विवाह कायद्यातील दुरुस्ती परत घ्या

विवाह कायद्यातील दुरुस्ती परत घ्या

म . टा . विशेष प्रतिनिधी , नागपूर

हिंदू विवाह कायद्यातील दुरुस्ती ही पुरुषांवर अन्याय करणारी असल्याने ती संसदेत मांडू नये व परत घ्यावी , अशी मागणी सेव्ह इंडिया फॅमिली फाऊंडेशनने केली आहे .
अलीकडेच सरकारने या कायद्यात दुरुस्ती करून महिलेला घटस्फोटानंतर पतीच्या वडिलोपार्जित संपत्तीचाही वाटा मिळाला पाहिजे , अशी दुरुस्ती केली आहे . ' सेव्ह इंडिया ' चे राजेश वखारिया म्हणतात की , आमच्या संघटनेतर्फे आम्ही देशभर या दुरुस्तीला विरोध करू . या दुरुस्तीमुळे पतीचे कुटुंब उद् ‍ ध्वस्त होईल व एकूणच कुटुंब पद्धतीचा ऱ्हास होण्याची भीती आहे . विवाह , घटस्फोट याच्याशी संबंधिक बहुतांश कायदे हे महिलांच्या बाजूने असल्याचे सांगून वखारिया म्हणतात की , आपल्या देशात ७० टक्के लोक गरीब व कर्जबाजारी आहेत . त्यांच्याजवळ कोणतीही संपत्ती नाही . त्यातच घरच्या मुलींच्या शिक्षणाची , विवाहाची जबाबदारी आहे . अशात घटस्फोटित सुनेलाही आपल्या संपत्तीतून वाटा द्यावा लागला तर त्यांच्यावर पूर्ण उद् ‍ ध्वस्त होण्याची वेळ येईल . त्यामुळे देशातील फक्त श्रीमंत महिलांना डोळ्यापुढे ठेवून कोणताही निर्णय घेऊ नये , असे आवाहन संघटनेने केले आहे . या कायद्यामुळे भारतात घटस्फोटांचे प्रमाण प्रचंड वाढेल त्यामुळे सर्व राजकीय पक्षांनी या कायद्याला विरोध करण्याचे आवाहनत्यांनी केले आहे .

या कायद्याच्या भाषेतही बदल करण्याची मागणी सेव्ह इंडियाने केली आहे . ' पती ' व ' पत्नी ' ला ' जीवनसाथी ' तर ' स्त्री ' व ' पुरुष ' यांना ' व्यक्ती ' म्हणून संबोधावे . पतीच्या संपत्तीच्या मिळकतीत पत्नीचे काय योगदान आहे हेदेखील सरकारने तपासून पाहिले पाहिजे . हे तपासण्यासाठी एक सूत्र विकसित करावे . त्यासाठी लग्नाला झालेला कालावधी , मुलांची संख्या , स्त्री नोकरी करणारी आहे की घरी राहणारी यांचा विचार करावा . जर एखादी स्त्री तीन मुलांची आई आहे , तिच्यावर वृद्धांच्या देखभालीची जबाबारी आहे अशावेळी तिचे संपत्तीतील योगदान मान्य करावे पण जिला लग्न होऊन वर्षच झाले , मुलबाळ नाही , नोकरी करते अशांना संपत्तीत वाटा कोणत्या आधारावर देणार , असा संघटनेचा सवाल आहे . मासिक पोटगी आणि संपत्तीत वाटा यापैकी कुठलीही एक तरतूद ठेवली पाहिजे . हे ठरविण्यासाठी एखादी समिती वा आयोग गठित करावा . त्याचप्रमाणे घटस्फोटानंतर मुलीला तिच्या माहेरी हक्काने राहता आले पाहिजे यासाठी कायद्यात तरतूद करावी . माहेरचे लोक तिला पतीच्या घरी जाण्यास बाध्य करीत असतील किंवा आपल्या संप्ततीतील वाटा देत नसतील तर तो अपराध मानला गेला पाहिजे , असेही वखारिया यांनी म्हटले आहे . 

http://maharashtratimes.indiatimes.com/maharashtra/nagpur-vidarbha/--/articleshow/21272852.cms 

Now, a helpline for harassed men

Now, a helpline for harassed men

KOZHIKODE: A legal aid centre formed by victims of dowry law (IPC498A) and other anti-men laws is launching a helpline for clients. The JanamithramJanakeeyaNeethiVedi, launched three years ago, promises that the service will be available round the clock from August 11.

The facility, offering legal aid and steps to tackle fabricated cases, will be launched in Malayalam in the first phase. The helpline numbers will be 9387469083 and 9142930682.

Vedi president M A Ibrahim Ravuthar said the increasing instances of misuse of laws, anti-men directives of family courts and the new amendment to Hindu Marriage Act had forced the 5,000-member-strong organization to launch the helpline. "The number of educated women misusing IPC section 498A to harass their husbands and other relatives is on the rise. We are looking to help such people," he said.

The genuineness of cases will be verified with the help of organization members in the respective districts. Legal aid to face fabricated cases will be provided to only those whose claims are found to be genuine in the verification process.

"The organization will also seek to work like mediators for the speedy disposal of cases. We have already contacted similar organisations in other states to work together. The helpline can benefit even those who don't know whom to approach for help,'' Ravuthur said.

"We will also provide legal aid with the help of police and state legal services authority,'' he added. http://timesofindia.indiatimes.com/city/kozhikode/Now-a-helpline-for-harassed-men/articleshow/21290465.cms?fb_action_ids=185487584954514&fb_action_types=og.likes&fb_source=other_multiline&action_object_map={%22185487584954514%22%3A282026641937032}&action_type_map={%22185487584954514%22%3A%22og.likes%22}&action_ref_map=[] 

Woman accused of murdering a doctor 'couriers' his severed private part to wife

Woman accused of murdering a doctor 'couriers' his severed private part to wife


The gruesome murder of a 42-year-old government doctor in Kanpur has taken a bizarre turn with the woman accused of the crime now being suspected of having couriered the victim's severed private part to his wife, police said on Tuesday.
The main accused woman in the case, who is yet to be traced, was present with the victim in the hotel where he was later found murdered, police said. Kanpur (rural) SP KS Singh said that en route to delivering the package, the courier saw blood stains on it and contacted the police who seized the parcel after seeing its contents. Police is sending the organ to a forensic laboratory in Lucknow for a DNA test, he said.
Meanwhile, the deceased's brother has filed an FIR against an unknown doctor, hotel manager Anup Srivastav, and three other hotel employees, they said. 


