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Wednesday, 17 July 2013

Married or not, domestic violence act binding, says Kerala HC

Married or not, domestic violence act binding, says Kerala HC


Kochi: In a significant ruling, the Kerala High Court has held that a woman is entitled to get protection under the provisions of the Protection of Women from Domestic Violence Act even if she was in a live-in relationship. 'What was intended under Sect 2(a) of the Act was a relationship of the same nature as marriage and nothing more', Justice K Harilal said in his order on Tuesday while dismissing a petition filed by a man hailing from Cherthala in Alapuzha district against a complaint from his live-in partner seeking protection from domestic violence and compensation.
According to Justice Harilal, "The couple must have lived together akin to spouses. That alone is sufficient. The legislature intent of the Act itself is to give protection to the women who were living with the husband in the nature of a marriage without a legal marriage."
The petitioner's contention was that the complainant was not a wife as per Sect 2(f) of the act and there was no domestic relationship them.

http://ibnlive.in.com/news/married-or-not-domestic-violence-act-binding-says-kerala-hc/407277-62-126.html

मैरिज एक्ट में संशोधनः महिलाओं को मिलेगा पैतृक संपत्ति में हिस्सा और भी...

मैरिज एक्ट में संशोधनः महिलाओं को मिलेगा पैतृक संपत्ति में हिस्सा   और भी... 

हिंदू मैरिज एक्ट में संशोधन को लेकर आखिरकार कैबिनेट ने फैसला ले लिया. मैरिज एक्ट में जो संशोधन किए गए हैं, उनके मुताबिक पैतृक संपत्ति में अब महिलाओं को भी हक मिलेगा.
महिलाओं को पिता और पति की संपत्ति में भी हिस्सेदारी मिलेगी हालांकि कितना हिस्सा मिलेगा इसका फैसला कोर्ट करेगी. इस संशोधन के बाद तलाक लेना अब पहले से ज्यादा आसान हो जाएगा.
क्या है हिन्‍दू मैरिज एक्‍ट?
शादियों को कानूनी शर्त में बांधन के लिए हिंदू मैरेज एक्ट बना था. ये बात आजादी के 8 साल बाद 1955 की है. तब से लेकर इस एक्ट में तमाम संशोधन हुए. हमारी परंपरा में कहावत तो ये है कि शादियां स्वर्ग मे तय होती हैं. इसे निबाहने के लिए 7 फेरों के 7 वचन ही काफी हैं. लेकिन बदलते जमाने की ये सहजता कई पेचिदगियों से भर चुकी है. इन्हीं पेचिदगियों से बचने के लिए लिए संविधान में हिंदू मैरिज एक्ट का प्रवाधान किया गया था.
शादियों को टूटने से बचाने और इसे कानूनी शर्तों में बांधने के लिए 1955 में हिंदू मैरिज एक्ट बनाया गया. मगर टूटते बिखरते रिश्तों का आलम ये है, कि कोर्ट को भी एक्ट को लचीला बनाना पड़ा.
अगर किसी भी शादी को बचाने की कोई गुंजाइश नहीं बची हो, रिश्ता तोड़ने पर पति-पत्नी दोनों सहमत हों, तो 6 महीने की ‘कूलिंग पीरियड’ से पहले भी तलाक दिया जा सकता है. देश की ऊंची अदालत ने ये फैसला तो एक निजी मामले में दिया था. लेकिन ये फैसला इशारा करता है, रिश्तों की घुटन से मुक्ति पाने की छटपटाहट वक्त के साथ कितनी बढ़ती गई है. इसी के साथ हिंदू मैरिज एक्ट में संशोधनों भी किए जाते रहे हैं.
मसलन, मूल कानून में लड़कों के लिए शादी की उम्र 18 साल और लड़कियों की 15 साल थी, जिसे आगे चलकर 21 साल और 18 साल किया गया. पहले हिंदू रीति रिवाजों से हुई शादी को मान्य माना जाता था, आगे चलकर इसमें कानूनी पंजीकरण का प्रावधान किया गया. तलाक की शर्तों में भी बदलाव किया जाता रहा. तलाक के बाद बीवियों को मुआवजे का ख्याल रखा गया.


http://aajtak.intoday.in/story/cabinet-decision-on-marriage-act--1-736357.html

Tuesday, 16 July 2013

Yukta Mookhey’s hubby gets interim court relief

Yukta Mookhey’s hubby gets interim court relief

MUMBAI: A sessions court on Monday granted interim relief till July 19 to former beauty queen Yukta Mookhey's estranged husband after she filed a case of cruelty against him and her in-laws.

Prince Tuli, represented by advocates Avinash Gupta and Filji Frederick, had filed the anticipatory bail application after Mookhey filed a case at Amboli police station under sections 498 A (cruelty), 406 (criminal breach of trust) and 377 ( unnatural sex) on July 3.

Additional sessions judge D A Dholakia said in the event of his arrest, Prince should be released on the execution of a bond of Rs 25,000. He was also told not to tamper with the prosecution evidence, not to leave India without the court's permission and to be present before the investigating officer every day between 11am and 1pm. The prosecution was told to file its reply. 
 http://timesofindia.indiatimes.com/city/mumbai/Yukta-Mookheys-hubby-gets-interim-court-relief/articleshow/21094168.cms 

Magistrates should apply mind before passing orders, says HC

Magistrates should apply mind before passing orders, says HC

No Hidden charges. Just easy booking. Easy and secure Nagpur, July 14: The Bombay High Court has cautioned magistrates against passing orders in criminal cases without a proper reason to it, before asking the police to investigate cognizable offences. A Nagpur bench of the High Court also deplored the tendency among people to misuse provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, to settle personal scores. Coming down heavily upon persons putting criminal justice into motion for frivolous reasons, a bench consisting of Justice Bhushan Gavai and Justice P N Deshmukh rapped a top police officer, Shashikant Shinde, who had charged his superiors with denying him promotion due to ill-will and bias. "This is nothing else but a glaring example of harassment and humiliation to the officers of the State Government, at the instance of another government employee, so as to settle scores with them on account of his grievances of denial of promotion," the Judges observed. Shinde, an IPS officer, currently posted as Deputy Inspector General of Prison, Eastern Region (Nagpur), had filed a case against his superiors in police department and Mantralaya alleging that he was denied promotion due to bias and caste considerations. Before parting with the matter the Judges observed, "We find that various complaints are filed immediately after the Gram Panchayat Elections, alleging offences under the Atrocities Act. We have no hesitation in saying that in many of the instances, it was found that the complaints were filed only to settle score with their opponents, after defeat in the Gram Panchayat elections. The court expressed displeasure over a number of orders passed by Magistrates under section 156(3) of Cr.Pc, directing Investigating Officer to register offence without recording any reasons and without verifying as to whether the complaint discloses the ingredients to constitute an offence or not." The judges noted with deep concern gross abuse of process of law by vested interests, saying "We have come across various cases where private civil disputes arising out of property, monetary matters, disputes between the members and office bearers of cooperative societies and disputes between trustees of Charitable Trusts are made penal in nature and filed either under Section 190 Cr.Pc read with section 200 or under Section 156(3) of CrPC." Under section 190 of Cr.Pc, a Magistrate can take cognisance of an offence and under section 156(3) Cr.Pc, a Magistrate can order police to probe a cognisable offence. "Needless to say that least that is expected of the learned magistrate before passing order under Section 156(3) of CrPC is to satisfy himself, that taking the allegations to be true in entirety, as to whether the ingredients to constitute the offence alleged have been made out or not," said the Judges. It was also expected of a learned Magistrate, while passing an order to direct investigation, to give some reasons as to why he finds substance in the complaint and as to how the complaint discloses ingredients to constitute the offence alleged," the High Court bench noted. The Magistrates should also take into consideration that passing such orders mechanically in complaints which do not have any criminal element, causes great hardships, humiliation, inconvenience and harassment to the citizens, the Judges noted. "For no reasons, the reputation of the citizens is put to stake as immediately after said orders are passed, innocent citizens are termed as accused", the High Court noted while taking judicial notice of this disturbing trend. In the instant case, the High Court unequivocally held the complaint made by Shinde against Maharashtra Director General of Police and senior Home department officials and subsequent order passed by magistrate under Section 156(3) of CrPC, as "nothing else but an abuse of process of the court." "We have no hesitation to hold that continuance of the proceedings would amount to humiliation, harassment and persecution of the officers of the state against whom allegations have been made in the complaint and would perpetuate injustice," the High Court stated while quashing order passed by magistrate and subsequent FIR lodged at Dhantoli Police Station.
http://news.oneindia.in/2013/07/14/magistrates-should-apply-mind-before-passing-orders-hc-1259241.html

