Thursday, November 21, 2013

Court clears youth of rape, calls him saviour. Girl's Parents were trying to sell daughter !! Youth married girl after the 'elopment'

Court clears youth of rape, calls him saviour. Girl's Parents were trying to sell daughter for 1.5 lakhs !! Youth married girl after the 'elopement' 

"...Here, the accused rather acted as a saviour preventing the girl from the possibility of her being dragged to prostitution or immoral or illegal purposes," additional sessions judge Dharmesh Sharma said......"


***



Court clears youth of rape, calls him saviour

TNN | Nov 22, 2013, 03.15 AM IST


NEW DELHI: Acquitting a youth of raping and kidnapping a minor whom he married, a trial court has said that the accused rather acted as a saviour and married the teenager and prevented her from being dragged into prostitution or any immoral activity by her parents.

The court said that under the Protection of Children from Sexual Offences (POCSO) Act, maintaining physical relations with a child is an offence provided it is in the nature of an "assault" but here the 17-and-a-half-year-old girl had voluntarily gone with him and there was no fear or undue influence over her.

Referring to the girl's statement, the court noted that the girl had eloped and married the youth on her own as they were in love and her parents wanted to sell her to someone for Rs 1.5 lakh. The court said the fact that the youth has married the girl absolves him of the charge for committing penetrative sexual assault under the POCSO Act.

"It must be stated that in case of critical age between 16 years to 18 years, section 4 (penetrative sexual assault) of the POCSO Act has to be interpreted distinguishing between an act which is per se criminal for being in the nature of coercion, fear, inducement or exploitation committed upon a child from an act which would otherwise criminalize a person for having done something which is without any malice, ill will or ulterior motives. Here, the accused rather acted as a saviour preventing the girl from the possibility of her being dragged to prostitution or immoral or illegal purposes," additional sessions judge Dharmesh Sharma said.

The girl had told the court that she married the youth in a temple and thereafter they maintained physical relations. According to the prosecution, a complaint was lodged by the girl's parents at R K Puram Police Station in May this year that she has been kidnapped with an intention to marry her or force her for sexual intercourse. The girl was found after two days and the youth was arrested.

During the trial, the girl was kept in a women's reform home after she refused to go with her parents. After decision of the case, the court directed reform home, Nirmal Chhaya, to release the girl so that she can join her husband. While acquitting the youth of kidnapping charge, the judge said the girl was at the verge of majority when she decided to leave her parents and went away with the accused on her own and he cannot be said to have done an act of kidnapping the minor with a view to commit sexual assault.


source







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Tuesday, November 19, 2013

Senior judges and senior lawyers allegedly SEXUALLY HARASSING women !!! what is the punishment for them ?? is it the same as for common men ? 30 years + castration ??

Senior judges and senior lawyers allegedly SEXUALLY HARASSING women !!! what is the punishment for them ?? is it the same as for common men ? 30 years + castration ?? or will it be just inquiry and commissions and no results after 20 years ?? 

***


Lawyer says senior advocate harassed her, sent sexually explicit mails


New Delhi: A woman lawyer has alleged that she was sexually harassed by a senior advocate. The woman said that the advances from the man who is old enough to be her father were obsessive and sexual.

She alleged that the senior advocate would call her at inappropriate times and sent her sexually explicit emails and messages.

She said, "I was divided against taking action when I was harassed. A lot of people would not have considered this as harassment."

The lawyer said, "I did not complain and nor do I intend to as I thought it would affect my profession. I have written the blog to bring up the larger issue."

The lawyer also said that such incidents are common in litigation fraternity.

She made this disclosure on the same blog where two law interns had alleged sexual harassment by a retired Supreme Court judge.

Last week, two interns alleged that they were sexually harassed by a retired Supreme Court judge. The apex court had formed a three-member panel to probe the allegations.

Earlier, a woman lawyer had written a blog in which she charged a former Supreme Court judge of sexually harassing her, while she interned with him in 2012. The woman lawyer who completed her law degree from National University of Jurdicial Sciences, Kolkata wrote is her blog, "In Delhi at that time, interning during the winter vacations of my final year in the University, I dodged police barricades and fatigue to go to the assistance of a highly reputed, recently retired Supreme Court judge whom I was working under during my penultimate semester. For my supposed diligence, I was rewarded with sexual assault (not physically injurious, but nevertheless violating) from a man old enough to be my grandfather."

She had also claimed that at least three other girls have also faced harassment by the same judge. The girl said that she had refrained from disclosing the details initially due to the high position that the judge held.


source

http://ibnlive.in.com/news/lawyer-says-senior-advocate-harassed-her-sent-sexually-explicit-mails/434939-3.html







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Monday, November 18, 2013

use this website to track FIRs / crimes recorded in MUMBAI .. please report IF NOT working


use this website to track FIRs / crimes recorded in MUMBAI .. please report IF NOT working


While searching on google I stumbled upon this link of maharashtra police

It says you can find the crimes registered by maharashtra police
Readers are requested to use this link and other related links in the maharashtra police website and share your experiences

Also please revert with better solutions IF you know one



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Sunday, November 17, 2013

I am fighting not to win anything, because my fight is beyond wins/losses; it is about being answerable to your own soul: forwarding a post from a husband !!!

"...... I am fighting not to win anything, because my fight is beyond wins/losses; it is about being answerable to your own soul, that you have the testicle fortitude to fight against injustice, and being answerable to the Almighty that at the end of my life, I can see him eye to eye and say I made the best use of what you gave me against the worst that your world had to offer me. ......."

>>>>>>>>>>>>>>>>>>>>>

Dear Comrades,

This mailer is only for fighters, others please do not waste your precious time.

Appeared in WheelChair as P-I-P in SC recently. OP is a mindless girl whose fitness for marriage remains untested. Marriage lasted for 2 months and she fled the very day when I was to get her medically examined. She files 498A, DV and Maint cases against me and family at Delhi when I refuse to pay a penny to her at CAW stage, informs my company of criminal charges pending against me, gets me dismissed from job, buys IO and uses her as a pawn in brokering monetary settlement to which I refuse, raids my house killing my father owing to shock, gets me arrested in her presence in violation of court order of pre-arrest notice giving me nervous shock such that I am rendered PH and on WheelChair as of today. Some time back, she stated in open court that she wants to get rid of me, get re-married, for which she will withdraw all charges against me, forego all her maint dues and forego her Streedhan worth 15 lakhs, and wants MCD in return(WOW!the biggest favour done to me in my life).

