Archive
Wife’s illness leads man to seek divorce
BANGALORE: Prema is a welleducated woman, married to Raghu, an executive with a multinational company in Bangalore. The couple tied the knot in 1997 and has an 11-year-old daughter. Those who don’t know Prema will find her healthy and happy. But her husband and daughter have experiences otherwise. Raghu has moved the family court seeking divorce from Prema saying she’s suffering from obsessive compulsive disorder (OCD), a mental illness or a psychiatric disorder.
Raghu, in his plea, has contended that in the initial years of marriage he noticed that Prema had a habit of doing certain things repetitively. “She will either keep washing her hands or repeatedly check if the main door is closed. I used to ignore it, but her behaviour became more obsessive after our daughter was born in 2000. Once she started going to school, Prema used to doubt if she really goes to school or not; she does her homework or not. She used to punish the child for petty reasons,” states Raghu.
But can OCD be a ground for seeking divorce? A family court in Bangalore has raised this pertinent question. Last week, when Raghu’s petition came up for hearing, the judge posed some questions: “Is this illness incurable? Show how will it affect your matrimonial prospects?”
The court also questioned if a person suffering from OCD can live a normal life. “What if her illness is cured after divorce is granted?” asked the judge.
Raghu’s lawyer argued: “He waited for two years after finding out that she is suffering from OCD. She hasn’t shown any improvement to treatment for over ten years now. Even the child is getting affected because of the mother’s behaviour.”
The plea, which was filed in 2001, said Prema’s symptoms aggravated from 2000, after the birth of their daughter. She was treated in two Bangalore hospitals and also one in the United Kingdom but hasn’t shown any improvement. She is now staying with her parents in Kerala and is under treatment.
Prema’s lawyer countered that his client is responding to treatment and the illness is curable. “Just because a mother is giving some minor punishment to the child, can she be called mentally ill? Or can it be a ground to seek divorce?” he asked.
EXPERT OPINION
Sheila Aneesh, president of All-India Federation of Women Lawyers, said: “The law generally says that some incurable disease can be a ground for divorce. But the case should be supported by medical reports which say that the disorder or the illness is incurable in nature. There are chances that certain illnesses which are incurable today can be cured tomorrow with the help of advanced medical facilities. The judgment in a case should be passed on the present status of the case and not on its future prospects.”
DOCTOR’S DICTATE
B N Gangadhar, professor of psychiatry, National Institute of Mental Health and Neurosciences ( Nimhans), had this to say: “Diagnosis cannot answer all questions. A good proportion of these patients show much improvement and we say they are cured.” He explained that in a similar proportion, response to treatment would be satisfactory thus enabling a person to perform most of the essential roles. “However a small proportion would be disabled even after considerable treatment and the disability of performing matrimonial duties can vary from case to case,” he added.
MERIT OF THE CASE
A family court,while hearing the case last week, asked if obsessive compulsive disorder could be a ground for seeking divorce. “Is this illness incurable? Show how will it affect your matrimonial prospects? What if her illness is cured after divorce is granted?” asked the judge.
NFHS Discussion on Inclusion of Juiciary in Lokpal
NFHS MEMO to PM, President, Law Minister/Commission, Lok/Rajya Sabha Speakers, NAC regarding “inclusion of Judiciary in the proposed Lokpal and other Judicial reforms”
28th Aug 2011/ Bangalore
To,
Honorable Prime Minister of India, Prime Minister’s Office,
Room No: 148 B,
South Block, New Delhi – 110001
Subject: Regarding inclusion of Judiciary in the proposed Lokpal and other Judicial reforms
About National Family Harmony Society®: “National Family Harmony Society®” NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 16500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.
Dear Sir,
The entire nation has been watching the recent dramatic events unfolding all over the Country regarding the Lokpal bill, wherein the Government has agreed to bring a Lokpal bill to the parliament for discussion and approval. Within no time of simultaneous protests across the nation, Government has acted swiftly to bring the BILL to the parliament.
Sadly this has happened because the Government has been reactive than pro-active. I would like to bring to your kind attention some important issues wrt the Lokpal BILL. That is the inclusion of Judiciary (both higher and lower) in the ambit of the proposed Lokpal.
Judiciary has to be clean and corruption free because that is the only institution citizens has still some faith still left. There is no effective mechanism/body/institution to deal with corruption in Judiciary. Currently even though it a matter of common knowledge that corruption does exist in judiciary but it is not spoken openly just because people fear the contempt of court for criticizing judiciary.
Expecting the judiciary to correct its own shortcomings may be as hopeless as expecting the Indian Administrative Services to provide for the punishment of their own or expecting the politicians to clean up their own act. There must be a third party watchdog to “keep a watch“, scrutinize and “to take action” in case of allegations of misconduct and corruption. Judges are one among us and part of the society. There could be temptations to succumb to corruption and still not being caught.
The Supreme Court’s observations on the rot in the Allahabad High Court are disturbing. A Bench consisting of Justice Markandey Katju and Justice Gyan Sudha Misra said on November 26, 2010 that most judges of this High Court [Allahabad] are corrupt and collude with advocates. Sadly, many High Court judges are facing charges of corruption. The charge that many former Chief Justices of India were corrupt has given a new twist to judicial corruption.
There is also the Rs 23-crore Ghaziabad PF scam in which a Supreme Court judge (since retired), seven Allahabad High Court judges, 12 judges of the subordinate courts and six retired High Court judges are allegedly involved. The key accused, Ashutosh Asthana, died in jail mysteriously in October, 2009. He had provided vital documents to the CBI that established connivance of these judges.
Justice Sumitra Sen, Justice Nirmal Yadav, UP PF Scan involving Judges, Justice Katju’s remarks about Allahabad HC Judges and Justice Dinakaran are few example/incidents which would have never got exposed in 60’s, 70’s, 80’s or 90’s but have been exposed due to vigilant Media. These incidents had eroded the faith of the common man in Judiciary. The point is if a Judge is corrupt then why not to act swiftly against him/her before further damage is done.
Corrupt judges in the higher judiciary can be removed only by impeachment. However, this method is cumbersome. The problem is not just a question of devising proposals for removal. The Judges (Inquiry) Act, 1968, prefaces impeachment by judicial inquiry. In Supreme Court Judge Justice V. Ramaswamy’s case, the inquiry indicted him but the impeachment motion fell through in Parliament in 1992.
Justice Katju and Justice Misra also referred to the syndrome of “uncle judges”. The Union Law Ministry admits that this menace has spread to many High Courts, including those in Chandigarh, Shimla and Jaipur. In its 230th Report (2009), the Law Commission has recommended that in order to eliminate the practice of “uncle judges”, the judges, whose kith and kin are practicing in a High Court, should not be posted in the same High Court. Union Law Minister should work on a proposal to check this menace.
Corruption in Judiciary is very serious issue because impeachment mechanism to remove Judges in case of misconduct/corruption has failed miserably and is not effective. Hence we need a Lokpal who will not need sanction from President/Government to proceed against a Judge facing corruption allegations or misconduct allegations. We need a Lokpal who can investigate and if he finds prima facie evidence of corruption/misconduct against Judge then he can prosecute either through its police/CBI/own prosecution wing.
We need your pro-active intervention and pro active decision to see the misery of the common public who are facing litigations and are victims of such misconduct and corruption but are unable to speak a word due to the power of “Contempt of court”. The time has come wherein Judiciary should be transparent, should be open to fair amount of criticism, and should be open to investigation in case of alleged corruption.
Judges appointing Judges & Judges Investigation Judges & Judges promoting Judges will only result in Judges protecting Judges!!!
In view of the above said discussion we demand following
- Bring Judiciary (Both higher and lower) in the ambit of proposed Lokpal
- Suo moto power to Lokpal to investigate against any Judge including HC/SC of charges of corruption/misconduct.
- Lokpal should not require sanction from Government before proceeding against a Judge.
- Prosecute Judge if prima facie evidence is found and to suspend him/her immediately.
- The government should fast-track all cases of moral turpitude, corruption and nepotism.
- The process of impeachment of a judge should be speeded up with a time limit for obtaining the President’s sanction and impeaching him/her.
- There is a need to change the method of selection of judges. The current collegium system of appointment of judges has failed to attract persons of impeccable integrity to Judiciary.
- The country deserves a more credible, transparent and broad-based institutional mechanism for selecting judges.