Monday, 15 July 2013

Woman who filed '11 rape cases' held on charge of extorting an accused

Woman who filed '11 rape cases' held on charge of extorting an accused

A 40-year-old woman, who is reportedly a complainant in 11 cases of rape, stalking and other sexual offences, was arrested on charges of extortion by the East district police on Friday.
Incidentally, the man who filed the extortion complaint had been earlier charged with raping the woman.
Investigations began when the police received a complaint from one Sushil Kumar, who lives in Pandav Nagar area of East Delhi. On March 28, Sushil Kumar registered a case of extortion against the woman, claiming that she had falsely implicated him in a case of rape that was registered against him on February 19.
In his complaint, Sushil said he had befriended the woman three months ago. He told police that the woman told him that a case of rape against her husband was pending before the Karkardooma court and asked him to lend Rs 10,000 on the pretext of paying the court fee.
Sushil gave her the money, and she promised to return it soon, he said in the complaint.
A month later, Sushil asked her to return the money. When Sushil went to her house, the woman, he claimed in his official statement to the police, threatened to implicate him in a false rape case, assaulted him, snatched his mobile phone and Rs 5,000.
She then dragged him to the police station, where she registered a case under Section 376 of the IPC, following which Sushil was sent to jail.
However, after he was released on bail in March, Sushil filed an application in court requesting that his statement be recorded.
He registered a case of extortion against the woman, which was later ascertained to be true, police said.
Additional DCP (East) D K Gupta said: "The previous case under Sections of rape that the woman registered against Sushil was found to be false. On the directions of the court, a case of extortion based on Sushil's complaint was registered and the woman, arrested. She has been sent to 14 days judicial custody."

www.indianexpress.com/news/woman-who-filed-11-rape-cases-held-on-charge-of-extorting-an-accused/1141887/ 

Man commits suicide over wife's infidelity

Man commits suicide over wife's infidelity


SURAT: Munna Patel, operator in a textile embroidery unit in Katargam area killed self by consuming poisonous material. Patel consumed pesticide at his residence after a tussle with his wife.
Patel consumed pesticide on Wednesday and was rushed to hospital. He died during treatment at the hospital on Saturday. Patel's family claimed that he consumed pesticide as he was upset with birth of child to his wife.
Patel became father recently but he had doubt about his wife's relationship with other man. He started questioning his wife about her relationship with other man since she returned home after birth of a child. He questioned her that 'who is father of the child?' Patel told his wife that she was staying at village since long and not with him. Since they were not living together for a long period, Patel claimed that he is not father of the child.
Over the issue they fought with each other several times. Upset due to his belief Patel threatened to kill self and on not getting any satisfactory reply he ended life. Family members attempted to end the dispute between the couple but it did not help. Police are now questioning the family members to get more information in the case.

http://timesofindia.indiatimes.com/articleshow/21079872.cms?intenttarget=no

IT employee jumps to death from office building

IT employee jumps to death from office building

CHENNAI: In the fourth incident in a month, an engineering graduate employed with an IT firm committed suicide by jumping from the terrace of a building at Kanthanchavadi on Rajiv Gandhi Salai (Old Mahabalipuram Road) on Sunday.

A Naveen Kumar, 28, of Vellore district jumped to death at 12.02pm from the terrace of Prince Info City building on OMR, allegedly after a tiff with his girlfriend.

Police said Naveen had gone to the 11th floor of the building with a co-worker. He told his co-worker he needed to make a call and went up to the terrace. He left his mobile on the terrace and then jumped to death. A security guard, who heard a loud thud, rushed to the parking area and found Naveen lying in a pool of blood.

After checking call details, police found that he had called his girlfriend at least four times on Sunday. "He was not in good terms with his girlfriend for the past one week as they had a tiff over their wedding," said an investigating officer.

Though the gate to the terrace was shut and the security guard at the main gate keeps the key, some employees had managed to break the lock to smoke on the terrace," said a security guard.

A colleague of Naveen said the latter had been depressed since morning. Though his shift was over at 11.30am, he did not leave the office. Naveen was employed on a sub-contract basis with Maersk for the past four months. He stayed at Kannagi Nagar. 
 http://timesofindia.indiatimes.com/city/chennai/IT-employee-jumps-to-death-from-office-building/articleshow/21075515.cms 

Sunday, 14 July 2013

Ex-army man seeks amendments to dowry act

Ex-army man seeks amendments to dowry act


JAMSHEDPUR: Retired army man Ramnath Das, who had in January submitted a petition to President Pranab Mukherjee, seeking approval for mercy-killing after he and his family members were allegedly implicated in a false anti-dowry case, has filed a fresh petition to the President but this time for a public cause.

Das (57), who was employed with the mechanical wing of the Electronic Mechanical Engineering Corp of Army, submitted a petition to the Rashtrapati Bhavan through East Singhbhum deputy commissioner's office on Saturday, seeking amendments to Section 498A of the IPC (anti dowry act).

"In this petition I have sought effective cooperation from the President in amending the 498A," said Das.

He said hundreds of innocent families in the country have fallen prey to the (IPC 498A) Act that unjustifiably favours women.

"The Act favours women unreasonably resulting in its gross misuse. It's high time the Act should be amended in the larger interest of those languishing in prison or facing potential threat from 498A," said Das.

A resident of Gadra under Pursudih police station area, Das claims he and his family of seven are victims of the loopholes that exist in the anti dowry Act.

"Inept handling of the anti dowry cases by the law enforcing agencies and time-consuming justice delivery mechanism has further aggravated the sensitive issue," said Das, who retired from Army in October 1989 following his last posting in Pune.

Apparently, annoyed over slow pace of the justice delivery system, Das had appealed to the President on January 29 this year to ensure early justice to him in the case or permit him to end life, willingly.

"Since my petition for mercy-killing is lying with the Rashtrapati Bhavan I am not going to re-approach for the same. In fact, now I want to dedicate my life fighting for the innocent lives jailed under IPC 498a," said Das.

Das's son Praveen, who is employed with Navy Mumbai based JSW Ispat Ltd, was married to Vibha of Kasidih on November 23, 2010 but following marital discord the matter reached police and eventually to the court.

Das, his wife Sunita and son Praveen, are out on bail at present. They were arrested under various sections of Anti dowry Act about sixteen months ago.
 

Friday, 12 July 2013

Affair gone bad no ground for rape charge: Bombay HC

Affair gone bad no ground for rape charge: Bombay HC

MUMBAI: A love affair gone bad is no reason to charge a man who got a woman pregnant with rape, the Bombay high court has ruled. Justice Sadhna Jadhav acquitted Borivali resident Manesh Kotiyan (39) of rape charges three years after his arrest and subsequent conviction.

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

The court went through the prosecution case and noted that the accused had proposed to the girl. "The complainant is an educated adult person," said the judge. "She was fully aware of the fact that he (Kotiyan) was attracted to her. She chose to accompany him to Gorai. She also checked into a hotel to celebrate his birthday. She was aware of the consequences," said the judge.

"She had not cried for help and had not taken her resistance to a logical end. Hence, it would not be justifiable to hold that the consent was obtained by intimidation, force meditated imposition, circumvention surprise or undue influence," said the judge.

The court, however, upheld Kotiyan's conviction on charges of cheating as he had failed to disclose to the victim that he was married and had children. Since he has served around three years in prison, the court ordered his release.

"There is no evidence that the accused coerced her and raped her," said advocate Arfan Sait, who was appointed by the high court legal aid cell to defend Kotiyan. "He had always intended to marry her and had told her he would do so once the divorce proceedings ended."

The case dates back to March 2010, when the girl who was four months pregnant lodged a case of rape against Kotiyan. The two had met when they were working at a stationery shop in Borivli. In November 2009, they had gone to Gorai to celebrate Kotiyan's birthday, where according to the prosecution he forced her into having sexual intercourse. A sessions court in 2012 held Kotiyan guilty of rape and sentenced him to seven years rigorous imprisonment. Kotiyan filed an appeal in the HC. "It is clear from her deposition that she had lodged the FIR in a fit of rage," the HC said. 
 http://timesofindia.indiatimes.com/india/Affair-gone-bad-no-ground-for-rape-charge-Bombay-HC/articleshow/21026732.cms 

Thursday, 11 July 2013

Woman told to pay Rs 5 lakh to in-laws

Woman told to pay Rs 5 lakh to in-laws 



Yamunanagar, April 25
In a significant judgment, a local court has imposed a fine of Rs 5 lakh on a woman, who had made a frivolous complaint against her in-laws for dowry.