I seek compensation for torture given to me by her. She denies. Matters heard, not on merits.

My TPs on medical ground are dismissed by SC citing "convenience of parties". Probably, SC thought it is more convenient to make a critically ill, PH man to travel 1500 kms by train from Maharashtra to Delhi for trial than to make an able-bodied girl do the reverse. Court has seen her sheep like innocence, but I have seen her wolf like cheapness.

My 498A SLP is dismissed w/o going through and w/o allowing me to go through the CS. Next in line are Maint SLP that I filed citing inability to pay and SLP against Mumbai HC order quashing process and NBW against OP and IO for killing my father.

It is appalling that Court has sympathy for my wife, (who married me to stay with her parents in her never-ending honeymoon) but not for my widowed mother and futher appalling that only a mass burial caused by 498A abuse can make this legislative provision to change, the provision whose legislative loopholes give ample scope for executive to enforce it as they like and give Judiciary to pick and choose to do justice.

I am fighting not to win anything, because my fight is beyond wins/losses; it is about being answerable to your own soul, that you have the testicle fortitude to fight against injustice, and being answerable to the Almighty that at the end of my life, I can see him eye to eye and say I made the best use of what you gave me against the worst that your world had to offer me.

The Fight must go on…………..


Faisla hone se pehle mein bhala haar kyun maanu,
Jag abhi jeeta nahin hai, mein abhi haara nahin hun

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<

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Marriage in May; suicide in November '13 , dowry case tragedy .... NO ARRESTS of course ... the dead guy is a MALE !!!

Marriage in May; suicide in November '13 , dowry case tragedy .... NO ARRESTS of course ... the dead guy is a MALE !!!


**

Man shoots self after wife files dowry case

Express News Service : 

Lucknow, Sun Nov 17 2013, 04:21 hrs 

A 27-year-old man, who had a dowry harassment complaint filed against him by his wife a few days ago, shot himself with a country-made pistol outside his in-laws' house in Ghazipur police station area late Friday night.

Police Saturday have lodged a case against the wife and her parents for abetment of suicide on the complaint of deceased's father.

Police said Nitin Kumar Mishra, who owned a Panmasala shop in Indira Nagar, had married Anjali in May this year.

Sub-Inspector Chandrabhan Yadav said the couple had problems in their marital life because of Mishra's addiction to liquor. Anjali lodged a complaint with Mahila police station, alleging she was being harassed for dowry by her husband and in-laws, Yadav said.

Mishra's father claimed his son took the extreme step as he was being framed by his in-laws for dowry harassment.


source




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Dist court judge accused of demanding Rs 50-lakh bribe to sole RAPE CASE !!!! Accused says he has a video and audio recording of his conversation

Dist court judge accused of demanding Rs 50-lakh bribe  . Accused says he has a video and audio recording of his conversation .... : 

Industrialist Manjit Singh Arora, an accused in a four-year-old rape case, today filed an amended petition in the Punjab and Haryana High Court, alleging that two Panchkula residents had demanded a bribe of Rs 50 lakh from him on behalf of a district court judge for exonerating him from the case.


****

Dist court judge accused of demanding Rs 50-lakh bribe  


Tribune News Service

Chandigarh, November 16


Industrialist Manjit Singh Arora, an accused in a four-year-old rape case, today filed an amended petition in the Punjab and Haryana High Court, alleging that two Panchkula residents had demanded a bribe of Rs 50 lakh from him on behalf of a district court judge for exonerating him from the case.

The case is pending in the court of Additional District and Sessions Judge Najar Singh and slated for hearing on November 18.

The industrialist has also filed a complaint with the District and Sessions Judge for transferring the case to another court. District and Session Judge SK Aggarwal confirmed that his office had received a copy of the complaint. Najar Singh was not available for comments at his Sector 16 residence. His son, Mohit Singh, said his father did not want to comment. However, in a section of the media, the judge has been quoted saying that the complainant was levelling the allegation to escape punishment.

Addressing a press conference here today, Manjit Singh said he has also filed a complaint with the CBI.

In his petition filed in the High Court, which will come up for hearing on November 25, he demanded a stay on the proceedings of the case in Najar Singh's court, besides transferring of his case to the court of another judge.

He claimed that he had already paid Rs 25 lakh as part of the bribe money to one Dr Naresh Mittal — Rs 15 lakh on October 16 and Rs 10 lakh to his wife on October 29. He also named one Balbir Chaudhary in his petition.

In his petition Manjit Singh Arora stated that he had video and audio recording of his conversation with Dr Naresh Mittal when he gave him the money. He said the case was adjourned in the district court to October 31 and then on November 7 and further to November 12, but even then he was continuously being threatened to pay the remaining amount. Under pressure, the petitioner moved the Punjab and Haryana on November 7.

The amended petition was filed today. On November 12 during the hearing of the case in the district court, he moved an application in the court of Najar Singh to adjourn the case on the ground that his petition was pending in the High Court. The case then adjourned to November 18. 

The case

The UT police arrested Manjit Singh Arora on the charges of repeatedly raping his 14-year-old maidservant in Chandigarh and Mumbai in January 2010. In August 2010, the victim and her mother turned hostile. The final arguments of the case were fixed on August 26, 2013, in the court of Additional Session Judge RK Yadav, but he was replaced by Najar Singh before this. 


source

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Thursday, November 14, 2013

Ablaa seeks 50000 pm, after 4 mnths THIRD marriage!! WHY DID 3rd guy marry her ?? because sex is urgent need ??

Ablaa who took good moolah from two earlier husbands seeks 50000 pm, aftr JUST 4 months long THIRD marriage!! My only question is WHY DID this (3rd) guy marry her?? Are men so much behind sex ? Is it because prostitution is NOT allowed in India ? what am I missing ???