- As the UK Supreme Court had done early this year, our apex court, too, should advertise vacancies in the Supreme Court and High Courts in the newspapers.
- Judicial orders/Judgments’ should be subject to the review by an independent body if it is felt that the order was passed by corrupt means.
We submit that our suggestions are just and reasonable and in the event of non implementation of our suggestions, we would be constrained to go to the streets with Dharnas, Public Fasting and resort to other democratic means of protests. Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.
Jai Hind!! With profound respects,
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
WCD minister says current laws are enough to protect women
http://pib.nic.in/newsite/erelease.aspx?relid=75033
Prevention of Inhuman Treatment of Women
Only one incident of Sati has been registered in Chhattisgarh in 2008. As for the other crimes against women, the National Crime Records Bureau (NCRB) has recorded 185312, 195856 and 203804 cases in the country in 2007, 2008 and 2009 respectively. This was revealed by the Minister of State (I/C) of Women and Child Development Smt. Krishna Tirath in Rajya Sabha today.
There is no proposal to amend the existing law on Sati nor is there any proposal to bring about a separate law to prevent the crimes against women. Except for the provisions relating to Rape and Molestation, the existing provisions in the Indian Penal Code (IPC) with regard to Kidnapping & Abduction (Sec. 363-373), Dowry Death (Sec.304-B) and Cruelty to married women (Sec.498A), which deal with the major offences committed against women, are adequate.
Smt. Krishna Tirath said that besides IPC, there are specific laws in existence for tackling offences such as trafficking, dowry, indecent representation, sati and domestic violence against women. They are Immoral Traffic (Prevention) Act, 1956; Dowry Prohibition Act, 1961; Indecent Representation of Women (Prohibition) Act, 1986; Commission of Sati (Prevention) Act, 1987 and Protection of Women from Domestic Violence Act, 2005. In addition, the Government has introduced a Bill in 2010 in Parliament to protect the women against sexual harassment at work place. ‘The Protection of Women against Sexual Harassment at Workplace Bill, 2010’ is a comprehensive Bill which will replace the existing guidelines on sexual harassment issued by the Supreme Court in Vishaka and others V. State of Rajasthan and others.
*******
DK/BS
(Release ID :75033)
Parliament standing commitee recommends one of NFHS argument wrt DPA rules
NEW DELHI: Planning to get married, or want to get your marriage registered?
First, declare in writing that you didn’t ask or give dowry.
The committee on petitions under the chairmanship of MP Bhagat Singh on Wednesday presented its report to the Rajya Sabha on the dire need to curb female feticide. The panel has recommended that that the registration of marriage must be made mandatory and “undertaking from both the parties should be maintained at that time that no dowry has been exchanged between those parties”. The committee said it “understands that publicity of high expenses on marriages of rich people have cascading effects on the psyche of middle-class and lower-middle class citizens of the country.”
The report, therefore, recommended to the ministries to find ways and means to regulate high expenses for the wedding ceremony. “The evil of dowry is one of the vital causes leading to low status of girl child in the society. Unfortunately, the practice of dowry is still prevalent. The committee is unhappy that this law enacted in 1961 has been unable to check the evil of dowry in the society.”
It added, “The committee, accordingly, recommends that government should take immediate steps to review the toothless Dowry Prohibition Act, 1961, and ensure that it prescribes some mandatory obligations in the form of disclosures/joint declarations on the parties to the marriage (on both sides) so that they remain conscious and bound socially and legally to their resolves/declaration of not having asked for/given any dowry in marriage.”
As per the National Crime Record Bureau (NCRB) data, there has been an increase in cases of dowry registered under the Dowry Prohibition Act, 1961, from 3,204 in 2005 to 5,650 in 2009.
The existing definition of ‘dowry’ under the Act is limited in its scope and does not distinguish between ‘gifts’ that are exchanged voluntarily and ‘dowry’ that involves an element of coercion, the report said.
“While the Rules to the Act provide for registration of gifts, but, in the absence of a mechanism for authentication of such gifts, there is nothing to prevent its abuse/misuse. In the opinion of the ministry of women and child development, the scope and coverage of the law needs to be expanded, based on a better understanding of how the system of dowry operates in the current social context. There is also a need for stricter penalties under the law to serve as deterrence to demanding dowry,” it added.
The government is considering making amendments to the Act. Some of the areas which are being looked at are strengthening the definition of “dowry”, making a specific provision on ‘gifts’ and their authentication, increasing penalties for ‘taking and demanding dowry’ to increase the law’s deterrent effect and strengthening role of functionaries under the law.
Dowry deaths under Section 304B of IPC has also increased by 2.6% in 2009 (8,383) as compared to 2008 (8,172), says NCRB record, 2009.
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NFHS Presentation point no8:
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1. Marriage registration should be made compulsory: Compliance to the rules pertaining to Dowry Prohibition Act must be made mandatory even during marriage registration. In absence of marriage certificate, no complaints under section 498A should be entertained. This is important because exorbitant claims are made that huge sum of cash was given as dowry without any proof or evidence. If Dowry Prohibition Act rules regarding maintenance of lists are followed during marriage registration, we can significantly reduce complaints with false claims later on. Also, this will significantly help in curbing the custom of Dowry as it will be impossible for anybody to give or take dowry. A Dowry prohibition officer must be assigned to file an affidavit to the court with proof and evidence of the claims of the wife regarding the dowry exchange before entertaining an FIR containing claims of dowry demanded or having given and taken. In case dowry was given by the complainant wife, according to section 3 of Dowry Prohibition Act, even giving dowry is a crime and so, a case should be registered by the police against those who have given dowry. Only then the custom of dowry can actually be brought to an end.
Dharna against DV Act Misuse – by Mumbai Brothers
HC: Divorce granted on condition of husband tp pay maintenance and 10 Lakh even though HC says wife is at fault
Sheetal’s FIR accuses Mafatlals of cruelty
MUMBAI: A month after her step-daughter accused her of stealing almost 40 priceless paintings from the Mafatlal bungalow, Sheetal Mafatlal, the second wife of Atulya Mafatlal, hit back by registering a criminal case of cruelty against her husband and in-laws.
Gamdevi police has registered an FIR under Section 498-A (cruelty to wife by husband, in-laws) of the IPC. Sheetal has accused Atulya, who is recovering from cancer treatment in London, his 78-year-old mother Madhuri, brother-in-law Ajay, his sisters Kunti Shah and Gayatri Zaveri (both living nearby in Malabar Hill) and Marushka-Atulya’s 19-year-old daughter from his first wife Payal.
The four-page FIR, in Marathi, talks of mental and physical harassment from 2006 onwards by Madhuri and Ajay. It says they beat her regularly with a wooden stick and in June 2006 she required “five days’ medical treatment at the government-run GT hospital.” After 11 years of marriage, she has said that Atulya is an alcoholic who used to beat her and demand dowry from her parents.
Atulya Mafatlal, speaking from London, told TOI, “I am aghast at the travesty of justice; that the police could even register such a bogus complaint without verifying the truth. My mother suffers from lung fibrosis. For the last five-six years she can’t walk 10 steps without getting breathless and neither she nor Ajay ever enter my side of the house.” Atulya added, “It is ridiculous to hear that they beat Sheetal who exercises 90 minutes daily with a personal trainer and can lift 10 kilos on her feet. Why would she go to a dreary government hospital and not to Breach Candy or Cumballa Hill next door?”
On the theft case against her, Sheetal’s lawyer Zulfikar Memon said, “It was a family dispute and there was no criminal angle involved.” But the criminal complaint by Sheetal can send her in-laws to three years in jail.
Fearing such “a baseless move” from Sheetal, Mafatlal matriarch Madhuri and Ajay had already got an anticipatory bail from the court that requires the police to give them a 72-hour pre-arrest notice.
Women talk to dogs more than their partners
One in five women spend more time talking to their pets than their partners, a survey of 2,000 female dog owners in Britain has found.
They also take time off work to look after their poorly dogs and even leave the radio or television on for them, Daily Mail reported on Tuesday quoting the study.
A survey in Welsh, Scots, revealed that 18 per cent chat to their dogs more frequently than their husbands or boyfriends.
Forty-two percent have taken time off work to nurse sick animals and 34 per cent leave the radio or television set on to keep their pets company.