The Judicial Magistrate said many instances had come to light where the complainants were not bonafide and had been filed with an oblique motive. The magistrate termed the case as a classic example for such an instance.
Kanwalpreet Kaur of Model Town here had filed a complaint against brothers-in-law Davinder Pal Singh, Amarjeet Singh, Satwinder Singh and Gurbinder Singh, mother-in-law Gurbachan Kaur, sisters-in-law Balwinder Kaur and Jaswinder Kaur and niece Ritu under Sections 498-A in 1997. The court had quashed the names of Balwinder, Jaswinder and Ritu from the case in 2002.
Kanwalpreet was married to Navjeet Singh in 1992. In her complaint, she had alleged that her in-laws were harassing her for more dowry. She had claimed that her brothers had given Rs 1.5 lakh to her in-laws in three installments. She had further alleged that she was thrown out of the house.
In the order it had been said the remaining five accused were made to suffer on account of baseless and malicious allegation. To prevent such abuse of beneficial provision of Section 498-A of the IPC by women in future, the magistrate dismissed the complaint and acquitted the accused of the charges.
The court directed Kanwalpreet to pay Rs 1 lakh to each of the five persons.
 

http://www.tribuneindia.com/2007/20070426/haryana.htm#5 

Wednesday, 10 July 2013

चार दिन प्रेमी संग बिता लौटी विवाहिता

चार दिन प्रेमी संग बिता लौटी विवाहिता

शक्ति नगर से चार दिन से गायब विवाहिता सोमवार को वापस घर लौट आई। उसकी मा ने थाने में शिकायत दे रखी थी कि वह अपने मोहल्ले के दीपक नामक युवक के साथ गई थी। इसके चलते युवक दीपक व उसकी कथित प्रेमिका खुद ही थाने पहुच गए। यहा उन्होंने बताया कि वे दोनों बालिग है और अपनी मर्जी से गए थे। इसके बाद पुलिस ने उन्हें कोर्ट में पेश गया। कोर्ट ने दोनों के बयान दर्ज कर लिए। इसके बाद पुलिस ने उन्हे छोड़ दिया। उन्हे एसडीएम बलजीत सिंह के समक्ष पेश किया गया था। एसडीएम ने कहा कि विवाहिता का मेडिकल कराया जाना चाहिए। इसके बाद पुलिस महिला को लेकर अस्पताल पहुची। यहा महिला ने चिकित्सा अधिकारी डॉ. हनुमान के समक्ष कहा कि वह अपनी मर्जी से गई थी। इसलिए किसी तरह का कोई मेडिकल नहीं कराना चाहती। उसका किसी पर कोई आरोप भी नहीं है। इसके बाद उन्हे दोबारा अदालत में पेश किया। पुलिस के मुताबिक महिला की करीब चार माह पहले शादी हुई थी। शादी के बाद से वह अपने पति के साथ ही रह रही थी। चार दिन पहले वह मायके आई थी। यहीं से वह दीपक नामक युवक के साथ घर से गायब हो गई। पीछे से उसकी मा ने थाने में शिकायत दर्ज करा दी। पुलिस उनकी तलाश कर रही थी कि सोमवार को दोनों खुद ही थाने पहुंच गए। महिला ने बताया कि वह दीपक के साथ ही रहना चाहती थी। लेकिन मा ने जबरन शादी कर दी। पिता का काफी समय पहले देहात हो चुका है। जाच अधिकारी सब इस्पेक्टर सीता राम ने बताया कि महिला का किसी पर कोई आरोप नहीं है। उसने अपनी मर्जी से जाने की बात स्वीकारी है। इसलिए उसके बयान दर्ज कर छोड़ दिया गया है। फिलहाल दोनों को उनके परिजनों के सुपुर्द किया गया है।

http://www.jagran.com/haryana/fatehabad-10486086.html 

प्रेमी संग नहर में कूदी विवाहिता का शव मिला

प्रेमी संग नहर में कूदी विवाहिता का शव मिला

गोरखपुर के पास युवक संग नहर में कूदने वाली मीरपुर निवासी विवाहिता मंजू का शव बरामद हो गया है। बुधवार को उसका शव काजलहैड के पास मिला। पुलिस ने पोस्टमार्टम के बाद शव परिजनों को सौंप दिया। इस मामले में फिलहाल अग्रोहा थाना पुलिस कार्रवाई कर रही है।
मंजू का कथित प्रेमी गांव ढाणी माजरा निवासी संदीप अभी तक लापता है।
मृतका मंजू गाव नाढ़ोड़ी निवासी पृथ्वी सिंह नामक व्यक्ति से ब्याही हुई थी। मंजू काफी दिनों से अपने मायके मीरपुर गई हुई थी। बताते है रविवार 16 जून को गाव ढाणी माजरा निवासी संदीप ने मोबाईल कर मंजू को गाव गोरखपुर के पास बुला लिया। यहां दोनों एक साथ सिद्धमुख भाखड़ा नहर में कूद गए। जिस स्थान पर संदीप व मंजू नहर में कूदे थे उसके पास ही कुछ लोग भेड़ें चरा रहे थे व कुछ किसान भी वहा खड़े थे। इन लोगों ने देखा कि एक युवक-युवती प्लसर बाईक पर नहर के पुल के पास आए। उस वक्त दोनों उल्टिया कर रहे थे। देखते ही देखते युवती ने अपनी चुन्नी व चप्पल उतारकर नहर के किनारे रख दी व उसके बाद युवक-युवती ने नहर में छलाग लगा दी। नहर में कूदा संदीप तैरना जानता था, वह तैरकर बाहर आ गया और बाईक पर सवार होकर मौके से भाग निकला। इस मामले में मृतका के पति ने पुलिस को शिकायत देकर संदीप पर हत्या का आरोप भी लगाया था। अब मामले की जांच अग्रोहा पुलिस कर रही है।

http://www.jagran.com/haryana/fatehabad-10492101.html 

Angry wife kills man over affair

Angry wife kills man over affair

NEW DELHI: Police at a PS in northeast Delhi were taken aback when a woman walked into the police station with the bloodstained clothes of her husband and confessed to them that she had murdered him. When the cops accompanied her to the scene of crime, they found his body.


The incident was reported from Gokulpuri. Uttam Devi (33) allegedly banged her husband's head at least a dozen times on the wall before strangling him, police said. She has been arrested and Singh's body sent for post-mortem. However, investigations have revealed that her brother and a few others could also be involved in the murder.

Dhanpal Singh (43) worked in a private firm in Noida. The couple often quarreled over Singh's illicit relationship with a younger woman, police said. On July 4, the couple had a nasty fight. On Monday, the couple fought again after which Singh allegedly beat up Uttam and threatened her with dire consequences. Uttam apparently decided to seek revenge and allegedly roped in her brother and others.

On Tuesday morning, Singh was allegedly cornered by his wife, her brother and a few others who shut him in a room on the first floor. Then, Uttam was seen dragging Singh to the ground floor where she banged his head several times till he began to bleed profusely. Finally, Uttam throttled Singh to death. 
 http://timesofindia.indiatimes.com/city/delhi/Angry-wife-kills-man-over-affair/articleshow/20996590.cms 

Rajkumari suicide because of Daughter in law & her Parents Torture

Tuesday, 9 July 2013

Splitsville for Sabeer Bhatia and wife

Splitsville for Sabeer Bhatia and wife

They had taken over an entire island for their lavish wedding five years ago and it seemed a happily ever after story.

It came as a shock that Hotmail founder Sabeer Bhatia has filed for divorce from his former sweetheart and Baidyanath heiress Tanya Sharma in a San Francisco court. For Bhatia, it's second time unlucky — his earlier engagement to lawyer Geeta Rao had been suddenly called off and the reason never explained.

Tanya's mother Rashmi is now camping with her ever since the legal proceedings started. Sabeer and Tanya's daughter Arianna is too young to understand what's happening, but thankfully the couple have decided to separate without the bitterness spilling out in public — Sabeer has decided not to contest for his daughter's custody. A tragedy all the same.
 http://timesofindia.indiatimes.com/life-style/people/Splitsville-for-Sabeer-Bhatia-and-wife/articleshow/20678657.cms?intenttarget=no 

गुस्‍से से भरी पत्‍नी उखाड़ ले गई घर की छत और खिड़कियां और भी...

गुस्‍से से भरी पत्‍नी उखाड़ ले गई घर की छत और खिड़कियां   और भी...