AP - Hyderabad District Court decision - Salient points 
***************************************************************

* Third marriage for abla
* first marriage divorced, second husband died (or probably killed), so ablaa starts all over again third time !!!
* ablaa is collecting all moola from second husband's PF etc for which there is proof 
* ablaa marries third guy and starts dowry complaint, Father in law mis behaved complaint, brother in law misbehaved complaint etc etc within just 4 months of marriage 
* ablaa seeks ONLY Rs 50000 per month from third guy for self and daughter who is born from second husband  !!!
* The Honorable court grants JUST 10000 per month and asks her to seek other remedy elsewhere !!!!



court order  : 

alternate short link







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Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist
  
  

Wednesday, November 13, 2013

Hope bargain, panchayat & moolah stops. FIR must in complaints about serious offences-Supreme Court


FIR must in complaints about serious offences: Supreme Court "..This order will help stamp out the chronic practice among police across the country to either refuse or delay registering FIRs with the object of keeping crime figures artificially low or, worse, favouring influential accused...."

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FIR must in complaints about serious offences: Supreme Court

Dhananjay Mahapatra, TNN | Nov 13, 2013, 02.00 AM IST

NEW DELHI: The Supreme Court on Tuesday made it mandatory for police to register a first information report on receiving a complaint about a serious offence, freeing criminal investigation from the rampant abuse of discretionary powers by the local thana in-charge.

"If discretion, option or latitude is allowed to the police in the matter of filing of FIRs, it can have serious consequences on the public order situation and can adversely affect the rights of the victims, including violation of their fundamental right to equality," said a five-judge constitution bench of Chief Justice P Sathasivam and Justices B S Chauhan, Ranjana P Desai, Ranjan Gogoi and S A Bobde.

Writing the judgment for the bench, Justice Sathasivam said, "It would be incongruous to suggest that though it is the duty of every citizen to inform about commission of an offence, but it is not obligatory on the officer-in-charge of a police station to register the report."

This order will help stamp out the chronic practice among police across the country to either refuse or delay registering FIRs with the object of keeping crime figures artificially low or, worse, favouring influential accused.

"Registration of FIR is mandatory under Section 154 of the Criminal Procedure Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such situations," the court said. The Indian Penal Code (IPC) categorizes those offences as cognizable which attract a minimum of three years imprisonment as punishment.

Apart from refusing to register FIRs on complaints by the poor and the marginal, the police develop cold feet in recording an FIR if the accused is an influential person. Refusal to register FIR in such cases would be punishable, the court warned. From now, police must register FIR and can close it if they find no evidence to substantiate the charges made in the complaint after investigation.

"The police cannot avoid their duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register an FIR if information received by them discloses a cognizable offence," the bench said.

A two-judge bench of the apex court had in 2008 ruled that registration of FIR was mandatory on complaints alleging commission of serious offences. But given the wide ramification of the issue, it was later referred to a five-judge constitution bench. The constitution bench, which agreed with the two-judge bench, said if the complaint or the information received "did not disclose a cognizable offence but indicated the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not".

"The scope of the preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence," the court said and fixed a seven-day limit for the police to complete the preliminary inquiry. If the preliminary inquiry leads to closure of the complaint, the police officer must inform the complainant about the decision and the reasons behind it, the court said while limiting the preliminary inquiry process to a select few categories of cases.

"As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The categories of cases in which preliminary inquiry may be made are—matrimonial and family disputes, commercial offences, medical negligence cases, corruption cases and those involving abnormal delay in initiating criminal prosecution, for example, an over three-month delay in reporting the matter without satisfactorily explaining the reasons for delay," the bench said.

Importantly, the court ordered the police to enter in its daily diary all information received about cognizable offences prior to registration of FIR.

"Since the general diary/station diary/daily diary is the record of all information received in a police station, we direct all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, to be mandatorily and meticulously reflected in the said diary and the decision to conduct a preliminary inquiry must also be reflected," the bench said.



source

times of india 


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Sunday, November 10, 2013

IF YOU WANT SECOND HONEYMOON, FILE FALSE DOWRY CASE ON HUSBAND AND CO !!


* The couple got married in 2003 and the wife left the husband in 2006. * In 2007, she filed a dowry case against him. * Now Karnataka HC says "......spend couple days together in a hotel in Bangalore......" !!!!! * So, if you want second honeymoon, file dowry case on husband and co .....and then go to court !! 


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Spend 2 days together: Karnataka HC to divorce seeking couple 

Bangalore: In a very interesting order, the Karnataka High Court ordered a divorce seeking couple to spend couple days together in a hotel in Bangalore. 

A divisional bench comprising Justices KL Manjunath and AV Chandrashekhar felt that communication gap between the two was leading to divorce and it could be prevented if they spend some time together. The quarrelling couple agreed to the High Court's decision and informed the judges that they will check into a city hotel. The next hearing will take place on Friday. 

The High Court also advised the lawyers to treat divorce cases on humanitarian grounds and not as a routine professional matter. 

The couple got married in 2003 and the wife left the husband in 2006. In 2007, she filed a dowry case against him. She is working as a doctor in Bangalore. 

Her husband's application seeking a divorce was dismissed by a lower court. The wife told the court that her son could not afford to miss his school. The High Court ordered the school to grant him leave to enable the parents to spend sometime together. 







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Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist
  
  

Saturday, November 9, 2013

maid dead, probably beaten to death by violent wife; MP dhananjay's wife threatened suicide, exhibited un controlled rage;


MP dhananjay's wife threatened suicide and had uncontrolled rage his DIVORCE petition claims !! his maid is dead, probably beaten to death by this violent wife !! long live ablaa naaris of India !!

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Domestic help abuse: Problems began in 2010, Jagriti's husband says

Raj Shekhar, TNN Nov 9, 2013, 01.43AM IST

NEW DELHI: 

Was Jagriti Singh's violent and abusive treatment of her domestic helps part of a long-running behavioural disorder? The divorce petition filed by her husband and Jaunpur MP, Dhananjay Singh, in June this year, says so. The petition, which TOI has seen, claims Jagriti's behavioural problems started soon after their son's birth in July 2010.