Favourite shows are EastEnders , watched by 41 per cent of owners because their dogs like it, and the Chris Moyles show on BBC Radio 1, the Mail said quoting the study.
Richard Rockett, from dog food specialist Burgess Supadog Sensitive – which carried out the poll – said: “We share everything with our dogs, from our favourite television programme to musical preferences, and we’re not afraid of showing real affection for our favourite companion.”
‘Grace’ marks for girls to enter IIMs
MUMBAI: For years, every class at the Indian Institutes of Management (IIM) was boringly uniform. Students were mostly boys, with only a sprinkling of the other sex. In class, these young men thought similarly, used identical logic and took decisions that were alike, for they were all hardwired to behave in a certain fashion at the engineering campuses they came from.
In a strange correction to break the monotony of these two singularly large constituencies that cornered seats for years at the IIMs, the management schools have decided to award special marks to girls and non-engineering students.
All the six new IIMs and the ones at Lucknow and Kozhikode feel it`s time to rebalance the gender scales in office spaces. So while IIM-Rohtak will give 20 marks to each girl and another 20 to a non-engineer, IIM-Raipur will add 30 marks to the overall scores of each girl-non-engineer. IIM-Lucknow has decided to grant five marks to each girl and two to non-engineers.
“It`s for the first time that we have taken a conscious decision to make the diversity on our campus richer. Hence apart from the CAT scores, academic performance in class X and at the graduation level, and work experience, we will award marks for two diversity factors-gender and academics,” said IIM-L admissions chairman Arunabha Mukhopadhyay. Echoing his feelings was B S Sahay, IIM-Raipur director, who said that all the new management schools jointly took a call to benefit girls and non-engineers.
Seven IIMs released their admission criteria months before the Common Admission Test. The new IIMs have decided to do away with group discussions and will instead jointly hold a Written Ability Test (WAT). “The aim of the GDs was to test candidates` communication skills, their convincing prowess, their leadership abilities and their teamwork. But then many students get coached to participate in GDs. And sometimes, students who can`t raise their voices and are not aggressive just go unheard,” says IIM-Trichy director Prafulla Agnihotri.
The older management schools-IIM-Bangalore, Calcutta, Lucknow, Kozhikode, Indore, will, like IIM-Ahmedabad, expect students to clear a “writing task” as well as conduct GDs and personal interviews.
http://timesofindia.indiatimes.com/india/Grace-marks-for-girls-to-enter-IIMs/articleshow/9726743.cms
HC: Wife cannot put a condition that husband has to come and stay with her…Dovorce confirmed
No divorce for quarrelling couple: court
A division bench of Justices Mohan Shantana Goudar and K Govind Rajulu dismissed an appeal filed by S Mohan (52) challenging a family court order which denied him divorce from his spouse of 18 years, Shyama (46), in 2006. The couple has two children, a 17-year-old daughter and 14-year-old son.
Mohan had sought divorce from Shyama under Section 13(1) of the Hindu Marriage Act on grounds of cruelty and desertion. He alleged that Shyama left their house and started living with her parents since 2004. He also saidShyama had suspected he was having an affair with another woman and was staying with her.
Justifying his case for seeking divorce, Mohan contended: “My wife wanted me to be a puppet in her hands. She is dominating and she has conceived the idea of controlling me. In other words, she is highly egoistic and suffers from status syndrome,” he told the court. Shyama, on the other hand, alleged she did not have any respect in the matrimonial house, though she is an educated woman. “My husband used to tease me and often quarrel too,” Shyama contended.
When Mohan’s appeal came up for hearing in the high court on August 3, Shyama informed the court that despite all the issues between them she’s willing to go back and stay with her husband for the sake of their children.
Observing that the couple married in 1986 and have lived together for about 18 years before they separated in 2004, and that they have two grown-up children, the court refused to grant them divorce. “We do not find any valid ground to grant divorce, in as much as this is a case of non-adjustable nature for both parties. We are of the firm opinion that if the parties leave their ego, they can join to continue matrimonial life,” the judges observed.
(Names have been changed to protect identity)
Amendments carried out in Dowry Prohibition Act
Next time when you hold a marriage ceremony, you could have a group of unsolicited guests – the Dowry Prohibition Officer (DPO) and cops.
The Orissa Dowry Prohibition (Amendment) Rules, 2010 which was notified a couple of days and forwarded to implementing authorities on Monday, authorises DPOs to visit any marriages along with officer-in-charge of a police station to see that the provisions of the Act are not contravened.
“The DPO while making inquiries under the Act or when he attends any marriage, for the purpose of making inquiries, shall take the assistance of an officer of a police station or other officers to assist him in the performance of his functions and it shall be the duty of the officer of the police station to render the assistance required by DPO,” the new rules say.
The DPO is, however, cautioned that he would have to discharge his duties with due care and decorum to uphold privacy, dignity and harmony of family relationship. The officer would ascertain and confirm by suitable means in respect of as many number of marriages as are held within his jurisdiction as to whether the provision of the Act are being followed and are not.
The State government has amended the Orissa Dowry Prohibition Rules, 2000 and named it as Orissa Dowry Prohibition (Amendment) Rules, 2010.
Rules
The designated officers would list all the presents submitted by the parties to any marriage and make entries relating thereto in a register to be maintained for the purpose. The amended rules say where any dowry is received by any person other than the woman and a complaint is received in respect of non-transfer of such dowry to the woman who is entitled to it in accordance with section 6 of the Act, the DPO would issue directions to the parties to transfer the same within stipulated time.
The rules say the State government would designate a senior officer of the concerned department as the Chief Dowry Prohibition Officer to administer and coordinate the work of DPOs and will be responsible for creating consciousness and awareness to prevent dowry system among the public.
Every government servant shall after his marriage furnish a declaration stating that he has not taken any dowry, the Head of the Department, it says. The declaration will be signed by his wife, father, mother, father-in-law and mother-in-law.
“This being a deep rooted social problem the effort by the State government alone cannot eradicate the dowry system either before or after the marriage but the present amendments are quite exhaustive providing more teeth to the Dowry Prohibition Officers making them more sensitive and responsive,” senior High Court lawyer Bibhu Prasad Tripathy reacting to the new amendment.
Mr. Tripathy said, “now the discreet and covert practice of dowry will not only be punitive but also preventive. It is high time the Central government must bring necessary amendments in the Act to raise the quantum of punishment.”
http://www.thehindu.com/todays-paper/tp-national/tp-otherstates/article2386729.ece
Heavy misuse of DV Act, wife obtains monetary relief of 5000/- from her in laws, husband died in 1992 :(
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1111 OF 2009
Smt.Banu Hashim Warunkar,
Age 35 years, Occ.: Household,
Residing at:- School Mohalla,
Mahabaleshwar, Taluka : Mahabaleshwar,
District: Satara …Applicant
(Original Applicant)
vs.
1) Abdul Rahiman Amin Warunkar,
Age 65 years, Occ.: Business,
2) Mrs.Mumtaj Abdul Rahiman Warunkar,
Age 60 years, Occ.: Household
and Business,
3) Shri Alimoon Abdul Rahiman Warunkar,
Age 30 years, Occ.: Business,
All residing at: 196B, School Mohalla,
Mahabaleshwar, Tal.: Mahabaleshwar,
District : Satara,
4) The State of Maharashtra …Respondents
(Original Opponents)
Mr.A.V. Anturkar i/b. Mr.Sugandh B. Deshmuch for the
Applicant.
Mr.A.V. Sakhare with Mr.Siddharth Karpe i/b.
M/s.Y.K.S. Legal for Respondent Nos.1 to 3.
Smt.V.R. Bhosale, APP for Respondent No.4-State.
2
CORAM : J.H. BHATIA, J.
DATED : AUGUST 17, 2010
ORAL JUDGMENT :-
1 Heard the learned Counsel for the parties.
2 Deceased Hashim, husband of the present
applicant, was son of respondent nos.1 and 2 and
elder brother of respondent no.3. According to the
applicant, she was married to Hashim on 28th March,
1989 and after the marriage, she was living with him
along with respondent nos.1, 2 and 3 in the same
house. On 3rd September, 1992, her husband died in a
motor accident. According to her, since 1985 her
husband was carrying on business of hotel at Mahatma
Gandhi Mini Market at Mahabaleshwar. He had obtained
licence in respect of gala/shop no.2 in the said
Mahatma Gandhi Mini Market from Municipal Council in
the name of the present applicant. After the death
3
of her husband, the applicant was carrying on the
business of hotel from gala no.2. Gala no.5 was
taken by Viren Veera on licence from the Municipal
Council. In the year 2006, father of the applicant
secured the said shop no.5 from Viren Veera in the
name of Aawez Hashim Warunkar, the son of the
applicant for which amount of Rs.1,27,000/- was paid
to said Viren Veera and thus, shop no.5 also came
in possession of the applicant and she was carrying
on business from shop no.5 also since 24th May, 2006.