अंग्रेजी में एक कहावत है 'प्‍यार में ठुकराई औरत बहुत खतरनाक हो सकती है'. तुर्की में रहने वाली फातिमा नाम की एक महिला ने इस पुरानी कहावत को सही साबित करके दिखाया.
डेली मेल के मुताबिक 34 साल की फातिमा ने अपने पति से बदला लेने की ठानी और वह घर का सारा सामान अपने साथ लेकर चली गई. यहां तक की उसने घर की छत और खिड़कियों को भी नहीं छोड़ा और वह उन्‍हें भी साथ ले गई.
फातिमा का 40 वर्षीय पति काम पर गया था और उसके लौटने से पहले ही उसने बर्तन-भांडे, किचन सिंक, चटाइयां और पर्दे समेट लिए. यही नहीं उसने इमारत की छत और खिड़कियां भी उखाड़ लीं. फातिमा की मदद के लिए उसके भाई आए थे.
पड़ोसियों ने फातिमा के पति को फोन कर बताया कि उसकी पत्‍नी उसके घर में तोड़फोड़ कर रही है. यह सुनकर वह दौड़ा-दौड़ा घर वापस आया लेकिन कुछ नहीं कर पाया. उसकी पत्‍नी का कहना था कि नई छत और खिड़कियों के पैसे उसने चुकाए हैं इसलिए उसे कोई नहीं रोक सकता.
अब फातिमा के पति को जब तक दूसरा घर नहीं मिल जाता तब तक उसे अपने दो छोटे बच्‍चों को मजबूरन अस्‍थाई केयर यूनिट में रखना पड़ेगा.

http://aajtak.intoday.in/story/scorned-turkish-housewife-takes-everything-from-marital-home-including-roof-and-windows-1-735538.html

PIL questions immediate arrests in dowry harassment cases

PIL questions immediate arrests in dowry harassment cases

JAIPUR: A division bench of the high court has asked state government to give its reply to a PIL filed by one Vinod Singhal who questioned immediate arrests in cases pertaining to Section 498A (dowry harassment) and Section 406 of IPC (criminal breach of trust) filed by aggrieved wives against husband and his relatives.

The petition alleges that 70% matrimonial disputes are being converted into criminal cases by misuse of the provisions of Sections 498A and 406 of IPC. It has been alleged that once such a false criminal case is filed against the husband and his relatives the police immediately arrest the accused resulting in vanishing of chances of reconciliation between the warring husband and wife.

The PIL raises a point that since the offences are non-bailable, some guidelines must be issued so as to see that no husband or his relatives are arrested on false complaints. The petitioner demands that instead of registering the FIR immediately, the police must first call the parties for conciliation and in case the dispute remains unresolved, then only action should be initiated against the guilty husband and his relatives.

It has also been highlighted in the petition that in the recent past the Supreme Court too had observed that the law made for protection of women is being misused and has asked the Law Commission of India to report as to whether the law can be made bailable. The division bench of Chief Justice Amitava Roy and Justice V S Siradhana directed that a copy of the PIL be supplied to the government advocate.
 http://timesofindia.indiatimes.com/city/jaipur/PIL-questions-immediate-arrests-in-dowry-harassment-cases/articleshow/20980608.cms 

Former Andhra minister arrested in dowry harassment case

Former Andhra minister arrested in dowry harassment case

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

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

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

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

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

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

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

जज साहब, मुझे बीवी से बचाओ

जज साहब, मुझे बीवी से बचाओ

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

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

पत्नी से छुटकारा पाने को अपनाया इस्लाम

पत्नी से छुटकारा पाने को अपनाया इस्लाम

हिसार [सुनील मान]। हरियाणा पुलिस में कार्यरत पत्नी से छुटकारा पाने के लिए एक व्यक्ति ने इस्लाम धर्म अपना लिया। गांव गढ़ी अजीमा के सुरेंद्र से सिकंदर अली बने इस व्यक्ति का कहना है कि वह पत्नी की दबंगई से परेशान है और उसके साथ नहीं रहना चाहता।
सुरेंद्र की शादी हिंदू रीति-रिवाज से 12 दिसंबर 2008 को ओढ़ा निवासी युवती के साथ हुई थी। उसकी पत्नी हरियाणा पुलिस में कांस्टेबल के पद पर कार्यरत है, जबकि सुरेंद्र गोहाना के इलाहाबाद बैंक में कार्यरत है। शादी के कुछ समय के बाद ही दोनों में अनबन रहने लगी तो दोनों में तकरार न हो इसके लिए काफी बार पंचायत भी हुई। सुरेंद्र का आरोप है कि उसकी पत्नी उसे पुलिस में होने की दादागिरी चलाती है। सुरेंद्र ने बताया कि वह उसकी पुलिसगिरी से तंग आ चुका है। पत्नी से छुटकारा पाने के लिए हिंदू धर्म को छोड़कर उसने इस्लाम को अपनाने का रास्ता चुना। सुरेंद्र ने गत पांच जुलाई को दिल्ली की जामा मस्जिद में मुस्लिम रीति-रिवाजों से यह धर्म अपना लिया है। उसने कहा कि वह अपना जीवन अच्छे तरीके से जीना चाहता है और जल्द ही दूसरी शादी भी कर लेगा।

http://www.jagran.com/news/national-man-change-his-religion-due-to-wife-attitude-10545194.html?src=gg_home 

Monday, 8 July 2013

प्रेमी के साथ मिलकर पत्नी ने की पति को मारने की कोशिश

प्रेमी के साथ मिलकर पत्नी ने की पति को मारने की कोशिश

भिवंडी।। आगरा रोड स्थित यूनुस नगर में रहने वाली एक महिला ने प्रेमी के साथ मिलकर पति की हत्या का प्रयास किया। भिवंडी शहर पुलिस ने महिला और उसके प्रेमी को गिरफ्तार कर लिया है। पुलिस के अनुसार, रुआब अली खान (33) पत्नी नसीम बानो (30) के साथ रहता था। रुआब अली बीमार रहता था। उधर, नसीम का पिछले डेढ़ साल से मोहम्मद रफीक सैय्यद (27) से प्रेम संबंध चल रहा था। पर, दोनों के प्रेम के बीच रुआब आड़े आ रहा था। उसे रास्ते से हटाने के लिए दोनों ने उसकी हत्या की योजना बनाई।

नसीम और रफीक ने रुआब के गले में रस्सी डालकर गला दबाने की कोशिश की। रुआब बेहोश हो गया, पर आरोपियों ने उसे मरा हुआ समझकर छोड़ दिया। जब उसे होश आया, तो उसने पुलिस में शिकायत दर्ज कराई।


http://navbharattimes.indiatimes.com/mumbai-crime/wife-with-lover-to-kill-husband/articleshow/20961555.cms 

IT engineer held for harassing wife, demanding dowry of Rs 15 lakh

IT engineer held for harassing wife, demanding dowry of Rs 15 lakh


CHENNAI: A 34-year-old software engineer from Bangalore was arrested on Sunday for subjecting his wife, who is a professor with an engineering college, to severe cruelty, and for demanding a dowry of 15 lakh.

Police said Henry William Bosco demanded dowry and physically abused her for two years. Rita Carolin, 30, who works in an engineering college in Poonamallee, married Bosco in 2011. He obtained a dowry of 10 lakh but kept demanding more.

Rita told the police that he had ill-treated her and physically and mentally harassed her since they got married. "She could not withstand his torture. Her pregnancy was terminated because of the physical abuse," said inspector Manjula of Villivakkam all-women police station.

After the wedding, he demanded a television and beat her up. Her mother, a nurse, treated her because they were afraid of repercussions if she reported the incident, the officer said.

The couple lived in Velachery and later moved to Kolathur. When she had gone to her mother's house to recover from the abuse, he vacated the house without informing her, and then stopped contacting her. The landlord told her that her husband had moved away.

She collected the advance amount of 50,000 from the house owner. Bosco demanded that money and lodged a complaint with Peravallur police in 2012. His family tried to mediate but it did not work. Rita then lodged a complaint with the commissioner's office.

"He was called for several counselling sessions, but he failed to turn up. He told her that he'd divorce her if she failed to withdraw the complaint," the officer added.

Based on her recent complaint with the Villivakkam all women police station, a notice was sent to him to appear before the police, which he ignored.

Police booked him under section 498 A (dowry) and 506 (ii) (criminal intimidation) of IPC and arrested him in Bangalore. He was brought to Chennai and remanded in judicial custody.

Rita told the police that Henry William Bosco (in pic) had ill-treated her and physically and mentally harassed her since they got married. Her pregnancy was also terminated because of the physical abuse

 
http://m.timesofindia.com/city/chennai/IT-engineer-held-for-harassing-wife-demanding-dowry-of-Rs-15-lakh/articleshow/20964164.cms 

Woman tramples live-in partner to death

Woman tramples live-in partner to death

CHENNAI: Police on Saturday claimed to have solved the July 2 murder of a real estate agent in Thirukazhukundram, 45km from Chennai, with the arrest of his live-in partner.

Serena, 32, trampled Suresh Kumar, 31, to death when he was asleep because he had objected to her friendship with a woman named Gowri, police said. Kumar was heavily drunk at the time. She then hung his body from the ceiling.