The two married on June 29, 2009 and lived together in Jaunpur, UP, where Dhananjay was an MLA. After a few months, he was elected to the Lok Sabha and they shifted to 175, South Avenue, where their son was born next July. 

"The respondent (Jagriti) underwent a sudden behavioural change after this and often screamed at and misbehaved with the petitioner (Dhananjay)... She often fights with her husband and threatens to commit suicide and implicate his family," the petition states.

Further in the document, Dhananjay alleges that Jagriti used to assault three of their servants, Santosh, Nishaad and Ram. "None of the staff is able to continue to work at the house nor is the petitioner able to live with respondent, which is why he has shifted to another flat (number 126) in the vicinity." She allegedly assaulted Dhananjay's personal assistant, Sanjay Sharma, and abused and beat up their drivers, Jitender Rathore and Rajesh Singh.

In July 2010, Dhananjay claims, his cousin, Radhika Singh, came to stay with them and help Jagriti look after their son. "She was also misbehaved with, abused and beaten up... She was eventually thrown out of the house in October 2012 by the respondent," reads the petition. In December 2011, Jagriti allegedly abused and turned Dhananjay's 80-year-old father out of their house.

Dhananjay says in the petition that he took her to a doctor in May 2012. "The doctor prescribed her medicines and asked her to continue with the medication for a year to get well." However, Jagriti allegedly tore off the prescription on reaching home and threatened to commit suicide if she was taken to the doctor again.

source


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Prostitution ring nabbed at chennai. leader woman was working in pallavaram (chennai) POLICE !! news in Tamil


Prostitution ring nabbed at chennai. The Leader woman, one Kamala, was working in pallavaram (chennai) POLICE !! "..இவர்களில் பிடிபட்ட கமலா, பல்லாவரம் போலீஸ் நிலையத்தில் ஊர்க்காவல் படையில் வேலை செய்து வருகிà®±ாà®°் என்பது விசாரணையில் தெà®°ியவந்தது...."

******************************************

சென்னை பம்மல், குà®°ோà®®்பேட்டை பகுதியில் விபசாà®°à®®் நடத்திய குà®®்பல் பிடிபட்டது

******************************************

பதிவு செய்த நாள் : Nov 08 | 07:19 pm

சென்னை

சென்னை பம்மல், குà®°ோà®®்பேட்டை பகுதியில் விபசாà®°à®®் நடத்திய குà®®்பல் பிடிபட்டது.

à®®ாà®±ுவேடத்தில் சோதனை

சென்னை புறநகர் பகுதிகளான சங்கர்நகர், பம்மல், குà®°ோà®®்பேட்டை ஆகிய பகுதிகளில் விபசாà®°à®®் நடப்பதாக போலீசாà®°ுக்கு ரகசிய தகவல் கிடைத்தது. இதையடுத்து பரங்கிமலை போலீஸ் துணை கமிஷனர் சரவணன் உத்தரவின்பேà®°ில் சிறப்பு தனிப்படையினர் பம்மல், குà®°ோà®®்பேட்டை பகுதிகளில் à®®ாà®±ு வேடத்தில் சென்à®±ு திடீà®°் சோதனை நடத்தினர்.

அப்போது à®®ாà®±ுவேடத்தில் சென்à®± போலீசாà®°், விபசாà®° குà®®்பலிடம் செல்போனில் தொடர்பு கொண்டு உல்லாசமாக இருக்க விà®°ுà®®்புவதாக தெà®°ிவித்தனர். அதற்கு பம்மல் சாஸ்தா நகரை சேà®°்ந்த கமலா(வயது 40) என்பவர் தன்னிடம் à®’à®°ு அழகி இருப்பதாக கூà®±ி à®…à®´ைத்தாà®°்.

ஊர்க்காவல் படையில் வேலை

அதன்படி போலீசாà®°் à®…à®™்கு சென்à®± போது யமுனா என்à®± à®’à®°ு பெண் மட்டுà®®் இருந்தாà®°். உடனே à®®ாà®±ுவேடத்தில் இருந்த போலீசாà®°், à®®ேலுà®®் நிà®±ைய பேà®°் வருவதாக கூà®±ினாà®°். எனவே அந்த பெண், à®…à®°ுகில் உள்ள à®®ெஸ்சுக்கு à®®ேலுà®®் சில விபசாà®° அழகிகளை வருà®®்படி à®…à®´ைத்தாà®°்.

அனைவருà®®் à®…à®™்கு வந்த உடன் à®®ாà®±ுவேடத்தில் இருந்த போலீசாà®°் அவர்களை கையுà®®் களவுà®®ாக பிடித்து சங்கர் நகர் போலீசில் ஒப்படைத்தனர். இவர்களில் பிடிபட்ட கமலா, பல்லாவரம் போலீஸ் நிலையத்தில் ஊர்க்காவல் படையில் வேலை செய்து வருகிà®±ாà®°் என்பது விசாரணையில் தெà®°ியவந்தது.

இதையடுத்து போலீசாà®°் பிடிபட்ட கமலா, விபசாரத்தில் ஈடுபட்டு வந்த யமுனா(24), à®®ேà®°ி(34), தேவி(31), மகாலட்சுà®®ி(28), சாந்தி(34), மற்à®±ொà®°ு சாந்தி(46) ஆகியோà®°ிடம் தொடர்ந்து விசாரணை நடத்தி வருகின்றனர்.

à®’à®°ுவர் கைது

இதேபோல் குà®°ோà®®்பேட்டை, à®°ாதா நகரில் எண் கணித ஜோதிடம் பாà®°்க்குà®®் இடத்தில் விபசாà®°à®®் நடப்பதாக தனிப்படை போலீசாà®°ுக்குதகவல் வந்தது. உடனே à®®ாà®±ுவேடத்தில் இருந்த போலீசாà®°் à®…à®™்கு விà®°ைந்து சென்றனர்.