Satish Chandra, posted at Amrodha Primary Health Centre in Kanpur Dehat area, was found dead on Sunday at a hotel in the Rania area. Infuriated over the shocking incident, doctors in government hospitals on Monday called a strike and demanded justice for the victim. They demanded immediate arrest of all the accused and security for themselves, police said.
The doctors, who had taken part in the strike called by the PMM Association, have all resumed work from Tuesday, Kanpur Dehat CMO Karan Singh said. But they have warned that if the accused are not arrested immediately, all services at hospitals, barring emergency duties, would be suspended.
According to police, Chandra's post-mortem report mentions excessive bleeding caused by a cut from a sharp weapon as the reason for death. The features described by the courier company employees match with that of the accused woman. She was in her mid-twenties and wearing a salwar kameez, he said. 

http://ibnlive.in.com/news/woman-accused-of-murdering-a-doctor-couriers-his-severed-private-part-to-wife/408982-3-242.html

'New law for live-in partners up to judiciary'

'New law for live-in partners up to judiciary'

GURGAON: Even as city police officers do not want to comment officially on the trend of live-in relationships and its legal implications and about the recent spate of rape allegations against former live-in partners, some of them, talking off the record, are of the opinion that it is a wrong way to seek revenge after a relationship has gone sour.

Police investigating such cases have found that most of these allegations start after the partners have decided to end their relationship. Police have also found that in all the cases, it is the female partner who seeks legal action.

Such a case is filed under the same section as rape, that is, Section 376 of the Indian Penal Code.

Experts say while introducing a new law for live-in relationships is difficult and complex, it is time the judiciary looked into the issues arising from a live-in relationship.

"The Supreme Court in various judgments has held that consensual sex between two adults can't be termed rape. But the younger generation thought that was a green light for live-in relationships, that they need not marryl; 'indulge in sexual gratification'; and then walk out any time without taking any responsibility. This may not be a correct impression," said Harish Malhotra, a Gurgaon-based lawyer.

In some cases, the Supreme Court has held that the consent obtained by false promise of marriage is no consent, and therefore it is rape.

"If any unmarried couple of the right legal age is "involved in sexual gratification", this will be considered a valid marriage and they could be termed "husband and wife", the Madras High Court has ruled in a judgment that gives a new twist to the concept of premarital sex," added Malhotra.

The court said if a bachelor has completed 21 years of age and an unmarried woman 18 years, they have acquired the freedom of choice guaranteed by the Constitution. "Consequently, if any couple chooses to consummate their sexual cravings, then that act becomes a total commitment with adherence to all consequences that may follow, except on certain exceptional considerations," he added.

The June 17, 2013 Madras high court verdict

The petitioner A, a Hindu, and respondent OH, a Muslim, lived under one roof, had sexual relations, and had two children between 1994 and 1999. There was documentary proof that OH was the father of at least the second of such children. There was also proof that OH had applied for a "family card" for himself, A and the two children. However, A's marriage to OH was not registered in the Islamic marriage register, the Nikah book. In 1999, OH deserted A and her two minor children.

In 2000, she filed for maintenance of Rs 5,000 per month from him for herself and the two children, claiming that he earned Rs 25,000 per month from his business. OH denied that A was his wife, said she was a "dubious" woman, who was his coworker, and that there was no documentary proof of religious solemnization of marriage between them.

The family court judge observed that though the two children belonged to the respondent and were each entitled to a maintenance of Rs 500 per month from OH, and while A was entitled to Rs 1,000 per month from OH towards litigation expenses, A was not the wife of OH in the absence of documentary proof supporting their marriage.

However, when A filed a revision petition against this order of the family court, Justice CS Karnan at the Madras high court held that customary rites are not necessary to solemnize a valid marriage, and as long as there is no legal bar to A and OH's marriage, while they have also had children together, A's status has been elevated to 'wife' of OH.

Justice Karnan then went on to hold that if a man and a woman of marriageable age have a sexual relationship and the woman becomes pregnant, the couple will be treated as a husband and wife. Even when there is no pregnancy but strong documentary proof of sexual relationship, the couple will still be treated as married. If after having a sexual relationship the couple decides to separate, the husband can only marry another woman after a decree of divorce from the wife. Either part in such couples can approach a family court for declaration of valid marriage.

Karnan directed OH to pay a monthly maintenance of Rs 500 to A, applicable from September 2000, and the arrears of such maintenance until May 2013 within three months. http://timesofindia.indiatimes.com/city/gurgaon/New-law-for-live-in-partners-up-to-judiciary/articleshow/21289236.cms 

senior citizen suicide

TV9 Sting Ops: 'Deal Sangatane' : Cheating Women Welfare Associations 'Exposed' - Full

TV9 Sting Ops: 'Deal Sangatane' : Cheating Women Welfare Associations 'Exposed' - Full 