The next morning she alerted neighbours saying she had woken up to find Kumar hanging. Soon, police arrived on the scene and began investigations. Not convinced with Serena's answers, police registered a case of murder but initially suspected the hand of an outsider. "However, Serena remained on the list of suspects list as she was present in the house at the time," a police officer said.
It was thought that he had been strangled, but the injury on one side of the neck ruled out this possibility. The usual marks associated with it were absent, police said. But the symptoms present made it clear he was murdered.
Unable to make up their minds about the cause of death, police again turned their attention to Serena after rejecting the chances of an outsider having committing the crime. She was taken to the police station and questioned separately by a team of women personnel. She finally confessed to the killing.
Inquiries revealed that Suresh Kumar, a resident of Vallam near Chengalpet, had been living with Serena for the past couple of years. Serena, whose husband lived and worked abroad, resided at a house in Thirukazhukundram with her son and daughter. Trouble began between the couple when Suresh Kumar objected to Serena's friendship with Gowri and they often fought over the issue.
At night on July 1, a fresh altercation broke out over the subject before the couple went to sleep. Later, Serena woke up and trod on Kumar's neck with her foot, according to her confession statement. She later hung the body from the ceiling and went to sleep.
Serena has been remanded in judicial custody.

http://articles.timesofindia.indiatimes.com/2013-07-07/chennai/40420329_1_serena-suresh-kumar-live-in-partner

Woman throws acid on husband

Woman throws acid on husband


KOLKATA: A heated argument between a young couple spun out of control on Wednesday night, as the woman allegedly threw acid on her husband's face.
The incident took place in Sodepur on the northern fringes of the city. Incidentally, both husband and wife are classmates at Guru Nanak Dental College in Agarpara.

Subhobrata Sanyal, the husband, lodged an FIR with Khardah police station. But since both are final-year medical students, police have decided to wait till their final examinations before making any arrests, if necessary. The woman has been asked to proceed to her parents' house in Bankura.
Sriparna Ghosh Sanyal (26) fell in love with Subhobrata at the medical college. The relationship blossomed and the couple tied the knot in 2005.
But soon, differences emerged and they started bickering. Quarrels are routine, said neighbours. "Initially, we thought these were regular conjugal tiffs. But they fought too frequently. Amazingly, minutes after a fight, they would patch up. But on Wednesday, things got out of hand," said a neighbour.
Sriparna, in a fit of rage, allegedly threw carbolic acid - generally used to ward off snakes - on her husband's face. "But within seconds, she had realized what she had done and quickly wiped the acid off his face. Thankfully, the injury was not serious," said a policeman.
Subhobrata first got himself treated at Panihati State General Hospital. Then, boiling with anger, he walked into Khardah police station and lodged a complaint against his wife. Luckily, police saw the delicacy of the situation and decided to play counsellors.
"We will probe the matter but our intention is not to break the marriage. The incident happened in a moment of anger. Both husband and wife understood that. Sriparna is repentant. So, we have desisted from arresting her. They have their careers ahead of them and if they live separately, they can pay attention to their studies," an investigator said.

http://articles.timesofindia.indiatimes.com/2008-08-22/kolkata/27898877_1_acid-young-couple-husband-and-wife 

Rape accused IRB constable commits suicide

Rape accused IRB constable commits suicide

An IRB constable, who was accused of raping a woman on Friday, committed suicide late on the same day even as the GRP found no suicide note on him.
A woman from Jharsa area here had accused constable Balkrishna of raping her at his government quarter at IRB Bhondsi on Friday.
Late on Friday evening, the GRP was informed that a body was found on platform number 1 on the Delhi-Gurgaon route. The identity card found on the body identified the person as 38-year-old Balkrishna.
Satish Kumar, incharge of the GRP police station, said the constable had committed suicide by throwing himself in front of a moving train at 5.40pm on Friday. IRB Bhondsi has been informed of the incident.

http://www.hindustantimes.com/India-news/Gurgaon/Rape-accused-IRB-constable-commits-suicide/Article1-1088463.aspx 

नौकरी जाने का कारण बनने वाली पत्नी से तलाक उचित

नौकरी जाने का कारण बनने वाली पत्नी से तलाक उचित

नई दिल्ली। अगर किसी महिला के कारण उसके पति की नौकरी चली जाती है तो यह तलाक का एक ठोस आधार है। इस टिप्पणी के साथ तीसहजारी कोर्ट की अतिरिक्त जिला न्यायाधीश सीमा मैनी ने पूर्व सिविल जज को उनकी पत्‍‌नी, जो खुद भी जज हैं, से तलाक को मंजूरी प्रदान की।
हरियाणा के एक पूर्व सिविल जज ने अपने अधिवक्ता अमित साहनी के माध्यम से दिल्ली में न्यायिक अधिकारी के रूप में कार्यरत अपनी पत्‍‌नी से तलाक के लिए अदालत में याचिका दायर की थी।
याचिका में पूर्व सिविल जज ने कहा था कि उन्होंने वर्ष 2009 में हरियाणा न्यायिक सेवा में कार्यरत एक महिला जज से प्रेम विवाह किया था। बाद में उनकी पत्‍‌नी ने हरियाणा में नौकरी से त्यागपत्र दे दिया और दिल्ली न्यायिक सेवा में नौकरी कर ली। खुद के विवाहित होने की बात छिपाते हुए दिल्ली में रहने लगी।
विवाह के लिए रिश्ते खोजने वाली एक वेबसाइट पर अपना प्रोफाइल भी डाल दिया। यही नहीं, महिला जज ने अपने के खिलाफ पंजाब एंड हरियाणा हाईकोर्ट में शिकायत की। जिसके कारण महिला जज के पति को अपनी नौकरी गंवानी पड़ी। शिकायतकर्ता का आरोप था कि महिला जज अक्सर उसे फोन पर धमकाती है और उसके घर पर जाकर झगड़ा करती है। जिससे उसकी जिंदगी नरक बन गई है। लिहाजा, उसे तलाक दिया जाए। अदालत ने पत्‍‌नी के पति की नौकरी जाने का कारण बनने को तलाक का ठोस आधार मानते हुए पूर्व जज को पत्‍‌नी से तलाक प्रदान किया।

http://www.jagran.com/news/national-9092031.html 

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.