அப்போது அவர்களை அழகிகளிடம் உல்லாசமாக இருக்கலாà®®் என்à®±ு கூà®±ி à®…à®´ைத்த à®…à®°ுள்ஜோசப்(66) என்பவரை கைது செய்தனர். பின்னர் à®…à®°ுள்ஜோசப் மற்à®±ுà®®் à®…à®™்கு விபசாரத்தில் ஈடுபட்ட விஜயா என்à®± பெண்ணையுà®®் சிட்லப்பாக்கம் போலீசில் ஒப்படைத்தனர்




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Friday, November 8, 2013

18yrs after dowry complaint, husband & 61-year-old Mthr-in-law jailed 2years by Delhi MAGISTRATE court


18yrs after dowry complaint, husband & 61-year-old Mthr-in-law jailed 2yrs by Delhi MAGISTRATE; SO it takes 18 years for case to go to magistrate court; then high court then supreme court !! Husband has re married in the interim !! 

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Metropolitan Magistrate Ekta Gauba denied the plea of convicts for probation noting that "harassment of women for dowry is increasing in today's scenario".

"Convict Shanti Devi being herself a woman had victimised another woman (complainant) who was her daughter-in-law and Satender Yadav being the complainant's husband was responsible to keep her happily but they victimised and harassed her for dowry...," she said.

The court held them guilty under sections 498A (husband or relative of husband of a woman subjecting her to cruelty) and 406 (criminal breach of trust) IPC for misappropriating her 'stridhan' and denied their plea for probation as it noted that "harassment of women for dowry is increasing in today's scenario".

Quoting from a recent Supreme Court judgement, the magistrate said, "in cases of crime against women, committed even by other women, at the time of sentencing deterrent punishment should be given and leniency in sentence is unwarranted."

The complainant, a resident of west Delhi, had approached the police in July 1996 against her husband Satender Yadav, who had later remarried, her mother-in-law Shanti Devi and father-in-law Nathu Ram, who died during the pendency of the case.

She told the police that she got married to Satender in December 1994 and her parents gave gifts and 'stridhan' to her but after 15 days of marriage, she was subjected to physical and mental torture for dowry and her in-laws forced her to write a letter stating that she was in love with some other man and even intended to kill her. 



source



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man files dowry (giving) case on F in law . Legal experts say NO ONE punished for dowry giving !


man files dowry (giving) case on F in law . Legal experts say NO ONE punished for dowry giving !!!

"..A former IT sales professional, Manpreet Singh Bhandari (37), who was booked under Prohibition of Dowry Act on a complaint by his wife Ashima Gupta, has now lodged a complaint against his father-in-law and other family members for giving him dowry..."

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Ex-IAF Officer faces case for GIVING dowry

By Express News Service - BANGALORE Published: 08th November 2013 08:36 AM Last Updated: 08th November 2013 08:36 AM

A former IT sales professional, Manpreet Singh Bhandari (37), who was booked under Prohibition of Dowry Act on a complaint by his wife Ashima Gupta, has now lodged a complaint against his father-in-law and other family members for giving him dowry.

RARELY USED PROVISION

Advocate Rajalaxmi Ankalagi says Section 3 of the Dowry Act can be invoked in cases like this, but the courts are usually sympathetic to the dowry giver, not to the taker.

Though there are a few clear cut judgments in the Supreme Court, judges have made observations in this regard. In one, the court notes that the greed of the dowry taker can't be equated with the helplessness of the dowry giver.

Advocate G R Mohan says no judgment has been passed to date to punish anyone for giving dowry. "A person who accepts dowry will be punished first, and at the second stage, the court might consider punishing the giver," he told Express.

'FILE MORE CASES'

Kumar Jagirdar, who heads Child Rights Initiative for Shared Parenting (CRISP), says 92 per cent of those accused in dowry cases are acquitted after trial.

"This goes to show that most are false cases. It also shows that misuse of the dowry law is rampant," he said.

Jagirdar is among those campaigning for a change in the law. "The entire family of the husband goes to jail on a mere complaint from the wife. This section of the law has to be amended," he said.

He believes more cases filed under Section 3 would instil fear among those who misuse the law.


source




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Thursday, November 7, 2013

wife & loverboy nephew strangle husband (father of two) to death; caught by alert neighbours






Wife, nephew strangle man after he objects to their affair

TNN | Nov 8, 2013, 06.04 AM IST

BANGALORE: It was a well-hatched plan. To pass off a murder as a natural death. However, it went awry, thanks to a neighbouris intervention. A woman who tried to strangle her husband to death with her lover's help landed in police net on Wednesday. The victim, D Dayanandaswamy, 55, died in hospital. 

The accused Ratnamma Dayanandaswamy, 33, and lover Chennabasava, 27, who is her husband's nephew, have been sent to judicial custody, police said. The duo allegedly strangled Dayanandaswamy at his Jalahalli residence late on Tuesday night and assumed he wasdead.However,hewasonly unconscious, police said. 

A father of two schoolgoing children, Dayanandaswamy owned an Iyengar Bakery near Jalahalli Cross. "Hailing from Arasikere, he came to Bangalore 35 years ago and worked in several hotels as a cook. In 2001, he opened the bakery and appointed Chennabasava, the younger son of his elder sister, a school dropout, as his assistant," a neighbour said. 

Chennabasava soon developed a relationship with Ratnamma. Dayanandaswamy got to know of it when he caught the duo in a compromising position. Enraged, he asked Chennabasava to leave. He moved out and started working at another bakery. 

"In the last week of September, Dayanandaswamy warned Ratnamma that he would divorce her if she didn't end the affair. On Tuesday afternoon, however, he again caught Ratnamma with Chennabasava and entered into a heated argument with them. The same night, the duo strangled Dayanandaswamy and he fell unconscious," police sources said. 