http://www.youtube.com/watch?v=ehgAO8huQRs

Mistress of Spice: Renuka Chowdhury

Mistress of Spice: Renuka Chowdhury

Renuka Chowdhury likes to be in the news. This week, however, the women and child development minister hit the headlines for all the wrong reasons. Her advice to women to trust condoms more than men received flak not only from men but also from women’s organisations. In the midst of this, she also provided enough ‘masala’ to news channels to rake up a fresh controversy.
The 52-year-old minister from Andhra Pradesh is not left deterred, though. “I will rather deal with controversies than die compromising. I will always knock at the door of truth,” was her reaction to opinions against her on television. “People should understand the context (of the statement) — that most women get HIV/AIDS from their husbands. I just wanted to caution them,” she said.
But critics like Poornima Advani, former chairperson of National Commission for Women, would prefer more subtle ways of cautioning. “Telling (women) that men cannot be trusted is demeaning your brothers and creating a rift in families,” said Advani.
Others questioned Chowdhury’s wisdom in asking women to purchase condoms themselves, saying they would be branded as sex workers. They feel that propagating such views can cause more harm to women than do any good.
All for a cause?
A housewife-turned-politician, Chowdhury, however, describes such views as mindset problems. And strong statements such as the one she made, she says, are needed to change the popular mindset. So, don’t be amazed if Chowdhury has more astonishing words of advice for women in the future.
She believes women cannot be empowered without strong rhetoric from the top level in the government and actually takes credit for initiating a national debate on issues relating to women’s right with her statement.
Chowdhury would have you believe that she has taken over the task of championing the cause of women’s empowerment. “I have seen traumatised women in the worst possible inhuman conditions. I am here to bring a change in their lives,” she has said.
Her eloquence on mandatory registration of pregnancies last week had several women organisations up in arms, terming the proposal as a move to infringe a woman’s privacy. Bur Chowdhury disagrees: “What privacy are you talking about? They (women) live with 10 members in a room and don’t have a bathroom. They cannot even decide when to bear a child. Registration (of pregnancy) will help give a woman good and healthy life.”
Heated history
The fresh row in the aftermath of Chowdhury’s statement may dissipate with time as it has happened in past, but Chowdhury’s political career, which started in 1984, has seen a long list of controversies. She hogged the limelight when she stood on top of a jeep to protest the ouster of the Andhra Pradesh government, and won the election against Congress leader P. Janardhan Reddy.
Then there was a time when she created a storm by joining the Congress after quitting the Telugu Desam Party and was subsequently made a minister of state for health and family welfare.
Her stint at the helm of the women and child development ministry has not been any less controversial. Her strong advocacy of the Domestic Violence Act earned her the dubious distinction of being one of the most hated Indian politicians on blogs and websites.
Blogs like the Unquiet Mind described her as ‘men hater’ and ‘creator of gender bias in the Indian laws’. Chowdhury’s office has received large amounts of hate mail but her officers perceive it as a signal of the good work being done. The domestic violence law even received flak from the Supreme Court, when it  observed that it was a “badly framed law”.
Mixed bag of results
Chowdhury’s critics like Ranjana Kumari of Women Power Connect point out that mere sensational comments on women and child issues will not work. Many of Chowdhury’s ideas —  like orphanages for girl children, which were highlighted in media with fanfare — have just not taken off, points out Ranjana Kumari. She adds that there is a need to bring seriousness in the government’s thinking on women and children issues.
Chowdhury’s retort is sharp: “We are here to restore rights of women as enshrined in the Constitution and give them a dignified way of living, which has not happened in 60 years of Independence.”
But the minister’s overdrive and admission of the faults within her ministry has won her accolades from Prime Minister Manmohan Singh.
For the first time, a law to protect the rights of children, a law against sexual harassment and a Child Protection Scheme are in the pipeline. Chowdhury admits that the world’s biggest child nutrition plan — the Integrated Child Development Scheme — was flawed, and has asked for restructuring of the scheme.
On the latest issue, Chowdhury claims she has got calls congratulating her for her views on HIV/AIDS and registration of pregnancies. And in making these statements, she says, she had taken the advice of a friend, who told her: “You should speak your heart out.” Well, the advice sure has brought into national focus the once low-profile ministry that she heads.
www.hindustantimes.com/News-Feed/India/Mistress-of-Spice-Renuka-Chowdhury/Article1-237774.aspx 

Divorce rate will increase in India

प्रस्तावित तलाक कानून के कारण पति की संपत्ति लुटने के कागार पे है!

प्रस्तावित तलाक कानून के कारण पति की संपत्ति लुटने के कागार पे है!

सरकार की अति सक्रियता हिन्दू विवाह अधिनियम को संशोधित करने की परेशानी और अचम्भे में डालती है. इस सरकार का कार्यकाल एक साल के भीतर ही ख़त्म होने वाला है लिहाज़ा ये अति सक्रियता आत्मघाती है. सम्पति के बटवारे के बारे में इसकी टेढ़ी चाल भारतीय परिवारों के विघटन का कारण बन सकती है. इस बटवारे वाले सेक्शन को लेकर जो उहापोह स्थिति उत्पन्न हो गयी है सरकार के भीतर उससे स्पष्ट है कि इस सरकार के मंत्री खुद भ्रम के स्थिति में है और वो एकमत रूख नहीं रखते है इस कानून में निहित संपत्ति बंटवारे और मुआवजे से सम्बंधित बिन्दुओ पर. हिंदू विवाह अधिनियम’ की धारा 13-बी और ‘विशेष विवाह अधिनियम’ की धारा 28 आपसी सहमति से तलाक के अंतर्गत संपत्ति बंटवारे/ मुआवज़े पर जो सरकार के भीतर अन्तर्विरोध उभर कर आये है उससे ये समझ में आता है कि सरकार में शामिल मंत्रियो से लेकर अन्य पार्टी के सांसदों को ज्यादा कुछ नहीं पता है इस कानून के मूल तत्वों का. इससे ये सहज ही समझा जा सकता है कि जनता जिसका वो प्रतिनिधित्व करते है उनमे कितना भ्रम व्याप्त होगा। फिर भी ये सरकार इस संशोधन को इतनी जल्दबाजी में कानूनी जामा पहनाना चाहती है ये हैरान करता है.

ये बताना आवश्यक रहेगा कि सरकार ने संशोधन को पास कराने की हड़बड़ी में लॉ कमिशन और संसदीय स्थायी समिति को पूरी प्रक्रिया से बाहर रखा है. इसके खतरनाक दुष्परिणाम होंगे और भारत के युवक-युवतियों का भविष्य अँधेरे के गर्त में जा सकता है. ये निश्चित है कि अगर ये बिल अपने प्रस्तावित स्वरूप में पास हो गया तो ये एक और उदाहरण होगा गैर जिम्मेदाराना तरीके से अस्तित्व में लाये गए कानून का जो प्रक्रियागत खामियों से लैस होगा। लिहाज़ा सेव इंडिया फॅमिली फाउंडेशन (SIFF) हिंदी विवाह अधिनियम (संशोधन) बिल, २०१०, को अपने वर्तमान स्वरुप में अस्वीकार करती है और इसको वापस लेने का आग्रह करती है. इसके इस स्वरूप में पारित कराने का तीव्र विरोध करती है.

सेव इंडिया फॅमिली फाउंडेशन (SIFF) का ये भी कहना है कि न्यायधीशो को इस कानून के तहत असीमित अधिकार देना किसी तरह से भी जायज नहीं है खासकर महिलाओ से संबधित मासिक गुज़ारा भत्ता /मुआवज़े के निर्धारण में. लिहाज़ा  सेव इंडिया फॅमिली फाउंडेशन (SIFF) अपनी असहमति दर्ज कराती है.

कुछ आवश्यक बिंदु:  इस कानून को महिलाओ के पक्ष में बताना खतरनाक है क्योकि भारत में सत्तर प्रतिशत परिवार गरीब वर्ग में है जो ज्यादातर क़र्ज़ में डूबे है और जिनके पास संपत्ति नाम की कोई चीज़ नहीं है, जिनके ऊपर पहले से ही बेटी बेटो के भरण पोषण और उनके शादी ब्याह जैसी जिम्मेदारियां है. ये कानून केवल एक ख़ास वर्ग में सिमटी धनी महिलाओ को ध्यान में रखकर अस्तित्व में आया है. भारतीय जनता पार्टी, समाजवादी पार्टी, बहुजन समाज पार्टी जैसे राजनैतिक दलों को इसके विरोध में खड़े होकर इसके खिलाफ वोटिंग करनी चाहिए। ऐसा इसलिए कि इस कानून के पारित होने के बाद तलाक के प्रतिशत में अगले दस सालो में लभग तीस प्रतिशत तक की बढ़ोत्तरी हो सकती है.