According to her, respondent no.3 was not doing any
business or work and she was maintaining the whole
family including the respondents. From 14th March,
2007, respondent nos.1 to 3 began to sit in the
galas no.2 and 5. She objected the same. On 26th
March, 2007, when she was going to open the shop,
respondent no.3 abused and assaulted her for which
she lodged a report at the police station. On that
day, the respondent no.3 also took forcible
possession of galas no.2 and 5 and tried to remove
4
her from the room in which she was living.
3 In view of this circumstance, she filed
Application No.4 of 2007 on 23rd April, 2007 before
the Judicial Magistrate, First Class, Wai, under
Section 12 of The Protection of Women from Domestic
Violence Act, 2005 (_ Domestic Violence Act_ in
brief) in respect of Shop No.2 and on 27th April,
2007, she filed Application No.5 of 2007 under
Section 12 of the Domestic Violence Act before the
JMFC, Wai in respect of shop no.5. The learned
Magistrate called the report from the Protection
Officer under the provisions of the Act. The
evidence was led by both the parties. On the basis
of the material placed before him, the learned
Magistrate passed a common order in Application Nos.
4/2007 and 5/2007 on 23rd September, 2008 and
directed the respondent nos.1, 2 and 3 to handover
possession of the galas no.2 and 5 to the applicant.
However, the learned Magistrate rejected the prayer
5
of the applicant for compensation.
4 Being aggrieved by the said order, the
respondents filed Criminal Appeal Nos.138/2008 and
139/2008 while the applicant filed Criminal Appeal
Nos.145/2008 and 146/2008. The appeals filed by the
applicant came to be dismissed. The appeals filed by
the respondent nos.1 to 3 were allowed and the order
passed by the Magistrate directing the respondents
to hand over possession of galas no.2 and 5 to the
applicant was set aside. The learned Sessions Judge
held that the applicant had failed to prove that she
was running the hotel from galas no.2 and 5 and that
she was treated with violence and was dispossessed
causing monetary loss to her and her children. She
also noted that the applicant had nowhere claimed
any specific maintenance nor she had disclosed since
when she was living separately from the respondents.
The said order is challenged in the present
application under Section 482 of the Cr.P.C.
6
5 On perusal of the record, it appears that
there were in all three galas. Gala no.3 stands in
the name of respondent no.3. Gala no.2 stands in the
name of applicant and gala no.5 stands in the name
of her son. The learned Magistrate had appointed
Tahasildar as Protection Officer, as per the
provisions of Section 8, to make inquiry about these
galas and to submit a report. Accordingly, the
protection officer submitted the report. The report
was also sought from the Municipal Council,
Mahabaleshwar, by the Protection Officer about gala
no.2 as per his letter dated 29th July, 2007, Exhibit
75. The Municipal Council by letter dated 30th July,
2007 informed that shop no.2 had been given to the
applicant as a licensee. The receipts Exhibit 76 to
88 go to show that on 26th March, 2007, she was in
possession of Shop no.2. Similarly, the Protection
Officer_ s report also reveals that she is in
possession of Shop Nos.2 and 5 but now the
7
respondents are carrying on business at the same
place. The record also reveals that one Bharat Virji
Shah had transferred the said gala no.5 in the name
of Aawez. In view of the material on record, the
trial court came to the conclusion that the
applicant was in possession of gala nos.2 and 5 till
26th March, 2007 when she was driven out from the
same and at present, respondent nos.1, 2 and 3 are
carrying on the business at the same place. After
going through the oral and documentary evidence as
well as the protection officer_ s report, I find that
the findings of the trial court in this respect were
correct and the applicant was in possession of gala
nos.2 and 5 and she was dispossessed from the same.
6 The learned Sessions Judge observed that
the applicant had not established till what date she
was living together with the respondents, however,
if her applications are seen carefully, she has
clearly stated that from the time of death of her
8
husband in 2002, she was living jointly with the
respondents till 26th March, 2007 when she was driven
out from the shops and attempt was made to remove
her from the room, where she was living. In view of
the definition given in Section 2(f), _ Domestic
Relationship_ means a relationship between two
persons who live or have at any point of time, lived
together in a shared household, when they are
related by consanguinity, marriage, or through a
relationship in the nature of marriage, adoption or
are family members living together as a joint
family._ The applicant is related to the respondent
nos.1 to 3 due to her marriage with son of
respondent nos.1 and 2 and as per her evidence, she
was living with her husband since the date of
marriage on 28/3/1989 and though her husband died in
2002, she continued to live with the respondents
till 26th March, 2007. Section 3 defines domestic
violence and it provides that any act, omission or
commission or conduct of the respondent shall
9
constitute domestic violence in case it harms or
injures or endangers the health, safety, life, limb
or well-being, whether mental or physical, of the
aggrieved person or tends to do so and includes
causing physical abuse, sexual abuse, verbal and
emotional abuse and economic abuse. The _ economic
abuse_ is further explained in Explanation I (iv) as
follows :-
_ (iv) economic abuse_ includes-
(a) deprivation of all or any
economic or financial resources to
which the aggrieved person is
entitled under any law or custom
whether payable under an order of a
court or otherwise or which the
aggrieved person requires out of
necessity including, but not limited
to, household necessities for the
aggrieved person and her children, if
any, stridhan, property, jointly or
separately owned by the aggrieved
person, payment of rental related to
the shared household and maintenance;
(b) disposal of household effect,
any alienation of assets whether
movable or immovable, valuables,
shares, securities, bonds and the
like or other property in which the
10
aggrieved person has an interest or
is entitled to use by virtue of the
domestic relationship or which may be
reasonably required by the aggrieved
person or her children or her
stridhan or any other property
jointly or separately held by the
aggrieved person; and
(c) prohibition or restriction to
continued access to resources or
facilities which the aggrieved person
is entitled to use or enjoy by virtue
of the domestic relationship
including access to the shared
household._
7 In the present case, the applicant was
deprived of the possession of the shops/galas no.2
and 5 and thus, she was deprived of the income and
financial resources which were necessary for
maintenance of herself and her children and
therefore, the act and conduct of the respondent no.
3 in ousting her from gala nos.2 and 5 amounts to
economic abuse and therefore, it amounts to domestic
violence.
8 Section 18 of the Act provides for certain
11
protection orders to prohibit the respondent from
committing the domestic violence, etc. Thus,
Section 18 makes a provision for prohibitory orders.
Section 19 provides that while disposing of
application under Section 12(1), the Magistrate may,
on being satisfied that domestic violence has taken
place, pass a residence order to restrain the
respondent from dispossessing the aggrieved person
from the possession of the shared household and also
to secure the aggrieved party same level of
alternate accommodation as enjoyed by her in the
shared household or to pay rent for the same.
Section 19 does not make any provision for granting
injunction or any order for possession of any
commercial premises in favour of the aggrieved
party.
9 Section 20(1) provides that the Magistrate
may direct the respondent to pay monetary relief to
meet the expenses incurred and losses suffered by
12
the aggrieved person and any children of the
aggrieved person as a result of the domestic
violence and it includes the loss of earning,
medical expenses, loss caused due to destruction,
damage or removal of any property from the control
of the aggrieved person, etc. The applicant was
deprived of her possession over the gala nos.2 and
5, thus, loss of income has been caused to her.
Therefore, under Section 20(1)(a), the Magistrate
could pass an order to provide monetary relief or
compensation to her but there is no provision in the
Act under which the Magistrate could have passed an
order directing the respondents to give possession
of the commercial premises to the applicant.