No more mechanical addition of Murder charges in Dowry Death Cases

No more mechanical addition of Murder charges in Dowry Death Cases


In a significant Judgment, the Supreme Court has practically put an end to the practice of mechanically adding the charge of Murder (S.302 IPC) in all Dowry Death Cases(S.304 IPC) by Trial Judges following a blanket directive of the Supreme Court in Rajibir v. State of Haryana (AIR 2011 SC 568).
It was on 22nd November 2010, the Bench headed by Justice Katju, along with Justice Gyan Sudha Misra issued a direction to the Trial Courts. The Court said;
“We further direct all Trial Courts in India to ordinarily add Section 302 to the charge of section 304B, so that death sentences can be imposed in such heinous and barbaric crimes against women”.
The order surprised many, as it came from a Judge who, on every occasion cautioned the Courts against judicial legislation. In Gian Singh v. State of Punjab, Justice Katju referred the question regarding compounding of non-compoundable offences to larger Bench by holding that the Court cannot amend the statute and must maintain judicial restraint in this connection. He also reminded that the Courts should not try to take over the function of the Parliament or Executive.  Interestingly, contradicting himself, above direction was passed to add the charge of murder in all cases falling under Section 304B. The Bench even forgot the legal principle that the act of framing charge is not an empty formality. The order ignored the settled legal position that a charge can be framed only if the records prima facie reveal facts which constitute an offence thus charged. The direction virtually amended Section 216 of Cr.P.C, thereby restraining the Trial Courts from applying their minds to the facts and circumstances of each case while framing a Court charge.
As a result, even in cases in which records reveal that the victim has committed suicide, Trial Courts were bound to frame charge for murder!!
The Supreme Court while considering the present case found that though the Trial Court did not find any evidence to invoke the murder charge, it was constrained to frame charge for murder solely to comply with Justice Katju’s judgment. In the charge it was stated as follows;
“Even otherwise, the directions of the Hon’ble Apex Court in the case of Rajbir @ Raju & Anr. Vs. State of Haryana in Special Leave Petition bearing No. 9507/2010 decided on 22-11-2010 duly circulated vide No. 33760- 69/DHC/Gaz/G-X/SCJ/2010 dated 3-12-2010, specific directions have been issued to all the subordinate Courts in India to ordinarily add Section 302 IPC to the charge under Section 304B IPC. Therefore, this being the background, charge under Section 302 IPC is being framed in alternative against the accused persons against whom charge under Section 304 B IPC had been framed. The accused pleaded not guilty and claimed trial.”
The Delhi High Court upheld the above order of the Trial Court presumably to comply with the directive in Rajbir Case and the other directions in Suganti vs. Jagdesan (AIR 2002 SC 681) in which it was held as follows. ”
“It is impermissible for the High Court to overrule the decision of the apex Court on the ground that Supreme Court laid down the legal position without considering any other point. It is not only a matter of discipline for the High Courts in India, it is the mandate of the Constitution as provided in Article 141 that the law declared by the Supreme Court shall be binding on all Courts within the territory of India”
The judgment delivered on 2nd July 2013 by the Supreme Court Bench consisting of Justice T S Thakur and Justice Ranjana Prakash Desai has quashed the charge framed by the Trial Court under Section 302 IPC and remitted the matter back to the Trial Court for a fresh consideration. The Bench said;
“The Trial Court in that view of the matter acted mechanically for it framed an additional charge under Section 302 IPC without adverting to the evidence adduced in the case and simply on the basis of the direction issued in Rajbir’s case (supra). The High Court no doubt made a half hearted attempt to justify the framing of the charge independent of the directions in Rajbir’s case (supra), but it would have been more appropriate to remit the matter back to the Trial Court for fresh orders rather than lending support to it in the manner done by the High Court”.
The Supreme Court has now clarified the direction in Rajbir by observing that;
“Be that as it may the common thread running through both the orders is that this Court had in Rajbir’s case (supra) directed the addition of a charge under Section 302 IPC to every case in which the accused are charged with Section 304-B. That was not, in our opinion, the true purport of the order passed by this Court. The direction was not meant to be followed mechanically and without due regard to the nature of the evidence available in the case. All that this Court meant to say was that in a case where a charge alleging dowry death is framed, a charge under Section 302 can also be framed if the evidence otherwise permits.”
There cannot be any scope for doubt on the directive in Rajbir and it was so clear that the Trial Court and the High Court have no choice but to comply with the order literally. Though Rajbir did not contain the words “if the evidence otherwise permits”, it has now been explained by the Supreme Court, by adding such an expression, which it did not actually contain.
But those who know the zero tolerance approach of Justice Katju’s towards dowry deaths would easily realise that Rajbir was his final attempt to award death penalty in all dowry death cases, against his own advice to curb judicial legislation.
In Nathu v. State of U.P while hearing a bail application [Application No: 12466 of 2002] Justice Katju observed, “In my opinion dowry death is worse than murder but surprisingly there is no death penalty for it whereas death penalty can be given for murder. In my opinion the time has come when law be amended and death sentence should be permitted in case of dowry deaths”. He also directed that a copy of the order be sent by the Registrar to Law Minister and Home Minister with a request that they might consider introducing a Bill in the Parliament for such amendment or an ordinance by the Central Government to the same effect.”
Pursuant to the direction in Nathu v. State the Law Commission of India examined the question “whether Section 304B of IPC should be amended to provide for more stringent punishment of death to curb the menace of dowry deaths. In its 202nd report dated 9th October, 2007 the Commission concluded that “we do not recommend amendment of Section 304B of the Indian Penal Code to provide for death sentence as the maximum punishment in case of dowry death”.
On 28th October, 2010 in Satya Narayan Tiwari vs. State of U.P. (2010) 13 SCC 689) while upholding the conviction of the accused U/S 304B and 498A the Bench  headed by Justice Katju wrote “”In fact, it was really a case under S.302 IPC and death sentence should have been imposed in such a case, but since no charge under S.302 IPC was levelled, we cannot do so, otherwise, such cases of bride burning, in our opinion, fall in the category of rarest of rare cases, and hence deserve death sentence”. It seems, finally the Bench thought of venturing into judicial legislation and just after three weeks, the same Bench delivered the Rajbir Judgment. 

http://www.livelaw.in/no-more-mechanical-addition-of-murder-charges-in-dowry-death-cases/

Missing activist's bones found, wife killed him

Missing activist's bones found, wife killed him

NEW DELHI: Six months after a social activist and local communist leader from Bawana in north Delhi went missing under mysterious circumstances, the crime branch has disclosed that he was murdered by his wife and her brothers-in-law.

The cops have recovered the skeleton and other remnants of Ramcharan Ram (60) and arrested his wife Janki Devi (45) and her brother-in-law Vinod Kumar (35). Cops are still looking for another accused, Jhagru, who is also Janki's brother-in-law. Vinod and Jhagru are self styled godmen.

Janki was afraid of losing the property as Ram was having an affair, police said, adding that her brothers-in-law were enraged after the leader brutally thrashed his wife.

The case was cracked after the special operation squad (SOS) of crime branch received a tip-off that the missing leader may have been murdered and buried by his wife and brothers-in-law. The informer said that the accused were trying to flee to Bihar. "Immediately, a team led by ACP Suresh Kaushik and inspector Ashok Kumar was formed to arrest the accused," said additional CP Ravindra Yadav said.

The SOS team apprehended Janki and Vinod, who were packing their bags, from their house in Bawana. During questioning, both tried to mislead the police team but broke down under sustained interrogation and confessed to have murdered Ram.

The accused revealed that Ram sold one of his houses for around Rs 7 lakh and purchased another house for Rs 4 lakh. Janki said Ram had developed an illicit relation with a woman in the area and had spent the remaining amount received from the sale of the house on her.

This led to frequent quarrels between the couple and Ram often beat her up, Janki claimed. They had a big fight when Janki caught him trying to take away property documents of the house with intentions of transferring it on the woman's name.

In December 2012, she shared her problem with Vinod and Jhagru, who assured to help her. For two weeks before the murder, the accused held Ram captive in a room on the first floor of his house. They told the neighbours that he had gone to his native village.

On the New Year's Eve, they made Ram consume a lot of alcohol but he did not get drunk enough. The next day, they made him drink more alcohol until he was extremely inebriated and then Jhagru smothered Ram with a pillow while Vinod and Janki pinned down his hands, police said.

That night, they could not dispose of the body. Next evening, when there was dense fog, they put the body in a gunny bag and took it to a nearby isolated field and buried it in a pit. Yadav said they had recovered the skeleton and remnants of the body on the instance of the accused with the help of a mobile crime team and forensic experts. 
 http://timesofindia.indiatimes.com/city/delhi/Missing-activists-bones-found-wife-killed-him/articleshow/20963903.cms 

Women named in dowry harassment jump before train

Women named in dowry harassment jump before train

JAIPUR: Depressed over a case of dowry harassment lodged against them, a woman and her 30-year-old daughter committed suicide by jumping before a train in Bikaner on Saturday. The case had been registered by the woman's daughter-in-law last month.
According to the police, the victims, Kiran Puri, a widow (54) and her daughter Gitika (30) were residents of Pawanpuri area.

"Kiran's son had a dispute with his wife. After which the wife accused him, Kiran and Gitika of dowry harassment. They claimed that they were innocent and were being harassed," said a police officer.
After lodging the FIR last month, the police arrested the husband, his mother Kiran and his sister Gitika. "While the man was sent to judicial custody, Kiran and Gitika were released on bail," said the officer.
On Saturday, Kiran and Gitika went to the railway tracks near Vyas Colony in Bikaner around 4am and jumped before a train. While Kiran died on the spot, Gitika was rushed to hospital in critical condition. She also succumbed to injuries while undergoing treatment.
"We have launched an investigation whether the two women were harassed," said the officer. 

http://articles.timesofindia.indiatimes.com/2013-07-07/jaipur/40420237_1_police-officer-bikaner-railway-tracks 

दुष्कर्म का मामला निकला झूठा

दुष्कर्म का मामला निकला झूठा

वरिष्ठ संवाददाता, बल्लभगढ़ :
सहायक पुलिस आयुक्त (एसीपी) सेंट्रल पूनम दलाल ने थाना सदर पुलिस को जेल अधिकारियों के खिलाफ दुष्कर्म के आरोप में दर्ज मुकदमें को रद करने के आदेश दिए हैं।
विदित हो कि 14 मई 2013 को जिला नीमका जेल के बंद दो महिला कैदियों उपाधीक्षक शाहिद खान पर बंद कमरे में दुष्कर्म करने तथा दो महिला वार्डनों पर दुष्कर्म के लिए प्रेरित करने का आरोप लगाया था। इस मामले में महिलाओं की शिकायत पर थाना सदर में भी मामला दर्ज किया गया। मामले की जांच सेंट्रल एसीपी पूनम दलाल को सौंपी गई थी। जांच के दौरान एसीपी ने जेल में करीब 65 कैदियों के बयान दर्ज किए। इस दौरान उन्होंने जेल के कर्मचारियों से भी बातचीत की। जांच के दौरान एसीपी ने जेल अधिकारियों के खिलाफ मामले को झूठा पाया। एसीपी ने अपनी जांच पूरी करने के बाद थाना सदर पुलिस को लिखित में मुकदमा निरस्त करने के आदेश दिए हैं। इसकी पुष्टि थाना सदर प्रभारी प्रशिक्षु आइपीएस अभिषेक जोरवाल ने भी की है।

http://www.jagran.com/haryana/faridabad-10538273.html 

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 

Sunday, 7 July 2013

Court asks man to pay Rs 20 lakh to son

Court asks man to pay Rs 20 lakh to son

NEW DELHI: A boy has been granted approximately Rs 20 lakh as maintenance by a Delhi court, payable by his NRI father who allegedly deserted his wife and child and remarried abroad.