प्रस्तावित हिन्दू विवाह संशोधन को सम्पूर्णता में देखे जाने की जरूरत है जैसे कि संयुक्त रूप से बच्चो का भरण पोषण, बच्चों की जिम्मेदारियों के वहन से सम्बंधित कानून की रौशनी में. सिर्फ मासिक भत्ते के निर्धारण में सक्रियता दिखाना उचित नहीं। क्या पति ताउम्र भत्ता गुज़ारा देता रहेगा संपत्ति बंटवारे के बाद भी जिसका हिस्सा खुद की संपत्ति और विरासत में मिली संपत्ति से मिलकर बनता है? ये कुछ अति महत्त्वपूर्ण बिंदु है जिनको संज्ञान में लेना आवश्यक है और इन्हें उनके बीच चर्चा में शामिल करना है जो इन कानूनों से प्रभावित हो रहे है. अव्यवस्थित रूप से निर्धारित बिन्दुओ को कानून बना के पास करना बेहद गलत है.

 सेव इंडिया फॅमिली फाउंडेशन (SIFF) का सरकार को निम्नलिखित सुझाव:

 

सरकार इस कानून को तुरंत वापस लें और मौजूदा संसदीय अधिवेशन में इसे ना पेश करे. सरकार इस कानून की भाषा में परिवतन करे और इस लिंग आधारित भेदों से ऊपर करे जिसमे पति (husband) और पत्नी (wife) को ” जीवनसाथी” ( spouse) और स्त्री (man) और पुरुष (woman) को ” व्यक्ति” (person) में परिवर्तित किया जाए. इसके साथ ही किसी भी जीवनसाथी को तलाक़ अर्जी का विरोध करने की छूट हो कानून की समानता के रौशनी में. सरकार इस बात का भी निर्धारण करे कि अर्जित संपत्ति के निर्माण में पत्नी का क्या सहयोग रहा है या पति के परिवार के भौतिक सम्पदा के विस्तार में क्या योगदान है. इसको निर्धारित करने का सूत्र विकसित किया जाए. इसके निर्धारण में शादी के अवधि को ध्यान में रखा जाए, बच्चो की संख्या का ध्यान रखा जाए, और क्या स्त्री कामकाजी है या घरेलु. अगर स्त्री तीन बच्चो की माता है, वृद्ध सदस्यों की देखरेख का जिम्मा ले रखा है, तो उसका योगदान अधिक है बजाय उस स्त्री के जो कामकाजी है और जिसके कोई बच्चे नहीं है एक साल की अवधि में.

इस सूत्र के मुताबिक ही किसी व्यवस्था को संचालित किया जाए जीवनसाथी को मासिक भरण पोषण के सन्दर्भ में, मुआवज़े के सन्दर्भ में या या किसी और समझौते के सन्दर्भ में. न्यायधीश महोदय इस सूत्र की रौशनी में अपने विवेक का इस्तेमाल कर उचित फैसले लें. लिहाज़ा इस सूत्र के अंतर्गत अगर स्त्री के सहयोग का अनुपात पति या उसके परिवार के संपत्ति के अर्जन में पूरी संपत्ति के मूल्य से अधिक है तो उसे पूरी संपत्ति पर हक दिया जा सकता है. अगर पत्नी इसको लेने से इनकार कर सकती है तो वो मासिक गुज़ारे भत्ते वाले विकल्प को अपना सकती है. कहने का तात्पर्य ये है कि संपत्ति में हिस्सेदारी के बाद उसका मासिक गुज़ारे भत्ते को लेते रहने का अधिकार ख़त्म हो जाता है. दोनों विकल्पों का लाभ लेने का हक जीवनसाथी को नहीं मिलना चहिये. सरकार को इस सूत्र को अस्तित्व में लाने के लिए एक कमेटी या योजना आयोग का गठन करना चाहिए.

सरकार को सयुंक्त भरण पोषण का अधिकार बच्चे के बायोलॉजिकल अभिभावक द्वारा और बच्चे के ग्रैंड पेरेंट्स से स्थायी संपर्क को अनिवार्य कर दिया जाए, जब तक कि कोर्ट इसके विपरीत राय ना रखती हो. इसके अनुपालन के अभाव को आपराधिक जुर्म के श्रेणी में रखाजाए। अगर कोई अभिभावक इस सयुंक्त भरण पोषण के जिम्मेदारी से मुंह मोड़ रहा है या ग्रैंड पेरेंट्स से संपर्क में बाधा डाल रहा है तो इसको अपराध माना जाए.

सरकार ये सुनिश्चित करे कि न्यायालय को अपने विवेक के अधिकार का इस्तेमाल करने की सीमित आज़ादी हो संपत्ति बटवारे के निर्धारण में, मासिक गुज़ारे भत्ते के सन्दर्भ में और बच्चे के पालन पोषण सम्बन्धी मामलो में. बहुत ज्यादा अधिकार न्यायालय को देने का मतलब ये होगा कि कोर्ट का अवांछित हस्तक्षेप मामले को और जटिल बना देगा या कोर्ट का गैर जिम्मेदाराना रूख स्थिति को और विकृत कर देगा। अधिकतर पुरुष फॅमिली कोर्ट पे भरोसा नहीं करते, क्योकि इस तरह की कोर्टपुरुषो के अधिकार के प्रति असंवेदनशील रही है. न्यायालय वर्षो लगा देती है पति को अपने बच्चो से मिलने का फैसला देने में और तब तक बच्चे की स्मृति पिता के सन्दर्भ में धूमिल पड़ जाती है.

सरकार ये सुनिश्चित करे कि महिला पैतृक संपत्ति और वहा अर्जित संपत्ति में जो हिस्सेदारी बनती हो उसे अधिग्रहित करे. उसे अपने कब्जे में लें. सरकार को हिन्दू विवाह अधिनियम में संशोधन करके महिला को अपने पिता के घर में रहने का स्थान सुनिश्चित करे , ताकि कम अवधि वाली शादी में अलगाव की सूरत में उसे रहने की जगह उपलब्ध हो. अगर माता पिता इस सूरत में उसे पति के घर जाने के लिये विवश करते है तो इसे अपराध की श्रेणी में रखा जाए. इसी प्रकार अगर महिला के माता पिता या महिला के भाई उसे पैतृक संपत्ति/ अर्जित संपत्ति में हिस्सा देने से इनकार करते है तो इसे असंज्ञेय प्रकार का अपराध माना जाए.

 

http://www.theindiapost.com/hindi-news/article/kagar-proposed-divorce-law-husbands-property-fleeced?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+theindiapost%2FwkLb+%28The+India+Post%29 

Divorce cases double in AP

A woman activist who fights for men’s rights!

 A woman activist who fights for men’s rights!