TWIST IN THE TALE 

Assuming that Dayanadaswamy was dead, Ratnamma and Chennabasava began to prepare for his last rites. They told neighbours that he had died of dehydration and arranged for a tempo to shift the body to Arasikere. However, one of the neighbours was taken aback when he noticed the 'dead' Dayanandaswamy breathing, albeit at irregular intervals. "Immediately, we alerted police who rushed Dayanandaswamy to hospital," said neighbours. 


source



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Sunday, November 3, 2013

Portuguese citizen arrested @ Bangalore for dowry harassment

Portuguese citizen charged with dowry harassment

By Manjunath Chandra | Oct 19, 2013, 09.18 PM IST
Portuguese citizen charged with dowry harassment
Byappanahalli police have arrested a Portuguese businessman on charges of dowry harassment. Jimme Pereira D'Souza Bento (in pic), 48, from North Portugal and a resident of Old Madras Road, was arrested two-days ago based on a complaint by his wife Ana Luisa Onofre Alves, 45. The couple frequently visited the city on business and stayed at a rented apartment in Salarpuria Silverwoods Apartment on Old Madras Road. 

The complaint states that Bento forced his way into the flat early on Wednesday and demanded 50,000 euros from Ana. When Ana refused to give him the money, Bento not only beat her, but threatened to kill her by brandishing a knife. 

Ana managed to get away, rushed downstairs and screamed for help.Raju, a regular visitor to the apartment, heard her screams and informed the police who took Bento into custody. CMH hospital doctors confirmed physical injuries to Ana. 

Police have registered a dowry harassment case under 498(A) of IPC against Bento and remanded him to judicial custody. Cops say the couple had filed for divorce in a courts in Portugal.






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Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist
  
  

Delhi HC overturns man's conviction for raping daughter; wife framed him un mindful of spoiling daughter's reputation !!!

"........."The court is appalled as how the mother for her personal vendetta compromised the well-being of her daughter to let her live for a lifetime with such a stigma and scar of being raped by her own father. The question is best left unanswered in the interest of humanity...," the court said........"

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Question : why let it to humanity ? why NOT hang this woman ???

**************news item below ***************

Delhi High Court overturns man's conviction for raping daughter


IANS  |  New Delhi  
October 29, 2013 Last Updated at 23:00 IST




The Delhi High Court Tuesday acquitted a man, sentenced to life imprisonment by the trial court for allegedly raping his 11-year-old daughter, observing that his first wife used the daughter "as a tool" to seek revenge.


Justice Kailash Gambhir and Justice Indermeet Kaur said: "The evidence produced by the prosecution and even the medical evidence does not lead us to believe that the appellant had committed a rape of his daughter."

The bench set aside the trial court's order that sentenced the man to life imprisonment on the charge of rape of his minor daughter in 2006.

"It is unfortunate, that to seek revenge from her own husband, she went to the extent of using her minor daughter as a tool to implicate him of an offence such as rape," the court said.

"The facts and circumstance of the case make it amply clear that the grudge nursed by the mother of not being adequately compensated during the divorce coupled with the fact that she was made to agree to hand over the legal custody of children in favour of her husband and above all the remarriage of the husband capitulated her into plotting this devious act."

The bench also rejected the claim of prosecution that man raped his daughter, saying: "The common belief that no women will fabricate an offence such as rape owing to its social and mental ramification is undoubtedly flawed as is exemplified by the present case..."

"The trauma of a man being falsely accused of raping his own flesh and blood is unspeakable and unfathomable.

"The court is appalled as how the mother for her personal vendetta compromise the well-being of her daughter to let her live for a lifetime with such a stigma and scar of being raped by her own father. The question is best left unanswered in the interest of humanity...," the court said.





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Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist
  
  

Saturday, November 2, 2013

Ex-Congress MLA's daughter-in-law found hanging at Delhi ; will he get 7 years in cooler ??

Ex-Congress MLA's daughter-in-law found hanging ; will he get 7 years in cooler ?? 

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IANS | Nov 2, 2013, 09.15 PM IST

NEW DELHI: A former Congress MLA's daughter-in-law was found hanging under mysterious circumstances at a house in Delhi's Sarai Rohilla area, police said on Saturday.

Victim's family alleged that their daughter was killed for dowry. Her in-laws, however, claimed that she had committed suicide. 

Rekha, 27, was found hanging inside her in-law's house Saturday morning. 

Rekha's father Ashok Chaudhary, in his complaint, said in December 2012, he had organized her daughter's marriage with the son of former MLA Sadiram. 

"A few days after the marriage, Rekha's in-laws started demanding more dowry. When I could not fulfill their continuous demand, they killed my daughter," Chaudhary said. 

Sadiram, his wife and his son Sudhanshu have been arrested, police said. 

"Victim's body has been sent for post-mortem to ascertain the exact reason behind the death as her family members alleged that she was killed by her in-laws for dowry," said a police officer. 

"A probe in the case has been conducted and we are waiting for victim's post-mortem report before taking further action," the officer added.

source




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Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist
  
  

Tanishque (Jeweller) advert shows that women with approx 6 year old daughters can get a good second catch ..er husband !!




A TV commercial for an upscale jeweler, Tanishq, .....


It's a simple ad, showing a lovely Indian woman getting ready for her wedding, putting on an elaborate necklace which she clearly values as a gift from her husband-to-be. Soon, a little girl shows up — her daughter — looking for a bit of attention.


Together, the woman and girl go to the mandap — the place where the wedding will happen. The girl is set down with an older couple, presumably grandparents and told to hush.


The second detail is even more remarkable: At the end, the little girl, fidgeting and clearly a little upset, asks if she can join the wedding for the pheras or pradakshana phase, when the couple together are supposed to circle the puja fire. The groom smiles and gestures the girl to come. Finally, the girl asks her mother's new husband if she can call him Papa. He gladly picks up the girl, and the new family comes together.