10 In view of the legal position, the learned
Magistrate was wrong in directing the respondents to
hand over possession of the galas no.2 and 5. The
Sessions Court was right in setting aside the order
about possession but the Sessions Judge also
13
committed error in not passing any order granting
any monetary relief in respect of the deprivation of
the applicant from the possession of gala nos.2 and
5, which were source of income and the source of
maintenance for herself and her children. Therefore,
in my considered opinion, in the given
circumstances, certain monetary reliefs could have
been granted to the applicant. As far as the title
and possession of gala nos.2 and 5 are concerned,
that could not be decided under the provisions of
the Domestic Violence Act and the parties could be
relegated the remedy before the civil court.
11 At the time of hearing, Mr.Sakhare, learned
Counsel for the respondents, after taking
instructions made an offer to pay Rs.4000/- per
month as monetary relief to the applicant till her
title and right over the said shop is established by
appropriate civil court. However, Mr.Anturkar,
learned Counsel for the applicant contended that by
14
running business in the said shop, she could have
earned about Rs.10,000/- and therefore, monetary
relief of Rs.10,000/- per month should be awarded.
For this, the applicant would be required to work
for the whole day in the shops and after the hard
work, she could earn something. Besides this, during
the monsoon season, there may not be much business
at Mahalabeshwar and therefore, it be possible that
she could not earn anything during that period.
Taking into consideration all the facts and
circumstances, it would meet the ends of justice if
the respondents are directed to pay Rs.5000/- per
month as monetary relief to the applicant.
12 For the aforesaid reasons, the application
is allowed partly. While the order passed by the
Sessions Court setting the order passed by the
Magistrate is hereby maintained, the order passed by
the Sessions Court stands modified and the
respondents are hereby directed to pay monetary
15
relief at the rate of Rs.5000/- per month from May
2007. The arrears shall be paid by the respondents
within three months from this day and the monetary
relief in future shall be paid regularly upto 10th
day of the following month.
13 The applicant shall be at liberty to file
suit before the civil court to establish her title
and to secure possession of the gala nos.2 and 5. In
case, such a suit is filed, the trial court shall
expedite and dispose of the same, as early as
possible, on its own merits without being influenced
by any observation made in this judgment or by any
observations made by the courts below.
(J.H. BHATIA, J.)
http://bombayhighcourt.nic.in/data/judgements/2010/CRAPPLN111109.pdf
Women more likely to stray in relationships
London: Men may have been known for straying in relationships but the reality is women are more likely to get caught up in a love triangle, says a study.
Almost a quarter of women asked during the study were found to have been romantically involved with more than one individual at a time, while just 15 percent of the men admitted to two-timing, Daily Express reported.
Of those love triangles about 18 percent started on Facebook or Twitter.
In the survey of 2,000 people, it showed half of them believe one can be in love with more than one person at a time.
It was also learned that high earners are more likely to stray than those on lower wages.
According to Jo Hemmings, a relationship psychologist, while male love rats may be the biggest cheaters, driven by lust, opportunity and a misguided sense of entitlement, it is women, who tend to have a more complex view of relationships.
http://ibnlive.in.com/news/women-more-likely-to-stray-in-relationships/177937-19.html
DV Act and wife staying forcibly in Govt. Allotted quarters of Husband….Read further what happened :)
1$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 520/2011
IFCI LIMITED ….. Petitioner/Relator Through: Mr. Dinkar Singh, Adv.
Versus
NARENDER KUMAR ….. Respondent/Alleged Contemnor
Through: Mr. Amandeep Joshi, Adv.
CORAM:
HON’BLE MR. JUSTICE RAJIV SAHAI ENDLAW
ORDER
% 17.08.2011
1. This order is in continuation of the earlier order dated 21 st July, 2011. The counsel who was earlier appearing for the respondent / alleged contemnor states that he is no longer appearing in this matter and has returned the file. He however identifies the respondent / alleged contemnor and his wife Smt. Pushpa, present in Court in person.
2. The respondent / alleged contemnor appearing in person states that the Flat No.C-203, IFCI Staff Colony, Paschim Vihar, New Delhi is in occupation of his wife Smt. Pushpa and he himself was ousted from the said flat four years ago and has been residing at Faridabad for the last four years.
3. Smt. Pushpa appearing in person also confirms that the respondent / alleged contemnor is not residing in the said accommodation and states that he is residing with his parents. She also states that she has filed legal proceedings for maintenance and under the Protection of Women from Domestic Violence Act, 2005 against the respondent / alleged contemnor and which proceedings are still pending. She further states that the respondent / alleged contemnor has intentionally given an undertaking in this Court to vacate the accommodation so as to oust her from the said accommodation.
4. The counsel who had appeared for the respondent / alleged contemnor on 7th February, 2011, states that he was not instructed of the said position when the undertaking was given on that date to vacate the accommodation within two weeks.
5. The counsel for the petitioner / relator invites attention to the order dated 25th February, 2011 in complaint case filed by Smt. Pushpa under the Domestic Violence Act, in which, it was clarified that there is no stay against the dispossession of Smt. Pushpa from the aforesaid accommodation. He also invites attention to an undertaking dated 7 th April, 2011 stated to have been given by Smt. Pushpa to vacate the accommodation before 31st May, 2011.
6. On enquiry, the counsel for the petitioner / relator informs that on vacation of the accommodation aforesaid, the payment of pension to the respondent / alleged contemnor of approximately `15,000/- to `17,000/- per month shall commence. Finding that in the order dated 25 th February, 2011 (supra), it is recorded that petitioner / relator is holding retiral benefits of about `6,00,000/- of the respondent / alleged contemnor, the status thereof was enquired. It is stated that the same are towards arrears of pension / computation pension and which would also become payable to the respondent / alleged contemnor immediately on delivery of possession of the accommodation aforesaid.
7. The respondent / alleged contemnor appearing in person, after understanding from the counsel who was earlier appearing for him, has stated that for the lapse committed by him in not informing to the Court on 7th February, 2011 that in fact it was his wife who was in possession, he is willing that all the arrears of `6,00,000/- or more which are due to him from petitioner / relator, be released directly to his wife Smt. Pushpa for her benefit and benefit of his daughter, who is of marriageable age, and which amount be taken into consideration by the Courts where the other proceedings between the respondent / alleged contemnor and his wife Smt. Pushpa are pending.
8. Smt. Pushpa contends that the said amount of `6,00,000/- or more would not get her alternate accommodation. She states that the alleged contemnor is only 50 years of age and has another eight years of service left and should be made to work so that she can continue in the official accommodation.
9. However, neither can any such direction be given specially in these proceedings nor can Smt. Pushpa be allowed to continue in official accommodation when the alleged contemnor has sought retirement.
10. In the facts and circumstances, it is deemed expedient to grant time till 30th September, 2011 to Smt. Pushpa to vacate the aforesaid accommodation. She states that besides herself and her daughter Ms. Yogita aged about 27 years, none else is in possession of the said house.
11. Accordingly, it is directed:
(i) Smt. Pushpa to vacate the accommodation aforesaid on or before 30th September, 2011;
(ii) If she fails to so vacate the accommodation, the SHO, Police Station Paschim Vihar is directed to have the said accommodation vacated latest by 7th October, 2011; (iii) Upon vacation of the said accommodation, whether voluntarily or through police, the petitioner / relator to release the entire amount of `6,00,000/- or more due to the respondent / alleged contemnor in favour of said Smt. Pushpa on or before 31 st October, 2011. It is clarified that the respondent / alleged contemnor having made the statement in Court, the release of the said amount in favour of Smt. Pushpa will not be dependent upon the respondent / alleged contemnor signing any document or applying for computation of pension as was contended. It was further clarified that the arrears if any of licence fee / rent due with respect to the said accommodation be not deducted from the said amount and are to be adjusted / deducted out of the pension due in future to the respondent / alleged contemnor. (iv) As far as the future pension payable to the respondent / alleged contemnor is concerned, the release thereof by the petitioner / relator shall be subject to orders of the Courts in the other proceedings filed by Smt. Pushpa against the respondent / alleged contemnor. In the said proceedings, regard be also had to the amount of `6,00,000/- or more to be received by Smt. Pushpa under this order.
12. The petition is disposed of. No order as to costs.
RAJIV SAHAI ENDLAW, J
AUGUST 17, 2011
As Sheetal alleges torture, Mafatlals move court for anticipatory bail
After a spate of domestic violence complaints lodged by Sheetal Mafatlal, the estranged socialite daughter-in-law of the Mafatlals and second wife of Atulya Mafatlal, the family on Thursday sought anticipatory bail from sessions court.