She is an activist with a difference.
Dr Indu Subhash of Lucknow took Bareilly by storm on Sunday as she rooted for the rights of men in the country and advocated formation of a National Men’s Commission.
Her fight against “gender-biased laws” drew massive response from the people here, including women, who volunteered to take up the cause at their level.
“All laws are gender-biased and spoiling the lives of men. There are a number of men who commit suicide as laws, which should ideally be building families, are becoming the reason for their breakdown,” said Subhash, a Ph D in women’s studies, addressing a gathering held at Novelty Crossing.
“All laws are meant for protection of women, who are misusing them to harass men. For example, in the case of separation due to ‘irretrievable breakdown of marriage’, women are entitled to get half the share in her husband’s parental property. Is this right?” she asked.
Similar is the story with anti-rape law that, according to Subhash, gives immense power to women to misuse it like the domestic violence and dowry act. “And police are acting as a major tool in the misuse of the law,” she added.
Subhash urged the youths here to fight against the introduction of this bill, which is in the process of becoming a law.
Subhash, currently serving as a principal in a college in Sultanpur, started her fight in 2007 when her brother became a victim of one such law.
“My sister-in-law lost her mental stability after the death of her son and committed suicide. But, my brotherin-laws blamed our family for the murder and lodged an FIR under the dowry act. My whole family was tortured and put behind bars for nothing,” recalled Subhash.

The forgotten women: MiLs take on DiLs

The forgotten women: MiLs take on DiLs

She does not seem to like Ekta Kapoor. And she is fighting a tough and rare battle which many people frown upon. She is that part of the society which has been branded as the ‘accepted vamps’. She is Neena Dhulia, a mother, but unfortunately, she is also a mother-in-law. Today, she is in a convoluted battle for the deserved rights of the ‘forgotten women of India’ - the mother-in-laws (MiL).
Up against a society which has often termed MiLs as the demon and daughter-in-law (DiL) as the sati savitri, the laconic Neena has support from over 3000 other MiLs who have been harassed by their DiLs. Having founded the All India Mother-in-Law Protection Forum (AIMPF) in 2009 in Bangalore, she is on a dragooned mission, expressing her remorse, hoping that it will explode silently and effectually redound in the society.
“From seven members, today we have around 3000 members and all are mother-in-laws harassed by daughter-in-laws. We used to visit the The Save Indian Family Foundation (SIFF) which is a men’s rights organisation, every Sunday at Cubbon Park. It was here that mothers of harassed husbands started meeting and then one fine day, we decided to have a forum for ourselves so that our grievances are also heard,” said the 60-year-old Neena.
Fighting for justice, and more so, fighting to clear her name as the plotting and villainous MiL, she also has the strong support of her son, Virag who is an active member of the SIFF. Her trouble began when he married. Within two months, his wife left home because she did not want to stay with his parents. Thus, began the journey of the percipient mother and son to fight for justice, a fight for which they have been innocently pushed towards.
And the anger that has been building within her is evident when she speaks. “Today there are 15 laws for daughter-in-laws but none for mother-in-laws or sister-in-laws. These 15 laws are being grossly misused. We contacted the National Commission for Women and have written numerous letters, but they have vehemently refused to address our problems. We are not in their mandate,” said Neena.
According to her, the society, the print and electronic media have constantly been portraying mother-in-laws as monsters and vamps. “All the years, we care for our child and as soon as marriage happens, we become the demon. No mother would want to ruin her son’s life. It is false propaganda which is breaking up families. Today it is so easy for a daughter-in-law to go to a police station and file a complaint. It is like ordering a pizza. In many cases, it is just extortion,” she states.
Neena lambasts the government because she says that while today, the government has made laws like the 498 A and the Domestic Violence Act wherein a daughter-in-law can file a complaint but not a mother-in-law.
But her fight is long and she is hopeful. “I am sure the change will happen. Today, at least the mindset has changed. Earlier people were not even accepting that false cases were being registered,” she adds.

 

 

http://newindianexpress.com/cities/bangalore/article1508482.ece 

'Dead' wife calls, says she was with lover in Coimbatore hotel

'Dead' wife calls, says she was with lover in Coimbatore hotel

CHENNAI: This was no call from the afterworld. But 28-year-old Ganga Devi will have a lot of explaining to do when she returns home.

The homemaker, who went missing from the city on July 13 and was believed to be dead, after the Kaveripakkam police in Vellore district found a highly decomposed body of a woman dumped in a sack last Wednesday, called relatives on Saturday night to inform them that she was alive.

The missing woman's husband Saravanan, a software engineer from Thiruvanmiyur, and his family misidentified the victim as his wife, Ganga Devi, who went missing on July 13.

Ganga Devi was with her lover in a hotel in Coimbatore when she read reports that she had been murdered. Her family was making arrangements to claim the body from the police.

Police said Saravanan was not convinced that the woman in the sack was his wife but concluded that it could be her after relatives said she appeared to look like Ganga Devi. The woman in the sack was naked and was wearing only a chain with a pendant and a wristband when police found the body.

"The body was too decomposed to make a conclusive identification and we decided to run DNA tests to determine if she really was Saravanan's wife," said an investigating officer.

Police said Ganga Devi telephoned her brother Sugumaran to inform him that she was alive. She said she was afraid to return home because her family knew that she had been with her lover Karthik, a neighbour of Ganga Devi's parents in Tirunindravur. "Since the family members were demanding her body, she decided to inform them that she was alive," the officer said.

'Missing' woman to arrive in city today

After reports that Ganga Devi was dead, her return has surprised many. "The woman and her lover ran out of money in Coimbatore," he said. "Ganga Devi said she would return with money that Karthik earned doing odd jobs during their five-day stay in Coimbatore."

She was to board a train from Coimbatore on Sunday and arrive in the city on Monday. The Kaveripakkam police will now have to go back to their case files and restart the probe to identify the woman who was killed and assumed to be Ganga Devi.

Talking about the probe after the woman's body was found, an investigating officer said that Saravanan was not convinced that the woman in the sack was his wife. But he concluded that it could be Ganga Devi after relatives said she appeared to look like her.

The body was highly decomposed and police could not identify the victim, Kaveripakkam inspector M Somasundaram said. "She appeared to have been killed at least four days before her body was discovered," he said. "Her body was swollen. We could find no trace of external injuries. " http://timesofindia.indiatimes.com/city/coimbatore/Dead-wife-calls-says-she-was-with-lover-in-Coimbatore-hotel/articleshow/21231973.cms 

2 Harrased Husbands, Mens Rights, Save Indian Family Foundation

प्राइम टाइम : पति की पैतृक संपत्ति में पत्नी का हक कितना जायज?

प्राइम टाइम : पति की पैतृक संपत्ति में पत्नी का हक कितना जायज?

Doctor arrested after nurse alleges rape over two years

Doctor arrested after nurse alleges rape over two years

NASHIK: A 28-year-old doctor was arrested here on Wednesday for allegedly raping a 20-year-old nurse for over two years on the promise of marrying her.