http://www.youtube.com/watch?feature=player_embedded&v=adDkbucQUfg#t=94 



Regards
Vinayak
========= blogs of interest =========
- Fight back or be screwed : http://bit.ly/S7wGll
- NRI Daughter in law dead; still case against In laws quashed : (scroll down *on blog* to skip tamil notes / comments) http://bit.ly/SmJffM  
- Take action against girl for filing false rape case: HC to cops : http://bit.ly/PsVcQz
- no-maintenance-u-s-125-cr-p-c-to-deserting-wife : http://bitly.com/Rg4nz7
- no maintenance to employed wife u /s 125 : http://bit.ly/Q113Ol
- Adjustment of Maintenance granted u.s 24 of HMA and Sec 125 of CrPC. Peculiar case where both the original decisions are decreed by the same judicial officer on the same date : http://bit.ly/TpwiSl
- IF you are hit with 498a ….do NOT try to conceal it while applying for governmental posts !! : http://bit.ly/RMLNEg
- Well educated software engineer arrested at chennai airport : Just on the basis of a complaint by his wife. This unfortunate thing could happen to anyone !! : So beware of Anti male laws : http://bit.ly/RoHVs0
- Woman and 19 year old paramour kill husband and mother in Law : mirror mirror on the wall who's the fairest of them all : http://wp.me/p7s7-QM
- wife advocate files 406, 498a etc against husband advocate and father in law advocate !!! One happy family I say !! http://bit.ly/Snvqty
- what IF the live - in (second female) claims rape : risk of live in before divorce ! : http://wp.me/p7s7-R5
- don't file RCR in haste and cry when interim maintenance is ordered ! : http://bit.ly/QQq6Dy
- I want to file for divorce because my wife is not interested in this marriage !!!!!! http://bit.ly/Uokcev
- more at http://vinayak.wordpress.com/
======================================



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Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist
  
  

Friday, November 1, 2013

MAN EARNING 4000 ordered to pay 10000 pm as int maint to wife !! quash REFUSED, told to appeal !!


MAN EARNING 4000 ordered to pay 10000 pm as int maint to wife !! quash REFUSED, told to appeal !!


Notes
***********
* wife files DV case and seeks interim maint
* man says wife earning independantly, shows she is an INC Tax assessee etc 
* man also says he has little or no income and is earning only rs 4300 per month 
* still honourable MM court says go pay 10000 per month !!!
* man runs to HC for quash
* HC says no quash possible, go on appeal !!

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
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CASE FROM JUDIS / INDIAN KANOON WEB SITE 
******************************************************************


IN THE HIGH COURT AT CALCUTTA
CRIMINAL APPELLATE JURISDICTION

C.R.R. No.1341 of 2012
WITH
C.R.R. No. 1194 of 2012


Present : The Hon'ble Justice Toufique Uddin


VINAY KUMAR SETHIA.
Versus
VINITA SETHIA & ANR


For the Appellant : Mr. Somnath Mukherjee 
For the Opposite Partye : Mr. Manas Kumar Barman 
Heard on : 5.9.2012
Judgement on : 04 October, 2012

This revision arose out of an order dated 14.3.2012 passed by learned District Judge, Howrah vide Criminal Appeal Case No. 10 of 2012 against an interim order passed by the learned Judicial Magistrate 1st Court at Howrah in Miscellaneous Case No. 438 of 2010 in respect of Section 23(2) of Protection of Women from Domestic Violence Act, 2005.

Heard learned advocates of both sides.

None appears on behalf of the State.

The back ground of this revision in short is as follows : The respondent No. 1 wife filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before the learned Chief Judicial Magistrate at Howrah who transferred the case to the Court of 4th Judicial Magistrate, Howrah . http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

The husband petitioner approached the court under Section 410 Criminal Procedure Code for transfer of case and by order dated 25.5.2011, the learned Chief Judicial Magistrate transferred the case to the court of learned 1st Judicial Magistrate at Howrah for adjudication. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

The wife filed another petition under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the said Act) praying for interim relief.

The present petitioner contested therein by filing an objection taking the ground that the respondent wife has an income tax file and she is a qualified lady having sufficient income from her own business of share. On the other hand, the petitioner is a mere employee of Fibreglass Moulders & Fabricators at Kanaipur, Hooghly and he earns only Rs. 4,200/- per month but the learned Judicial Magistrate, 1st Court, Howrah on hearing of both parties passed interim order on 2.2.2012 for payment ad-interim maintenance of Rs. 10,000/- per month to the wife from the date of passing of the order i.e., 2.2.2012. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

Against the said order, the petitioner preferred the appeal before the learned Dsistrict Judge at Howrah being Criminal Appeal No. 10 of 2012 along with the prayer for stay of further proceedings.

Upon hearing the appeal, the learned District Judge, Howrah granted conditional stay of operation of the order dated 2.2.2012 passed by the learned Judicial Magistrate, 1st Court, Howrah subject to payment of Rs. 5,000/- per month holding that the petitioner has capacity of earning to pay such amount of interim maintenance.

It was contended by the learned lawyer of the petitioner that the petitioner is earning simply a sum of Rs. 4,500/- per month whereas the wife has share business and has been earning Rs. 6,000/- per month.

On the other hand, learned lawyer of the opposite party submitted that this present revision is not at all maintainable because the application was couched under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India which cannot be heard because this is a revisional forum. Further it was contended by the learned lawyer of the opposite party that the actual remedy is not here but in term of Section 29 of the said Act at the court of appeal. I find substance in the contention of the learned lawyer of the opposite party. The learned lawyer of the opposite party placed before me the decision as reported in (2012) 1 SCC (Cri) 371 wherein it was propounded that in revision against maintenance order passed in proceedings under Section 125 of the Cr.P.C, revisional court has no power to reassess evidence and substitute its own findings. Another decision as reported in (2012) 2 C Cr.LR (Cal) 621 was cited in regard to Sections 23 and 29 of the Protection of Women from Domestic Violance Act, 2005 wherein the Hon'ble Court held that against interim order granted, the remedy lies in preferring appeal against the order and revisional application for quashing the order was not maintainable. The said decision fits in toto in this case.Further the decision as reported in (2012) 2 SCC(Cri) 102 shows that condition of period even prior to coming into force of 2005 Act can be taken into consideration while passing the order. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

It was transpired from the materials on record that the criminal appeal under the provision of Section 29 of the said Act has been filed before the learned District Judge, Howrah and that appeal is pending. The impugned order was passed by the learned District Judge, when the appeal was at nascent stage. Some question of fact and question of law are inherently related for which the revisional court ought not to go deep into them.

Income is a question of fact. The learned trial court has to adjudicate. There appears to be no ground for quashing the impugned order. Accordingly, the instant revision stands dismissed on contest. This order will also govern the other related revision being CRR 1194 of 2012. Thus both the revision applications stand disposed of. Urgent xerox certified copy of this judgment, if applied for, be given to the parties on priority basis.

