that "every inquiry or trial shall be held as expeditiously as possible and the recording of examination of witnesses shall be continued on day-to-day basis unless the court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded".

The government later incorporated some more guidelines relating to adjournments which specified that "no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party and even in cases where the pleader of a party is engaged in another court, shall not be a ground for adjournment".

The other important guideline said if a "witness is present in court but a party or his pleader is not present or the party or his pleader though present in court is not ready to examine or cross-examine the witness, the court may, if it thinks fit, record the statement of the witness and pass such orders as it thinks fit". Sources said some of these guidelines may be notified soon so that it becomes compulsory for the subordinate judiciary to enforce them.

Already, the law ministry has drawn up a list of other important amendments carried out in CrPC in the recent past but which are not being enforced by the lower judiciary.

For instance, a new Section 436A has been inserted, which provides that "if an accused has spent half of the maximum period of imprisonment specified for that offence, not being an offence for which the death punishment has been specified as one of the punishment, he shall be released by the court on his personal bond with or without sureties".

Another amendment in Section 437 of CrPC provides that "if the accused had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but not less than seven years, such person shall not be granted bail".
 http://timesofindia.indiatimes.com/india/Govt-wants-judges-fined-for-frequent-adjournments/articleshow/20825760.cms 

Controversy in National Commission for women

Controversy in National Commission for women 

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

99% of cases filed over dowry and violence on women are false: Law Minister

99% of cases filed over dowry and violence on women are false: Law Minister

Same repeated story all over the world.....
Dhaka: 80 per cent of the country’s lawsuits are false, State Minister for Law Quamrul Islam said Saturday.
“Accused in 100 per cent of the lawsuits in foreign countries faces punishments whereas in Bangladesh, the number is only 20 per cent. Besides, 99 per cent of the cases filed in connection with incidents of dowry and violence against women are false,” said the minister.
This came as he was speaking at a view-exchange meeting organized by law ministry at Ruposhi Bangla hotel in Dhaka Saturday.
“We should have provisions for awarding punishment to people who register false lawsuits. That’s one way we can bring number of false cases down,” opined Islam.
He also voiced his support for stopping media trial.
“Justice can’t be established in the country if we can’t stop media trial. There should be guidelines on the extent of media coverage a lawsuit could receive,” said the minister.
Source Natun Barta
 

Thursday, 27 June 2013

Husband Swaping

Husband Swaping

Sansani: 'Bloody' game played by bride with lover's help

Sansani: 'Bloody' game played by bride with lover's help


Teenaged girl fights with with 6-year-old boy, guns him down

Teenaged girl fights with with 6-year-old boy, guns him down

INDORE: A teenaged girl allegedly shot dead a six-year-old boy after a petty quarrel at Chandan Nagar here on Wednesday.

The girl used a country made pistol of her father, Bahadur Khan, an accused in several criminal cases, to shoot the boy. She later fled along with her parents.

Police said the boy, Zeeshan, son of a property dealer, lived with his parents in the basement of Bahadur Khan's house.

Chandan Nagar police station in charge Hanumant Singh Rajput said, "The girl pulled the pistol's trigger, but it did not fire. She tried again and pulled the trigger shooting the six-year-old in his head.''

Zeeshan's family rushed the child to the Indore district hospital, from where he was referred to a private hospital. He died during treatment.

"The girl, along with her parents, is untraceable. Raids are being carried out to nab them," Rajput added.
 http://timesofindia.indiatimes.com/city/indore/Teenaged-girl-fights-with-with-6-year-old-boy-guns-him-down/articleshow/20788154.cms 

Exposed: Muslim Marriage Act, 1957, does not exist

Exposed: Muslim Marriage Act, 1957, does not exist

THIRUVANANTHAPURAM: Given that the law of the land - notably Child Marriage Prohibition Act, 2006, and Special Marriage Act, 1954 -- is clear and forthright on the subject of underage marriage, the government's June 14 circular, which tried to justify underage marriages under special circumstances, based its legality on the Muslim Marriage Act, 1957.
The truth is there is nothing called Muslim Marriage Act, 1957. It does not exist, it's a fiction created by irresponsible bureaucrats in Kerala's Local Self Government (LSG) department. Worse, the state government's law department and, indeed, the larger legal fraternity in the state, either failed to detect the deception or chose to ignore it.

"Indian Parliament has never enacted such an act called Muslim Marriage Act 1957,'' said legal scholar Dr Sheena Shukkoor, pro vice chancellor of MG University and former faculty of National Judicial Academy.
The controversial circular which directed registrars in local bodies to register marriages between Muslim girls aged below 18 (above 16) and boys below 21 set the minimum age for marriage as above 16 years invoking provisions of the fictitious Muslim Marriage Act, 1957. According to Advocate Seena Rajagopal, member of Child Welfare Committee, issuing such a circular based on a blatant lie was equivalent to encouraging marriage registrars to commit a crime.
Law secretary C P Ramaraja Prema Prasad confirmed that Muslim Marriage Act 1957doesn't exist. ''Such a law is available on the internet. It's not in practice in India. We had to incorporate the accepted principles being followed in certain Muslim nations since Muslim laws are not codified in India','' he said.
He also tried to pass the buck by saying that the circular was issued by LSG department. On his part, James Varghese, LSG principal secretary, who signed the June 14 circular, clarified that the circular was issued as per the directive of the law department. '' We issued the circular only after getting it clarified from the law department. We believe that the law department had properly analysed all legal aspects before the issuance of the circular,'' he said.
A Google search revealed that the Act quoted for the controversial circular is available on a French website called JaFBase, a database of international conventions and texts of substantive law largely applicable in French courts.
In the Muslim community, matters regarding special property of females, including personal property inherited or obtained under contract or gift or any other provision of personal law, marriage and dissolution of marriage come under the ambit of Muslim Personal Law (Shariat) Application Act, 1937. Two other acts, formulated later -- Dissolution of Muslim Marriage Act, 1939, and Muslim Women [protection of rights on divorce] Act, 1986 - complement the Shariat Act.

http://articles.timesofindia.indiatimes.com/2013-06-26/thiruvananthapuram/40206194_1_law-department-muslim-women-marriage-registrars 

पत्नी से कहासुनी से नाराज सेना अधिकारी ने की आत्महत्या

पत्नी से कहासुनी से नाराज सेना अधिकारी ने की आत्महत्या

लखनऊ।। उत्तर प्रदेश में बरेली सैन्य छावनी क्षेत्र में बीती रात सेना के एक अधिकारी ने अपने घर में फांसी लगाकर आत्महत्या कर ली। अपर पुलिस अधीक्षक त्रिवेणी सिंह ने गुरुवार को यहां बताया कि 28 वर्षीय सेनाधिकारी कैप्टन वरुण वत्स ने बीती रात छावनी क्षेत्र में स्थित अपने आवास के एक कमरे में फांसी लगाकर आत्महत्या कर ली।

उन्होंने कैप्टन वत्स के परिजनों के हवाले से बताया कि बीती रात उनकी पत्नी रूपाली से कहासुनी हुई थी और गुरुवार सुबह जब वे अपने कमरे से बाहर नहीं आए तो उनकी तलाश शुरू हुई और उनका शव उनके कमरे में पंखे से लटका मिला।


http://navbharattimes.indiatimes.com/other-cities/lucknow/army-officer-commited-suicide-after-quuarel-with-his-wife/articleshow/20799242.cms