In her complaint to the Bhadrakali police, the nurse said she was employed in a hospital from 2011 where the doctor also worked. She alleged that the doctor forced her into a physical relationship with him from 2011 to 2013 by holding out the promise of marriage.

The woman said that when she got pregnant, the doctor forced her to abort the fetus on May 25 this year. After that, he allegedly told her that he could not marry her. The woman also alleged that the doctor made insulting remarks about her belonging to the tribal community. The doctor was arrested under section 376 of the IPC (rape). He was produced in court on Thursday and sent to police custody till July 22. http://timesofindia.indiatimes.com/city/nashik/Doctor-arrested-after-nurse-alleges-rape-over-two-years/articleshow/21152808.cms?intenttarget=no 

Husband will leak 'inappropriate' videos, says Yukta Mookhey

Husband will leak 'inappropriate' videos, says Yukta Mookhey

The Yukta Mookhey-Prince Tuli spat gets uglier by the minute. On Friday, Mookhey's lawyer told the court that Tuli has some "inappropriate" videos of the former beauty queen, which need to be seized, as he was threatening to leak them. Advocate Taubon Irani was opposing the anticipatory bail application filed by Tuli's lawyers, Avinash Gupta and Filji Frederick.

Tuli applied for anticipatory bail after Mookhey filed a case against him and her in-laws at Amboli police station under sections 498 A (cruelty), 406 (criminal breach of trust) and 377 (unnatural sex) on July 3.

In the bail application, Tuli's lawyers have contested that the case was one year too late. "Right after leaving her home, she filed a domestic violence case in a family court. Then why did it take her an entire year to file an FIR? She had been living separately for a year."

The other grounds for seeking bail were that though Mookhey had accused Tuli of sodomy, there was no evidence to prove that, and that Tuli had been cooperating with the cops. They also said that Mookhey had taken all that was hers when she left.

Tuli had earlier alleged that Mookhey had left with Rs 35 lakh in cash. Her lawyer Irani, however said, "Who keeps that kind of cash at home?" Mookhey then said Tuli should be taken into custody immediately, as he had threatened to leak her video. "It can outrage a woman's modesty," she told the court.

She also alleged that though she took most of her belongings, she got only Rs 2 lakh out of the Rs 2 crore that she had brought as "stree dhan". She also referred to a special court's order, restraining Tuli from meeting his son. "He has flouted the court's order in the past. He is capable of doing it again. His psychological evaluation is pending in that court," Irani told the court.

The public prosecutor asked for Tuli's custody, saying he managed relief from the court on July 14 without anyone's knowledge and even though he has been attending the police station ever since, he needs to be taken into custody considering the gravity of the charges against him. http://timesofindia.indiatimes.com/entertainment/bollywood/news-interviews/Husband-will-leak-inappropriate-videos-says-Yukta-Mookhey/articleshow/21184712.cms 

Advantage women: Amendment to marriage law makes divorce easier

Advantage women: Amendment to marriage law makes divorce easier

New Delhi: To make marriage laws more women-friendly, the government today approved a host of recommendations made by the Group of Ministers (GoM) on divorce and inheritance in the Marriage Laws Amendment Bill.

The amendment now makes filing for divorces easier by doing away with the provision that required a couple to file a 'joint application' after the mandatory waiting period.

In the existing provision, if a couple files for divorce - even when consensual - there is a mandatory waiting period of six to 18 months. After that, the couple needs to come back to the court to sanctify the divorce.

If the couple does not move a joint application, then the divorce is not sanctified.

Now, a judge can exercise discretion in granting divorce if one of the partners does not move a second joint application for divorce with mutual consent within three years.

The other big change in the law is on inheritance. The amendment provides for sufficient compensation to a woman from her husband's ancestral property in case of divorce.

Also, in cases where the ancestral property could not be divided, the woman is now entitled to get sufficient compensation by calculating her husband's share in it. The woman's share will be determined by a court of law.

The compensation can be worked out by the court hearing the divorce case if there is confusion over the amount, the amendment says.

http://www.ndtv.com/article/india/advantage-women-amendment-to-marriage-law-makes-divorce-easier-393564 

Indian marrid man suicide

False allegations against hubby also amount to cruelty

Law Misuse

Eight booked for senior citizen's suicide

Eight booked for senior citizen's suicide

NAGPUR: Kalamna police have booked daughter-in-law SheetalMalviya, her parents and five others of her family for allegedly abetting the suicide of 67-year-old GajendraMalviya, who died after consuming poison on June 1, 2013.

Before Malviya's suicide, Sheetal had accused him of outraging her modesty. He had been booked for molestation by Kalamna police on May 2 and had been released on interim bail when he consumed poison at his Dipti Signal residence.

Malviya had blamed Sheetal and her family for his suicide. Malviya had written in his suicide note that Sheetal and her family would harass him to give money, otherwise they threatened to implicate his son in harassment charges.

Besides Sheetal, five people from the Kadhi family (Bhavana, Amit, Chandrakant, Kishore and Jaswant) and two others (Vijay and Harshal Kukriya) were booked by the cops.
 

http://timesofindia.indiatimes.com/city/nagpur/Eight-booked-for-senior-citizens-suicide/articleshow/21153281.cms 

Roll back anti-men divorce law

Roll back anti-men divorce law

New bill gives woman share in ex-husband’s inherited property

New bill gives woman share in ex-husband’s inherited property

NEW DELHI: A wife will have a share in her husband's inherited or inheritable marital property on divorce, though the exact quantum of the compensation has been left to the discretion of the judge, according to a legislation that was cleared by the Union Cabinet on Wednesday.
The Cabinet also cleared the proposal that in cases where divorce has been sought on mutual consent of both parties the judiciary has been given the discretion to grant divorce to one party after a period of three years, even if the man and the wife are no longer on the same page. These were part of the recommendations of the GoM on Marriage Laws Amendment Bill which will now be amended suitably before being brought to Parliament during the monsoon session, beginning August 5.

 http://articles.timesofindia.indiatimes.com/2013-07-17/india/40634500_1_mutual-consent-marital-property-divorce-case

Women can misuse laws

Women can misuse laws

Daughter-in-law withdraws dowry case against Shankar Rao

Daughter-in-law withdraws dowry case against Shankar Rao

Hyderabad: Vamsi Priya, daughter-in-law of former minister Dr P. Shankar Rao, on Wednesday withdrew the dowry harassment cases that she filed against her husband and in-laws.
Vamsi Priya also filed a petition in the Andhra Pradesh High Court stating that she was withdrawing the cases.
It may be mentioned that the Cantonment MLA was arrested by the Central Crime Station officials of City Police in connection with the same dowry harassment case filed against him. Later, he was shifted to a hospital after he fell ill where he is still undergoing treatment.
 