(Toufique Uddin , J.)




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Ablaa WIFE already making moolah in civil case of sec 125 CrPC cannot make MORE moolah using DV !! Milking the husband once is enough , don't try too many times (or is this decision now set aside ?? )



ablaa WIFE already making moolah in civil case of sec 125 CrPC cannot make MORE moolah using DV !! Milking the husband once is enough , don't try too many times (or is this decision now set aside ?? ) 

Notes
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Ablaa naari separate since 1996
Making monthly mollah on an earlier order
Now tries DV for more moolah
Shri Shiv Narain Dhinghra dismisses the case !!


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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
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CASE FROM JUDIS / INDIAN KANOON / PUBLIC WEB SITE(S) 
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IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Reserve: August 25, 2010
Date of Order: 30th August, 2010
Crl.M.C.No. 130/2010 & Crl.M.A.No. 504/2010


30.8.2010



Rachna Kathuria ... Petitioner
Through: Mr. P.Narula, Advocate

Versus

Ramesh Kathuria ... Respondent
Through:Mr. S.S.Saluja, Advocate

JUSTICE SHIV NARAYAN DHINGRA
1. Whether reporters of local papers may be allowed to see the judgment? Yes.
2. To be referred to the reporter or not? Yes.
3. Whether judgment should be reported in Digest? Yes.

JUDGMENT

By this petition under Section 482 Cr.P.C. the petitioner has assailed an order dated 22nd October 2009 of learned Additional Sessions Judge passed in appeal whereby the appeal of the
petitioner was dismissed.

2. The petitioner filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short the Act) and along with it she filed an application under Section 29 of the Act seeking maintenance. The learned Court of MM observed that petitioner was living separate from her husband since 3rd January, 1996. She had filed a Civil Suit under Hindu Adoption and Maintenance Act and an application under Section 125 Cr.P.C. and she was getting a total maintenance of ` 4000/- per month from the respondent. In case the petitioner felt that maintenance awarded to her was not sufficient, the proper course for her was to approach the concerned Court for modification of the order as already observed by the High Court in a petition filed by her earlier and the application was dismissed. Against this petitioner preferred an appeal. The learned Additional District Judge dismissed the appeal and the petitioner has preferred this petition. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

3. It must be understood that the Protection of Women from Domestic Violence Act, 2005 does not create any additional right to claim maintenance on the part of the aggrieved person. It only puts the enforcement of existing right of maintenance available to an aggrieved person on fast track. If a woman living separate from her husband had already filed a suit claiming maintenance and after adjudication maintenance has been determined by a competent court either in Civil Suit or by Court of MM in an application under Section 125 Cr.P.C. she does not have a right to claim additional maintenance under the Act. The Court of MM under the Act has power to grant maintenance and monetary reliefs on an interim basis in a fast track manner only in those cases where woman has not exercised her right of claiming maintenance either under Civil Court or under Section 125 Cr.P.C. If the woman has already moved Court and her right of maintenance has been adjudicated by a competent Civil Court or by a competent Court of MM under Section 125 Cr.P.C., for any enhancement of maintenance already granted, she will have to move the same Court and she cannot approach MM under the Protection of Women from Domestic Violence Act by way of an application of interim or final nature to grant additional maintenance. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

This petition is not maintainable and is hereby dismissed. 

SHIV NARAYAN DHINGRA, J.

August 30, 2010



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Sec 23 DV act empowers magistrates 2 give away UR money, PROPERTY to wife EVEN without notice to you !!!! "....pointing out that Section 23 of the Act enables a magistrate to pass interim orders even without issuing notice to the opposite party, ...."


Sec 23 DV act empowers magistrates 2 give away UR money, PROPERTY to wife EVEN without notice to you !!!! "....pointing out that Section 23 of the Act enables a magistrate to pass interim orders even without issuing notice to the opposite party, ...."

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quote : Sec 23 DV Act : 

23. Power to grant interim and ex parte orders.-

(1) In any proceeding before him under this Act, the Magistrate may pass such interim order as he deems just and proper.

(2) If the Magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent.

**************NEWS ITEM FROM THE HINDU *******************

High Court ruling in domestic violence case

Asks petitioner to file an appeal rather than a revision petition

An interim order passed by a Judicial Magistrate directing an individual to pay maintenance amount to a victim under the Protection of Women from Domestic Violence Act 2005 can be challenged only by way of an appeal before the Sessions Court concerned and not through a revision petition, the Madras High Court Bench here has said.

Disposing of a revision petition filed by an individual, Justice M. Venugopal said that a special enactment such as Domestic Violence Act would override the general remedy of revision provided under the Code of Criminal Procedure and therefore it would be advisable for those facing interim orders to prefer an appeal as provided under Section 29 of the special Act.

On the question as to whether the magistrates were empowered to order disbursement of maintenance amount by exercising their powers to pass interim orders under Section 23 of the Act, the judge said that he was leaving the issue open for the Sessions court to decide if the present revision petitioner happened to file an appeal before it.

Further, pointing out that Section 23 of the Act enables a magistrate to pass interim orders even without issuing notice to the opposite party, the judge said that the magistrates must be circumspect and act with care and caution while passing such ex-parte orders.

They must subjectively satisfy themselves as to the existence of valid reasons for passing such orders.

The magistrates should also apply their mind dispassionately and pass a reasoned speaking order in order to enable the appellate forum to understand the facts and circumstances under which such order came to be passed. "There must be an outline of process of reasoning.

A non-speaking order might be just from the point of view of the court passing it. But to an affected party, it will clearly be an unjust one," he added.

In the present case, the revision petitioner was aggrieved against an order passed by a judicial magistrate in Dindigul on February 10, 2011 directing him to pay an interim maintenance amount of Rs. 5,000 to his wife who had filed a case under the special Act by alleging that she was driven out of her matrimonial home and was now living along with her parents.

A petition filed by the husband to get the order set aside was dismissed by the magistrate on December 14, 2011 on the ground of delay and hence he had approached the High Court by claiming that the maintenance amount awarded by the Magistrate was excessive and arbitrary.

source





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