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Friday, 19 July 2013

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.
 


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?

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.
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

Wednesday, 17 July 2013

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

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