http://www.deccanchronicle.com/130717/news-politics/article/daughter-law-withdraws-dowry-case-against-shankar-rao 

Know your Speedy divorce.. IrBM

Know your Speedy divorce.. IrBM

Husband arrested for sexually starving wife for dowry

Husband arrested for sexually starving wife for dowry

The all women police here have arrested a man for sexually starving (refusing to cohabit) his wife even a year after their marriage, demanding that she first fulfill his demand for dowry.
Priya (22) who was unable to bear the mental agony of her husband Ramesh (23) for more than 16 months finally approached the police.
Police said she got married in March last year and her nightmare began the same day as her husband demanded immediate handing over of seven sovereigns of gold ornaments and Rs five lakh cash, saying he would not have any physical contact with her till such time.
Her parents had agreed to give 20 sovereigns of gold to Ramesh, who works in a goldsmith outlet, but could give only 13 sovereigns on day of the marriage, they said.
Based on the complaint, Ramesh was arrested and a hunt is on for his parents who were part of the torture, police said.

http://www.indianexpress.com/news/husband-arrested-for-sexually-starving-wife-for-dowry/1143641/ 

प्राइम टाइम : पति की पैतृक संपत्ति में पत्नी का हक कितना जायज?

प्राइम टाइम : पति की पैतृक संपत्ति में पत्नी का हक कितना जायज?

नए विवाह क़ानून से होंगी राहें आसान?

नए विवाह क़ानून से होंगी राहें आसान?

विवाह क़ानून (संशोधन) विधेयक पर क्लिक करें मंत्रियों के समूह (जीओएम) की सिफारिशों को क्लिक करें कैबिनेट की मंज़ूरी मिल गई है, जिसमें तलाक होने पर पति की पैतृक संपत्ति में महिला को पर्याप्त मुआवजे का प्रावधान शामिल है.
हालांकि इन सिफारिशों को अभी संसद की मंज़ूरी नहीं मिली है, लेकिन इसके नफ़ा-नुकसान को लेकर महिलावादी संगठनों और पुरुषवादी संगठनों के बीच तकरार शुरू हो गई है.

संबंधित समाचार

• तलाक प्रक्रिया होगी आसान, पत्नी को जायदाद में हिस्सा
• तलाक़...मगर प्यार से !
• राष्ट्रपति पुतिन के तलाक पर लोगों को भरोसा नहीं

टॉपिक

• भारत

महिलावादी संगठनों के मुताबिक एक अच्छा विधेयक है लेकिन महिलाओं को उनका हक़ दिलाने के लिए इस क़ानून की भाषा में और स्पष्टता की ज़रुरत है.
दूसरी ओर पुरूषों के संगठन की दलील है कि “अगर लड़की के घर वाले उसे अपनी संपत्ति में हिस्सा नहीं देते हैं, तो इसके लिए हम उस पति को क्यों सज़ा दे. शादी करना क्या एक आदमी के लिए जुर्म है.”
लेकिन इस बहस से पहले आइए इस विधेयक के मुख्य प्रावधानों को समझ लें, उसके बाद हम पक्ष और विपक्ष की दलीलों को सामने रखेंगे.

पैतृक संपत्ति में हिस्सेदारी

इस कानून को महिला सशक्तिकरण की दिशा में अहम कदम माना जा रहा है.

क्लिक करें विवाह क़ानून (संशोधन) विधेयक में प्रावधान है कि पति को मिली पैतृक संपत्ति या उसके द्वारा खुद अर्जित संपत्ति में पत्नी की हिस्सेदारी होगी.
कैबिनेट ने इस बात को भी मंज़ूरी दी है कि अगर आपसी सहमति से क्लिक करें तलाक के लिए पति या पत्नी में से कोई एक पक्ष दोबारा संयुक्त आवेदन दायर नहीं करता है तो अदालत तीन साल के बाद तलाक देने के लिए अपने विवेकाधिकार का इस्तेमाल कर सकती है.
मंत्री समूह की सिफारिशों को स्वीकार करते हुए कैबिनेट ने फैसला किया है कि तलाक की स्थिति में पत्नी और बच्चों को पति की अचल संपत्ति में हिस्सा मिलेगा.
पर यह हिस्सा कितना होगा, इसका फैसला अदालत पर छोड़ा गया है.
पति की पैतृक संपत्ति से भी पत्नी और बच्चों को हर्जाना दिया जाएगा. इसके लिए एक नई धारा 13 (एफ) को जोड़ा गया है.

राह नहीं आसान

कैबिनेट की मंजूरी मिल जाने के बावजूद इस विधेयक की राह आसान नहीं है.
सरकार 2010 में इस विधेयक को राज्य सभा में पेश करने के साथ ही इस पर सहमति बनाने के लिए जूझ रही है.
यह चौथी बार है जब कैबिनेट ने इस विधेयक को पारित किया है.
इसके पहले इस साल अप्रैल में कुछ प्रावधानों पर कैबिनेट में गहरे मतभेद उभरे थे.
इसके बाद आम सहमति बनाने के मकसद से प्रधानमंत्री मनमोहन सिंह ने रक्षा मंत्री एके एंटनी की अगुआई में मंत्री समूह यानी जीओएम का गठन किया था.

पक्ष की दलील

तलाक की स्थिति में अक्सर महिलाओं को बेहद मुश्किल हालात का सामना करना पड़ता है.

आल इंडिया प्रोग्रेसिव वुमन्स एसोसिएशन (एआईपीडब्ल्यूए) की सचिव कविता कृष्णन ने बीबीसी संवाददाता रूपा झा को बताया कि यह एक अच्छा विधेयक है लेकिन महिला को उसका हक़ दिलाने के लिए इस क़ानून की भाषा में और स्पष्टता की ज़रुरत है.
उन्होंने कहा कि “इस विधेयक में यह देखना होगा कि किन परिस्थितियों में कौन सी प्रॉपर्टी को बंटवारे के लायक माना जाएगा. यदि इसमें स्पष्टता होगी तभी महिलाओं को तलाक के समय कुछ मिल पाएगा.”
उनका कहना था कि इसको लेकर जो हौव्वा बनाया जा रहा है कि महिलाएं पुरुष की प्रापर्टी को चुरा रही हैं, असल सवाल यह है ही नहीं. असल सवाल तो यह है कि सरकार इसी विधेयक में तलाक को ज्यादा आसान बनाने के लिए कदम उठा रही है. यानी अगर कोई चाहे तो एकतरफा तलाक भी मिल सकता है.”
कविता कृष्णन अपनी बात को बढ़ाते हुए कहतीं हैं कि “अपने देश में ज्यादातर महिलाएँ पुरूषों पर आश्रित होती हैं, ऐसे में अगर पुरुष तलाक ले लेता है तो महिला के पास कुछ नहीं बचता है. इस संदर्भ में हर्जाने पर चर्चा की जा रही है.”
उन्होंने कहा कि इस विधेयक में यह प्रावधान भी किया गया है संपत्ति में हिस्सा जज के विवेकाधिकार से तय होगा. इसलिए ऐसा नहीं है कि महिलाओं को एकतरफा अधिकार दिए जा रहे हैं.
उन्होंने बताया, “पति और पत्नी दोनों की स्थिति को देखते हुए महिला को केवल उसकी ज़रूरत का हिस्सा मिलेगा.”