Madhuri Mafatlal and her son Ajay moved the anticipatory bail application (ABA) on the grounds that the claims made by Sheetal are baseless. The plea will be heard on Friday. Sheetal has filed a police complaint against her ailing husband Atulya, mother-in-law Madhuri and brother-in-law Ajay. In her complaint, Sheetal has alleged that she suffered constant harassment, mental and physical cruelty and baseless slander by her husband.
The family relations, which went sour in 2005 over a property issue, got murkier after Sheetal’s 19-year-old stepdaughter Marushka filed a police complaint claiming Sheetal had removed 34 paintings by internationally known artists from the Mafatlal residence while her father was undergoing cancer treatment in London.
However, Sheetal claimed the paintings belonged to her and she was simply transporting them to a company to secure them from moisture. Marushka, who has written several letters to the Gamdevi police station, alleged she felt insecure in the presence of Sheetal and her “male friends” who frequented their plush bungalow on Altamount Road in south Mumbai.
According to Sheetal’s complaint, the family on July 5, had allegedly beaten her up with a cane and abused her. A complaint of cruelty and criminal breach of trust is registered against the family. Madhuri, however, in her bail plea claimed, “I was continuously tortured and harassed by Sheetal.”
Always the wife’s burden
The Bombay high court missed an opportunity to make history by striking down the archaic provision of adultery which is punishable under Section 497 of the IPC. The writ petition was filed by a person facing trial in a criminal court on a complaint filed by the husband for having sexual relations with his wife. It seemed that the husband had engaged the services of a detective agency to track down the wife’s movements.
The argument of the petitioner was that the section violates his fundamental right to have relations with a person of his choice, particularly since same-sex relationships have been decriminalised and since the Domestic Violence Act 2005 awards recognition to “living-in” relationships. Hence the archaic law has ceased to have any relevance in the contemporary context.
This argument did not cut ice with the bench comprising of Justices B.H. Mariapalle and U.D. Salvi who strongly felt that Section 497 is essential to preserve the sanctity of the institution of marriage. The court was of the view that in order to have sex with a person of one’s choice, it is imperative for the married spouse to first excuse herself from the contract of marriage.
But while upholding this premise, the bench failed to take note of the sexist premise on which the provision is based — that it views women as essentially the property of their husbands, a notion prevalent in the bygone era of Victorian England. Consequent-ly, having sexual relations with her violates the husband’s property rights which warrants a criminal punishment. Within this formulation, a man indulging in extra-marital sex with an unmarried woman does not warrant a similar punishment as it does not hurt the sentiments of a male-dominated society. The wife of such a man has no remedy in criminal law, as it appears that the sanctity of marriage is not violated by such lapses on the part of men, within a society premised on a patriarchal value system!
Ironically, while this petition was being heard in the Bombay high court, the adjacent Sessions Court appears to have been gripped with a similar concern. Since the famous Nanavati trial of 1959, where the husband was given a lesser punishment for killing the wife’s lover, on the ground that it was a crime of passion caused by “grave and sudden provocation”, this ground has been invoked to protect the husband’s prerogative which is a mere extension of the prerogative granted to him under Section 497. The Maria Susairaj-Emile Jerome murder trial also resonated with a similar concern, where this privilege was extended to a murderer who was not yet the husband but the woman was betrothed to him.
There have been challenges to Section 497 on the ground that it discriminates against men as it does not punish women engaged in extra-marital affairs. But within the patriarchal scheme, women are viewed as mere chattels and passive objects of men’s sexual pleasure and not active partners in crime. The Constitutional Bench of the Supreme Court in 1954 in Yousuf Abdul Aziz vs State of Bombay (AIR 1954 SC 321) upheld this notion using the constitutional mandate of Article 15(3) which provides for special protection to women. In 1985, in Sowmitri Vishnu vs Union of India (AIR 1985 SC 1618), it was contended that Section 497 is a flagrant instance of “gender discrimination” and “male chauvinism”, as it recognises only the husband of the adulteress as an aggrieved party but does not confer similar rights upon the wife of the adulterer. But the Supreme Court, once again, upheld its validity.
There have been recommendations by the Law Commission, the National Commission for Women and the Malimath Committee to make this section gender neutral and bring women within its purview. The high court, during the hearing of the present petition, also seemed to echo a similar sentiment. But this premise seems to be equally problematic as it will continue to criminalise sexual acts between consenting adults, which is essentially a matrimonial fault, like several other matrimonial faults in our statute books such as desertion, cruelty, unsoundness of mind, etc. The only solution is to give women’s adultery the same status as other matrimonial faults, including men’s adultery, and not to privilege it by awarding it the status of a “crime” on the pretext of “preserving the sanctity of marriage”.
The writer is a lawyer and director of Majlis in Mumbai; express@expressindia.com
http://www.indianexpress.com/news/always-the-wifes-burden/821124/0
Liquor, mobile phone misuse marring domestic peace
Crimes connected to alcoholism, mobile phone abuse and dowry appear to be on the increase in Kerala as they constitute a vast majority of cases coming before the state Women’s Commission.
Nearly 80 per cent of cases coming up before the Commission are related to liquor, dowry issues and mobile phone crimes, Justice D Sreedevi, Chairperson of KWC, said.
“Though people of different social and economic status approach the Commission on various matters, basic problems seem to be similar — liquor and dowry. Nature of those cases may be different. But they will surely have a connection with both these menaces in one way or other,” she said.
Most of the complaints from southern districts like Kollam and Thiruvananthapuram were related to domestic violence, she said.
Mobile phone crimes, especially cases of girls being pushed into love traps through phones, taking pictures without their consent and creating and distributing pornographic material have become serious problems which require urgent attention of law enforcers, she said. “These days, films, advertisements and television programmes often have an adverse impact on the moral concerns of the society. Obscene ads and film songs and vulgar dressing of anchors convey wrong messages to younger generation. Many parents lose control over their children due to the overspread of mobile phones and internet,” Sreedevi said.
The KWC has initiated a campaign against the display of obscene posters in public places and the tendency to portray women in a “vulgar” manner in visual and print media. “Our recently formed Media Monitoring Cell is closely watching the trends in various media and their approach towards women. The basic purpose of the initiative is to check circulation of porno literature, blue films, obscene ads and films. We are organising awareness seminars and discussions with media persons to invite the attention of general public to the menace,” she said.
Justice Sreedevi, who has been heading the Commission for the last four years, said the spurt in cases being registered showed the increasing awareness of people of the existence of forums like these. “The increasing number of cases coming before us is not at all a negative sign but the reflection of people’s increased awareness about their rights. As their awareness level increases, they will surely approach us when they feel that they are denied justice,” she said.
The KWC has received a total of 25,761 complaints since 2007, of which 23,245 had so far been settled. “Besides liquor and drug which were the main source of domestic problems, emotional immaturity and financial dependence also contribute to the plight of women,” she said. “The ‘spoon-fed young generation’, both boys and girls, are not trained to shoulder responsibilities or face difficulties in life. This makes them weak and incapable of taking challenges thrown up by life as they mature’,” she said.
http://www.indianexpress.com/news/liquor-mobile-phone-misuse-marring-domestic-peace/803009/0
Order for maintenance to woman set aside by sessions court
A sessions court has set aside a magisterial court direction to a man to pay a compensation of Rs 1.5 lakh to his wife for subjecting her to domestic violence, saying that the order was not based on proof, but merely on claims and counter-claims.
“The trial court is expected to give findings on facts and evidence on record and not on basis of claims and counter-claims. Since the findings of the trial court are given merely on the basis of affidavits, the impugned order cannot sustain,” Additional Sessions Judge Santosh Snehi Mann said.
She also asked the magisterial court to examine afresh walled city resident Monika Gupta’s allegations that she faced domestic violence at the hands of her husband and in-laws.
The metropolitan court had awarded a compensation of Rs 1.5 lakh and a monthly maintenance of Rs 2,500 to Monika who had moved the court against her husband Anshu Gupta and his seven relatives under the Domestic Violence Act.
She had also alleged that they had been harassing her through various methods, including lodging complaints with her employer, due to which she was thrown out of job and lost her source of income.
In his appeal against the March 2010 order of the trial court, Anshu contended that the findings of the court were not based on any evidence.