Metropolitan magistrate Jyoti Kler awarded maintenance of Rs 35,000 per month to the boy and asked the father to pay arrears from the date his estranged wife and the mother of the boy filed the petition in court in 2009. The court has given the husband nine months time to arrange the arrears.

In a contested battle ranging for over five years the wife had sought maintenance from her husband on the ground that he deserted her. According to the petitioner, the couple tied the knot under the Hindu Marriage Act, 1955 but the husband allegedly deserted the wife and later obtained an ex-parte decree from Canada, where he resettled. The wife through her lawyer Prabhjit Jauhar argued that since the marriage was solemnized under the HMA, the union couldn't have been dissolved by a decree of a foreign court, in response to the husband's argument that the Delhi court has no locus to hear the dispute since the matrimonial house was located in Canada where a court has already granted divorce decree.

Since the petitioner was found to be earning Rs 70,000 per month, she didn't seek maintenance for herself, but argued the father should be made liable for the upkeep of the minor son who is now being raised by her. The wife further argued she is entitled to some relief of residence as she has to pay rent.

The court, after considering the arguments and the salary of the NRI father which was found to be around 3,800 Canadian dollars, awarded the amount towards maintenance and residence.

According to the wife the husband never disclosed his plans to settle in Canada at the time of marrying her in 2001. She claimed that his family put pressure on him to migrate to Canada. Later, when he managed to shift outside the country, she accompanied him and stayed with him for some time during which she was allegedly ill treated and abused, even though she was pregnant, the petition alleged. 
 http://timesofindia.indiatimes.com/city/delhi/Court-asks-man-to-pay-Rs-20-lakh-to-son/articleshow/20950406.cms 

पत्नी ने मरवाया था, 6 महीने बाद निकाला कंकाल

पत्नी ने मरवाया था, 6 महीने बाद निकाला कंकाल

मनीष अग्रवाल ।। बवाना
अवैध संबंधों के शक में एक शख्स की हत्या कर दी गई। हत्या का आरोप उसकी पत्नी और उसके दो जीजा पर है। शव को ठिकाने लगाने के लिए उसे बवाना डीएसआईडीसी के पास जमीन में दबा दिया गया। पुलिस से उसके लापता होने की शिकायत भी नहीं की गई। किसी तरह से इसकी भनक क्राइम ब्रांच को लग गई। करीब छह महीने बाद शनिवार को उसके कंकाल को जमीन से बाहर निकाला गया। एफएसएल से उसकी पुष्टि कराई जाएगी। इस मामले में मृतक की पत्नी सहित दो को गिरफ्तार किया गया है।

क्राइम ब्रांच के अडिशनल कमिश्नर रवींद यादव ने बताया कि मृतक का नाम रामचरण (60) है। वह अपनी पत्नी जानकी (50) के साथ बवाना के ई ब्लॉक में रहते थे। क्राइम ब्रांच एसओएस को रामचरण के मर्डर के बारे में कुछ सूचना मिली थी। एसीपी सुरेश कौशिक और इंस्पेक्टर अशोक की टीम ने इसकी छानबीन शुरू की। रामचरण के दामाद की शिकायत पर शुक्रवार को बवाना थाने में उनके अपहरण की एफआईआर दर्ज की गई। इसके बाद शक के आधार पर रामचरण की पत्नी जानकी से पूछताछ की गई।

पहले उसने कुछ नहीं बताया, बाद में कड़ाई से पूछने पर उसने सब सच उगल दिया। उसकी निशानदेही पर क्राइम ब्रांच ने शनिवार दोपहर को बवाना में एक जगह पर खुदाई शुरू की। वहां करीब 6 फुट नीचे एक कंकाल पुलिस को मिला। जानकी के मुताबिक, यह कंकाल उसके पति रामचरण का ही है। मगर कोर्ट में इस बात को साबित करने के लिए एफएसएल टीम को भी बुलाया गया। पुलिस ने जानकी के जीजा विनोद को भी गिरफ्तार कर लिया है। इस मामले में एक आरोपी और जानकी का जीजा झगडू को और गिरफ्तार करना है।


पुलिस ने बताया कि रामचरण इलाके में लोगों का काम आदि कराता रहता था। बवाना में उनका एक प्लॉट था, जिसे उन्होंने पिछले साल दिसंबर में 7.5 लाख रुपये में बेच दिया था। उसके बदले उसने बवाना के अंदर करीब चार लाख रुपये का एक प्लॉट खरीद लिया था। बाकी पैसे उसने अपनी एक महिला जानकार को दे दिए थे। ऐसा शक उसकी पत्नी जानकी को जानकी को लग रहा था कि वह प्लॉट भी दूसरी महिला के नाम कर देगा। उसे शक था कि रामचरण के दूसरी महिला के साथ अवैध संबंध हैं।

पुलिस के अनुसार, रामचरण को ठिकाने लगाने की जानकी ने प्लानिंग बनाई। इसमें अपने दो जीजा विनोद और झगडू को शामिल किया। साजिश के तहत दोनों इस साल 2 जनवरी को रामचरण के घर आए और रात को वहीं रुके। रात में इन्होंने रामचरण को अधिक शराब पिला दी। इसके बाद जानकी की मदद से दोनों ने रामचरण का गला घोंटकर मर्डर कर दिया। इसके अगले दिन रामचरण के शव को घर में ही रखा गया और 3 जनवरी की देर रात को शव को बोरे में डालकर शव को दोनों बारी-बारी से कंधे पर डालकर इंडस्ट्रियल एरिया के पास ले गए और वहां एक गड्ढे में शव को दबा दिया गया।


http://navbharattimes.indiatimes.com/delhi/crime/wife-murdered-husband/articleshow/20949073.cms 

Saturday, 6 July 2013

कसम खाओ दोबारा शादी नहीं करोगी! तो ही मिलेगी पेंशन

कसम खाओ दोबारा शादी नहीं करोगी! तो ही मिलेगी पेंशन

वैसे तो सिविक एजेंसिया अपने काम करने के तरीके के चलते हमेशा सुर्खियों में रहती हैं, लेकिन अब ईस्ट एमसीडी के अधिकारियों का अनोखा कारनामा सामने आया है, जिसमें विधवा और वृद्धावस्था पेंशन पाने के लिए अधिकारी तलाकशुदा और विधवा महिलाओं से दोबारा शादी ना करने की कसम खिलवा रहे हैं.
गुरुवार को हुई ईस्ट एमसीडी स्टैंडिंग कमेटी में उस वक्त सब हैरान रह गए जब ईस्ट दिल्ली की पूर्व डिप्टी मेयर उषा शास्त्री ने 60 वर्ष से अधिक आयु की विधवाओं एवं तलाकशुदा महिलाओं से भविष्य में शादी नहीं करने के वायदे के तौर पर शपथ पत्र मांगने के मामले का खुलासा किया. पार्षद उषा शास्त्री ने कहा, 'मैंने स्थाई समिति में ये मुद्दा उठाया था कि जो फॉर्म वापस लौटाए जा रहे हैं उनमें से कुछ में महिलाओं से दोबारा शादी ना करने का एफिडेविट मांगा जा रहा है.' बतौर उषा शास्त्री मामला इसलिए भी गंभीर है क्योंकि इस तरह का शपथ पत्र न देने पर अधिकारी पेंशन देने की प्रक्रिया को आगे नहीं बढ़ा रहे थे.
हालांकि स्थाई समिति की बैठक के बाद शाहदरा नॉर्थ जोन के डीसी और पूर्वी दिल्ली नगर निगम के कमिश्नर ने भरोसा दिलाया कि ऐसा हलफनामा आगे से नहीं मांगा जाएगा, लेकिन महिलाओं की अस्मिता पर सवाल उठाने वाले इस मामले ने पूर्वी दिल्ली नगर निगम की किरकिरी तो करवा ही दी.