विपक्ष की दलील

विपक्ष की दलील है कि इस विधेयक को लागू करने के बाद लोग शादी ही नहीं करेंगे.

दूसरी ओर पुरुष अधिकारों के लिए काम करने वाली संस्था कॉन्फिडेयर के विराग धूलिया इस विधेयक को सरासर गलत बताते हैं.
उनके मुताबिक “इस क़ानून में सरकार खुलकर कुछ बता नहीं रही है कि किस तरह के प्रावधान है, कैसे उन्हें लागू किया जाएगा, प्रॉपर्टी का कैसे बंटवारा किया जाएगा.
वह कहते हैं, "लड़की के घर वाले उसे अपनी प्रॉपर्टी में हिस्सा नहीं देते हैं तो इसके लिए हम पति को क्यों सज़ा दे. शादी करना क्या एक आदमी के लिए जुर्म है.”
उन्होंने कहा कि शादी एक महीने की है या 20 साल की, इसमें कोई अंतर नहीं किया गया है. आप शादी करो और एक महीने में आधी प्रापर्टी लेकर चले जाओ.
वह बताते हैं कि “इससे ग़रीब औरत को कोई फ़ायदा नहीं होगा क्योंकि ग़रीब औरत का पति भी तो ग़रीब ही होगा, तो क्या वो अपना आधा ऑटो रिक्शा बाँटेगा?”
विरार धूलिया के मुताबिक विधेयक में इस बात का कोई ज़िक्र नहीं किया गया है कि पत्नी के पास जो संपत्ति है उसका क्या होगा.
वह यह दलील भी देते हैं कि जिस भी देश में प्रापर्टी में हिस्सेदारी का क़ानून आया है वहाँ शादी की दर कम हो गई है. लोगों ने शादी करनी बंद कर दी है. ऐसे में भारत के सामाजिक ताने-बाने पर इस क़ानून का बुरा असर होगा.
http://www.bbc.co.uk/hindi/india/2013/07/130719_marriage_law_ap.shtml 

Study finds divorced women’s trauma in securing alimony

Study finds divorced women’s trauma in securing alimony

NEW DELHI: While the Cabinet's decision on Wednesday may appear tipped in favour of women, a recent study shows that seeking maintenance through courts is fraught with delays and requires deep pockets. The countrywide study shows that in nearly 50% cases women did not seek maintenance from their husbands either because they lacked resources (41.5% women had no income after separation while 27% earned less than Rs 2,000 per month) or were unaware.

The government has set the ball rolling for bringing in an amendment to the marriage legislation that will give a woman right to the inherited or inheritable marital property. The compensation amount will be decided by the courts. Divorced or separated women in India have to depend on maintenance since there are no laws for sharing of marital property. The proposed law seeks to correct that but activists feel it does this only half-heartedly.

A survey — based on 405 divorced and separated women across the country — says that getting justice from courts has always been a gamble for women. The survey is part of the book "Separated and Divorced Women in India: Economic Rights and Entitlements in India'' authored by senior lawyer and AIDWA legal convener Kirti Singh. Women's rights activists have been consistently demanding a comprehensive legislation that would provide a women equitable share to marital property.

The survey found that vast majority (almost 60%) were living in marital homes acquired by in-laws and a large number (71%) were forced to live with their families post separation. After the separation 41.5% had no income and 27.4% earned less than Rs 2,000 per month. Although 58.5% surveyed were able to work outside their home, their earnings were too low for them to survive independently.

"In India there is absence of laws for division of marital property, when a separation or divorce takes place, the male spouse usually walks away with all moveable and immoveable assets of the household. The government's decision is just throwing women at the court's discretion and we have found that courts have been conservative in their decisions,'' Singh said.

Of the total, 47.4% (almost half) did not ask for maintenance after divorce. The reasons range from not knowing that they are entitled to ask for maintenance, to not having money to approach the courts or wishing not to be dependent on the spouse. As many as 48.8% of these maintenance cases are pending; in 41.8% of the case smaintenace had been allowed and in 9.4% of the cases their applications were dismissed. In 89 cases where maintenance was allowed, only 12 women reported receiving a satisfactory amount.

Of the 60 women who answered the question on the quantum of maintenance awarded to them, those with no income at all received merely 13% of the salary on an average for financial support. So not only were women given short shrift, they were also forced to wait for a long time before they received the paltry amount. Only in 35.6% of the cases filed in court, was maintenance granted within a year. The rest took anywhere between one and five years.http://timesofindia.indiatimes.com/india/Study-finds-divorced-womens-trauma-in-securing-alimony/articleshow/21155954.cms 

IrBM Are new divorce laws anti-men?

Saavdhan India

Saavdhan India

Government likely to discuss GoM's recommendations on marriage laws

Government likely to discuss GoM's recommendations on marriage laws


The government is likely to consider on Wednesday the recommendations of a Group of Ministers (GoM) to make marriage laws more women friendly. One of the key issues the GoM was asked to decide was whether a court can work out "sufficient compensation" for a woman from her husband's ancestral property in case of divorce which takes place on the grounds of "irretrievable breakdown of marriage".
The GoM, set up recently to decide on the Marriage Laws (Amendment) Bill, was also asked to decide on whether a judge can exercise discretion in granting divorce if one of the partners does not move a second 'joint application' for divorce with mutual consent. But there is a view contrary to the proposal within the government. Sources said there is a view that by allowing courts the discretion to allow divorce would fail the very purpose of seeking it on the grounds of mutual consent.
They said if one of the parties refuses to move a joint application, then the other should be allowed to file for a divorce on other grounds than mutual consent. While the bill has a provision for share in a husband's self-acquired property, a new clause - 13 f - was discussed by the GoM headed by Defence Minister AK Antony. It says if the ancestral property cannot be divided, then the woman should get sufficient compensation by calculating husband's share in it. The amount of the compensation can be worked out by the court hearing the divorce case.

http://ibnlive.in.com/news/government-likely-to-discuss-goms-recommendations-on-marriage-laws/407171-3.html

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

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

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

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 

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.
 

 http://timesofindia.indiatimes.com/city/ranchi/Ex-army-man-seeks-amendments-to-dowry-act/articleshow/21065017.cms

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