The ASJ noted the trial court had given its findings on various disputes between the parties on basis of claims and counter-claims made in their affidavits.
It observed that the parties to the case were also not given the opportunity to cross-examine each others’ witnesses, which is a basic procedure for leading evidence and right of the opposite party.
http://www.indianexpress.com/news/order-for-maintenance-to-woman-set-aside-by-sessions-court/779970
The Battered Half
http://www.indianexpress.com/news/the-battered-half/799171/0
Condoning domestic violence is also a form of abuse
A couple of years ago, I directed a stage play about two affluent urban couples, one married and the other courting. The courting couple has a highly tempestuous relationship and in one disturbing scene, the man strikes the woman in anger. This financially independent, single woman is then confronted with a dilemma to either stay or walk out. The play ends with her eventually electing to make a go of the relationship, forgiving the man this one act of physical violence.
A few weeks later, at a dinner party, I met a highly successful industrialist, who had recently remarried. He introduced me as the director of this play to his lovely and sophisticated wife. I was taken aback when she launched a vitriolic attack on not only the production but also on me, personally, for having been a part of it. Her husband took me aside and tried to apologise for her tirade, explaining she had been a victim of domestic abuse in her previous marriage.
Jolted out of complacency, I decided to learn more about this malaise, which exists in every strata of society.
I started by getting involved with the Bell Bajao campaign (www.bellbajao.org) initiated by Mallika Dutta at Breakthrough, an organisation that has done remarkable work in not only creating awareness on domestic abuse but also giving hope to millions of battered women across India.
Most of us have heard of maidservants who are beaten regularly by their alcoholic husbands. Emasculated cowards, who are frustrated at their own inability to hold a job and resentful of the fact that a woman has become the family breadwinner.
What is now becoming well known but is still not so openly discussed, is the domestic abuse perpetrated on and tolerated by a large number of educated, affluent women.
Domestic abuse goes beyond just physical violence and also includes sexual, psychological, verbal or financial violation of a spouse or partner.
Statistics compiled by Bell Bajao reveal that 45 per cent of Indian women have suffered at least one incident of physical or psychological violence in their lifetime, which indicates just how widespread this problem is.
A staggering 55 per cent of women in our country think spousal abuse is warranted as they are conditioned to accept domestic violence as an intrinsic part of married life.
What we need to understand is that domestic violence is not just a woman’s issue. In order to effectively counter this problem, both sexes have to work in tandem to change cultural norms.
It is vital for each one of us to not only provide every kind of support to the victims but also to hold abusers accountable by outing them in society, shaming them and reporting them to the authorities.
It is high time we realised that condoning an act of domestic violence is also a form of abuse. And by that definition, we are all complicit in this crime.
Fahad Samar is a filmmaker, inveterate traveller and intrepid chronicler of society
(samarofdiscontent@gmail.com)
Split in air, woman sells off hubby’s car
In A bitter fallout in a marital dispute, a man has lodged a criminal complaint against his estranged wife, accusing her of deceitfully selling of his car. The Ahmedabad Metropolitan Court has now ordered the Anandnagar police station to hold an inquiry in the episode and submit a report within a month.
Both husband and wife hold senior positions in their respective professions. Piyush Agrawal is a general manager in a leading pharmaceutical company and Ruchi Bhatia is a Trade Commissioner in a foreign embassy. Both are based in Ahmedabad. The couple had got married in 1995 and have a daughter.
According to the details available, Piyush purchased a Wagon R car in 2002. From 2004, the couple started having differences and tried to sort things out through different means. But their relationship worsened in April 2011 when Ruchi lodged a complaint against Piyush under the Prevention of Domestic Violence Act. Following the complaint, Piyush started living separately.
Piyush’s lawyer Shamshad Pathan said that recently his client came to know that Ruchi, who was using the car, had sold it off to another person in Ahmedabad in 2009 by forging Piyush’s signature.
Pathan said: “While the marital dispute was aggravating, Piyush noticed the absence of the car and made constant inquiries about the same to Ruchi. But she avoided answering the queries under one or the other pretext. It was only after Piyush inquired about the ownership of the car with the RTO that he came to know that Ruchi has sold it off to one Kamlesh Korani in 2009 by forging his signature.”
He added, “Piyush lodged a complaint with the police to register an offence of cheating against Ruchi, but when the police did not act upon the complaint, we lodged a court complaint.”
In his court complaint, Piyush has also produced a copy of the receipt of the amount accepted by Ruchi to sell the car whereby she has allegedly forged his signature. Pathan added that the Metropolitan Court has ordered the Anandnagar police to inquire into the issue and submit a report within 30 days.
http://www.indianexpress.com/news/split-in-air-woman-sells-off-hubbys-car/810193/0
Hubby’s unemployed status affects marriage, but wife’s doesn’t
A study has found that while social pressure discouraging women from working outside the home has weakened, pressure on husbands to be breadwinners largely remains.
The research, led by Liana Sayer of Ohio State University, was designed to show how employment status influences both men’s and women’s decisions to end a marriage.
According to the study of employment and divorce, a woman’s employment status has no effect on the likelihood that her husband will opt to leave the marriage. An employed woman is more likely to initiate a divorce than a woman who is not employed, but only when she reports being highly unsatisfied with the marriage.
The results for male employment status on the other hand were far more surprising.
For a man, not being employed not only increases the chances that his wife will initiate divorce, but also that he will be the one who opts to leave. Even men who are relatively happy in their marriages are more likely to leave if they are not employed, the research found.
According to researchers, taken together, the findings suggested an “asymmetric” change in traditional gender roles in marriage.
“These effects probably emanate from the greater change in women”s than men”s roles,” the researchers said.
“Women”s employment has increased and is accepted, men”s nonemployment is unacceptable to many, and there is a cultural ambivalence and lack of institutional support for men taking on ”feminized” roles such as household work and emotional support,” they added.
The research used data on over 3,600 couples taken from three waves of the National Survey of Families and Households. Waves were conducted in 1987-88, 1992-94, and 2001-2.
The study will be published in the American Journal of Sociology.
Shriver to gain $350m in divorce!
Maria Shriver, who filed for divorce from actor Arnold Schwarzenegger this month, is likely to walk away with more than $300 million.
Shriver, who was married to Schwarzenegger for over 25-years, filed for divorce from the actor-politician after it was revealed that he cheated on her and fathered a love child with the house keeper. The couple have four children.
A settlement agreement has been under discussion for months between lawyers for Schwarzenegger and his soon-to-be ex-wife, RadarOnline reported.
Under California law, all assets obtained during the marriage are split 50/50. The ‘Terminator’ star is said to be worth between $500 and $700 million which means that Shriver could walk away with up to $350 million or more. “Arnold realizes he is to blame for the collapse of his marriage. Maria was a loving wife and mother, and he doesn’t think that any amount of money can minimize what he has put her through,” a source told the website.
“He wants to do the right thing, and go above and beyond what is required of him under the law. This is going to be a very amicable divorce, and it won’t be played out in the media. Neither one of them wants that. Arnold hasn’t lost his mind, he is going to be giving away his fortune to her. He wants to show his children that he is taking responsibility for his actions,” the source added.
The couple is likely to settle for joint physical custody of their minor sons Patrick, 17 and Christopher, 13.
http://www.indianexpress.com/news/shriver-to-gain-350m-in-divorce/813503
Casting aspersion on spouse’s character worst form of cruelty: HC
Casting aspersion on the character of spouse is the worst form of cruelty and amounts to mental torture, the Delhi High Court has ruled while granting divorce to a woman from her husband.
“As per the settled legal position, casting such aspersions on the character of the spouse has the effect of causing deleterious effect on the mind of such spouse and the same is the worse form of cruelty,” Justice Kailash Gambhir said while setting aside a lower court’s ruling which had dismissed a woman’s plea for divorce.
“The physical beating by the husband on many occasion by itself constitutes cruelty, but the scandalous allegation levelled by him attacking the moral character of the wife or attributing her relationship with some sadhu certainly amounts to worse form of cruelty in the absence of any corroboration to such allegations,” the judge said.
The court’s ruling came on an appeal by the woman challenging the lower court judgment dismissing her plea for divorce on the ground that her husband suspected her fidelity and accused her of having an extra-marital relation with a sadhu.
The high court also censured the lower court for dismissing the woman’s plea.