What India’s New ‘Anti-Rape’ Bill Actually Says

What India’s New ‘Anti-Rape’ Bill Actually Says

NEW DELHI–After clearing the Lok Sabha or lower house of Parliament earlier this week, a bill to toughen India’s laws on sexual offenses is being debated in the upper house on Thursday.
The bill, which will amend India’s penal code and laws of criminal procedure and evidence, was drafted in response to widespread street protests after the fatal gang rape of a 23-year-old woman in Delhi in December.
Among the significant provisions of the bill, seen by India Ink, are longer sentences for sex offenders, a broader definition of rape and punishments for other sex crimes like stalking and voyeurism.
Here are some of the bill’s crucial changes:
– Women’s rights advocates and victims of sexual offenses have long accused a male-dominated police force of refusing to register complaints by women, and even facilitating a monetary settlement or brokering a marriage between victims of rape and the accused.
The bill lays down punishment for police officers who fail to record the initial complaint, known as the first information report, of a woman who alleges she was attacked with acid, assaulted by a man who intended to molest her or “outrage her modesty,” stripped naked or raped. Such officers can receive jail terms of six months to two years.
– The bill creates a separate offense to address acid attacks, common in South Asian countries, especially by men who are spurned by women they express an interest in.
Under the bill, those convicted of throwing acid on a woman, causing “permanent or partial damage or deformity,” or maiming or disfiguring her, will be punished with prison sentences ranging from 10 years to life and a fine.
With an eye to the rehabilitation of the victim, the bill says the fine should be paid to the woman as compensation.
– The bill defines sexual harassment, which includes “physical contact and advances involving unwelcome and explicit sexual overtures,” a demand for sexual favors and showing pornography to a woman who does not want to see it. Those convicted of harassment can receive prison sentences of up to three years.
Making “sexually colored” remarks is also included in the definition of sexual harassment, for which the bill prescribes a prison sentence of up to a year.
– The bill criminalizes the forced stripping of women, or disrobing, in public spaces or in private confines, with a minimum jail term of three years and a maximum of seven. Under the current law, disrobing a woman is not a separate offense.
– One of the more controversial provisions in the bill is the section on voyeurism, which seeks to punish men who watch or photograph women who are conducting a “private act,” such as bathing, using the toilet or having sex.
The bill lays down a punishment of three to seven years in prison for those convicted of voyeurism more than once.
Voyeurism is not a separate offense under the current law.
– The bill creates another new, and much-debated, offense: stalking. This provision deals with men who follow a woman and establish contact with her or attempt to do so “to foster personal interaction repeatedly despite a clear indication of disinterest” by the woman.
E-stalking, or monitoring of a woman’s activities online, such as browsing or checking of e-mail, has also been made punishable.
A man convicted of stalking once can be sentenced to a term of up to three years, and if convicted again can receive a sentence of up to five years.
– The bill expands the definition of rape to include not just penovaginal intercourse but the insertion of an object or any other body part into a woman’s vagina, urethra or anus, and oral sex.
This responds to a longstanding demand of women’s rights groups. The issue of rape by different means was highlighted in the Delhi gang-rape case, where an iron rod was inserted into the young woman’s body.
Prison sentences for rape can range from seven years to life. The current law allows courts to hand down a sentence of less than seven years for “adequate and special reasons,” a provision omitted in the bill.
– The bill raises the age of consent for sex to 18. This means that intercourse with a woman under 18 is statutory rape and courts conducting rape trials cannot consider whether the woman consented to having sex. It also, in effect, criminalizes consensual sex with women under 18, a subject of much controversy.
– The bill does not make marital rape an offense, ignoring a longstanding demand of women’s rights advocates.
– The bill takes a tough stand on rape by public servants. Under the current law, when a rape is committed by a police officer or prison staff, those convicted can be punished with sentences ranging from 10 years to life.
The bill clarifies that imprisonment for life means the convict must remain in prison till the end of his natural life.
The bill also allows women to bring a complaint of rape against members of the armed forces.
– When a rape leaves a woman dead or in a “persistent vegetative state,” the bill demands a minimum sentence of 20 years in prison and a maximum punishment of death. This is the first time that the death penalty is being prescribed for sexual offenses in India, which, unlike nearly all European nations, retains the death sentence, but uses it only in the “rarest of rare cases.”
– The bill increases the minimum punishment for gang rape from 10 years imprisonment to 20 years, and the maximum punishment to life imprisonment.
– The bill provides for life imprisonment or death for repeat offenders convicted of rape and gang rape.
– The bill makes procedural changes to address concerns that women are uncomfortable or intimidated by male police officers, or are treated with insensitivity when they approach police stations to register complaints of sex crimes.
The bill requires that all initial reports involving sexual harassment, disrobing, voyeurism, stalking, rape and gang rape be taken by women officers only.
– In order to ensure speedy trial, the bill requires that rape trials be completed “as far as possible” within two months from the time the police file charges against the accused.

http://india.blogs.nytimes.com/2013/03/21/what-indias-anti-rape-bill-actually-says/

Friday, 5 July 2013

Like a virgin, touched for very second time

Like a virgin, touched for very second time

AHMEDABAD: A plastic surgeon was in for a surprise recently — a boy and his girlfriend came to consult him for hymenoplasty, a procedure in which the hymen is reconstructed in women.
The boyfriend told the doctor that they were in love and had engaged in premarital sex for over a year. However, since the two belonged to different cultures, their parents were not in favour of their marriage and hence they had no choice but to part ways and get married to different people.

"The boy wanted me to restore the hymen so that the husband believes that the girl is a virgin on the wedding night," said Dr Hemant Saraiya, a plastic surgeon. "He said that he supported her as he did not want her to be in trouble for the hymen not breaking. This was the first case of a boyfriend accompanying his girlfriend for hymen reconstruction which indicated that the society is changing."
Saraiya said that he is routinely consulted by girls, coming along with their friends, to get hymen reconstructed before their wedding.
"Premarital sex is very common these days and while there are men who do not insist on their wives being virgins, there are many belonging to conservative families who insist on this 'virtue'," he said.
"Many girls who have had physical relations with various boyfriends get hymen reconstructed before marriage. While most girls come with their friends, one girl was accompanied by her mother."
In hymenoplasty, a mesh of tissues taken from inside the vagina walls is constructed into a hymen which, like the original structure, can break.
Dr Aashit Shah, another plastic surgeon, said that hymenoplasty was becoming a popular method to restore virginity in girls who have had premarital sex and were getting married to men other than their lovers.

http://articles.timesofindia.indiatimes.com/2013-06-06/ahmedabad/39787975_1_plastic-surgeon-hymen-virgin 

SC cautions on slapping murder charge in dowry death case

SC cautions on slapping murder charge in dowry death case 

HDFC Bank’s 30 year home loan New Delhi, July 4: In dowry death cases, the trial courts should not mechanically frame a murder charge against the accused unless there is prima facie evidence supporting the finding, the Supreme Court has said. "The question whether it is murder punishable under Section 302 IPC or a dowry death punishable under Section 304B IPC depends upon the fact, situation and the evidence in the case," said the apex court bench of Justice TS Thakur and Justice Ranjana Prakash Desai in a recent judgment. "If there is evidence whether direct or circumstantial to prima facie support a charge under Section 302 IPC, the trial court can and indeed ought to frame a charge of murder punishable under Section 302 IPC, which would then be the main charge and not an alternative charge as is erroneously assumed in some quarters," said Justice Thakur pronouncing the judgment. If the main charge of murder was not proved against the accused at the trial, the court could look into the evidence to determine whether the alternative charge of dowry death punishable under Section 304B was established, the apex court said. The ingredients constituting the two offences were different, thereby demanding appreciation of evidence from the perspective relevant to such ingredients, the bench said. A charge under Section 304B of the Indian Penal Code (IPC) was not a substitute for a charge of murder punishable under Section 302 of the IPC, the court said. The court said this while clarifying its earlier order of Nov 22, 2010, which was being "mechanically" read to invoke the charge of murder in every dowry death case. The apex court by its interim order had directed all trial courts to ordinarily add Section 302 of the IPC to the charge under Section 304B "so that death sentences could be imposed in such heinous and barbaric crimes against women". Setting aside a Delhi High Court order upholding the addition of murder charges by the trial court in pursuance to the apex court's Nov 22, 2010, interim order, Justice Thakur and Justice Desai said: "That was not, in our opinion, the true purport of the order passed by this court." Clarifying the Nov 22, 2010, interim order, the apex court said: "The direction was not meant to be followed mechanically and without due regard to the nature of the evidence available in the case." "All that this court meant to say was that in a case where a charge alleging dowry death is framed, a charge under Section 302 can also be framed if the evidence otherwise permits," the judgment said. It is common ground that a charge under Section 304B IPC is not a substitute for a charge of murder punishable under Section 302. The court said this while addressing the question whether the high court was justified in affirming the trial court decision to add murder charge against Jasvinder Saini and others who were under penal provisions for punishment for cruelty against woman by her husband and his relatives, dowry death and criminal breach of trust. Initially while framing the charges, the trial court did not find any evidence to invoke the murder charge but added it after the apex court's Nov 22, 2010, interim order. Saini and his relatives were named as accused in the case of his wife Chandni's death under unnatural circumstance.

http://www.samachar.com/SC-cautions-on-slapping-murder-charge-in-dowry-death-case-nheuM3hdbbj.html

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

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

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

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