“This court fails to comprehend as to how such a view could be taken by the trial court as clearly serious and malicious allegations of the wife having relationship with one sadhu and her staying out of the house during nights also levelled by the husband,” the judge wondered.
According to the woman, she got married as per the Hindu rites in 1980 and after two years of the marriage she was blessed with a daughter.
She said her husband’s attitude suddenly changed after the birth of her daughter as he expected a son. Besides beating her, the husband had accused her of having an affair with a sadhu, she claimed.
Man’s penis cut off, put through garbage disposal
A Southern California woman was in police custody Tuesday after authorities said she drugged her estranged husband, tied him to a bed, cut off his penis and put it through a garbage disposal.
Garden Grove police Lt. Jeff Nightengale said that Catherine Kieu Becker drugged a meal and served it to the victim, whose name was not released, shortly before the attack Monday night.
Nightengale said the 51-year-old man felt sick, went to lie down and lost consciousness. The 48-year-old Becker then tied the victim’s arms and legs to the bed with rope, removed his clothes and attacked him with a 10-inch (25-centimeter) kitchen knife as he awoke, Nightengale said.
“He was conscious when his penis was removed,” Nightengale said.
Nightengale said Becker put the penis in the garbage disposal and turned it on.
Becker called the emergency dispatcher and indicated to arriving officers that the victim was in the next room, Nightengale said. Paramedics found him tied to the bed, bleeding profusely.
Bail for Becker was set at $1 million after she was booked at the Orange County Jail for investigation of aggravated mayhem, false imprisonment, assault with a deadly weapon, administering a drug with intent to commit a felony, poisoning and spousal abuse.
The victim underwent surgery and was in serious condition at the University of California at Irvine Medical Center in Orange. Nightengale said the man is expected to survive.
A call to a hospital spokeswoman was not immediately returned.
Becker was taken into custody without incident, although she would not talk to officers, Nightengale said.
Becker is due in court Wednesday. A telephone listing for her residence could not be located and no one was home in the apartment.
Neighbor Lourdes Painter said the couple had been married since December, did not have any children and seemed very quiet. Becker and her husband lived in a second-story condo in the working class complex. Painter lives in the unit below them.
The couple was reportedly in the process of a divorce.
Nightengale said a database search showed no previous calls to the house for any past problems. He didn’t know what kind of food the couple ate for dinner.
No private attorney was listed on booking documents. If Becker seeks a public defender, one could be appointed at her first court appearance.
In 1993, Lorena Bobbitt, cut off her husband’s penis (which acquired the infamous term ‘bobbitised’ later on) in Virginia. She claimed years of sexual abuse drove her to the attack, and she was acquitted by reason of insanity.
http://www.indianexpress.com/news/mans-penis-cut-off-put-through-garbage-disposal/816878/0
22 yrs’ separation not enough for divorce: HC
The Delhi High Court has said that it is the ‘solemn duty’ of the husband and the in-laws to give wives a friendly and affable environment, instead of treating her like an outsider — forcing her to break away from the marriage.
Justice Kailash Gambhir said a husband and his family must not forget that somebody who leaves her parents and friends to enter a new home has certain expectations from her marriage, and she should receive some respect from them.
The judge further ruled that a man cannot be allowed to obtain a decree of divorce on the ground of desertion by his wife, even after 22 years of separation, when he and his family are the ones who forced the woman to leave home. Adjudicating on the contention of the two-decade-long separation, he further held that this could alone cannot be enough to grant divorce because the legislature was yet to introduce irretrievable breakdown of marriage in the Hindu Marriage Act as a ground for divorce.
The court was adjudicating an appeal by a man, who had challenged a trial court order refusing to annul his 27-year-old marriage.
The couple had married in February 1987, and a daughter was born the next year. According to the husband, the woman abstained from fulfilling her matrimonial obligations, and never seemed to be satisfied. The petition also alleged that she refrained from indulging in “normal” physical intimacy, and therefore caused him a great deal of mental agony.
According to the husband, she had abandoned her matrimonial home and started living with her parents without sufficient cause, even though he took several steps towards effecting a reconciliation.
The woman, however, countered the allegations by saying she was forced to go back to her parents’ house because of her husband and in-laws’ behaviour. Also, they were not happy with the dowry they got from her in-laws, and the birth of a daughter only made matters worse.
http://www.indianexpress.com/news/22-yrs-separation-not-enough-for-divorce-hc/819258/0
Passport office asks divorcee to revert to maiden name
A woman, who divorced her husband eight years ago, was in for a rude shock when she approached the passport office only to be told that she no longer can use her marital name in the passport.
In a judgment passed in 2010, the Bombay High Court ordered one Neelam Shewale to give up her husband’s surname after divorce. The passport office seems to have implemented the judgment as a blanket rule and claims a divorced woman can no longer retain her husband’s name.
“I was married for over 25 years and all my documents, including PAN card, Ration Card, driving license etc, had my husband’s last name. For the last eight years, I have been divorced but I continued using my husband’s surname without any hassle. Last month, when I approached the Regional Passport Office, they refused to issue me the passport and insisted I went back to my maiden name,” the woman said.
She has now filed a series of RTI applications to find out if the RPO had received any order from the Central government regarding the issue. “I wrote several letters to the officer asking if a law exists which requires a divorcee to revert to her maiden name. There has been no reply so far,” she adds.
Last year, the High Court had ordered Neelam to stop using her former husband’s surname. But that was a stray case, legal experts say.
“In that case, the High Court upheld the order of a family court. However, there is no such blanket rule so far. The court in its judgment did not make any observation in general where women have to give up their husband’s name after divorce,” said Women’s Rights Lawyer Flavia Agnes.
The passport office said it was unaware of any such incident. “I will have to look into the case and find out what had happened,” said Regional Passport Officer Vinoy Kumar Choubey. However, he added, ever since the High Court order, passport office has been overly vigilant and forward such issues to its legal department.
This is not a one-off case. Another divorcee faced similar problem last September when she approached the office to get her passport renewed. However, after she confronted the regional officer, her passport was renewed retaining her husband’s name.
“It’s the woman’s wish to continue or discontinue with her married name. After using my husband’s name for a decade, it’s not easy to change it overnight,” the woman said.
With no guidelines in place and no reference to the High Court order, lawyers feel the order has been misinterpreted and causes unnecessary hassle.
“Until the husband raises an objection, there should be no reason for officers to deny any woman her right to use her married name. It’s arbitrary,” says Flavia.
http://www.indianexpress.com/news/passport-office-asks-divorcee-to-revert-to-maiden-name/826238/0
More divorced couples going to war over custody of their pets
They said the trend was most common among separating partners without children when four-legged friends take on an increasingly important role in family life.
Tindall Gask Bentley partner and family law specialist Jane Miller said pets usually entered divorce negotiations when property agreements were being discussed.
This includes one client of Tindall Gask Bentley who settled for 10,000 dollars less from her ex-husband to keep the couple’s two dogs.
“People are reaching formal agreements, that the pet may live with one person once a week and the other another week, or doing quite a big trade off so they can keep a pet,” the Daily Telegraph quoted Miller as saying.
“It’s usually something that’s done outside of court, through a document of consent, where a pet is listed as an asset and the court endorses an agreement,” he said.
One party cannot withdraw consent for divorce: HC
The Bombay High Court has held that “before the decree (of divorce by mutual consent) is passed, one party cannot be allowed to unilaterally withdraw the consent if the other party has already acted upon the consent terms either wholly or in part to his or her detriment.”
A Division Bench of Justice A M Khanwilkar and Justice Mridula Bhatkar observed that the court can allow one of the litigating spouses to backtrack from the agreements made for a divorce by mutual consent only if there is a reason good enough for it and the rights of the other party are not prejudiced.
The court was hearing an appeal filed by a Pune-based couple that had been separated since 2006. They were married in August 1993 and have two children. Initially, the petition for divorce was filed by the wife on the grounds of cruelty. There were other complaints filed by her under Section 498-A (harassment) of the IPC.
On October 6, 2008, however, the husband and wife agreed for a divorce by mutual consent and the wife withdrew the criminal complaints lodged against the husband. She also relinquished her right for alimony and agreed to transfer the property in her name to that of her husband. While the custody of both the children was given to her she had agreed to let him have access to them on weekends and during school vacations.
However, at a later stage the husband refused to seek a divorce by mutual consent contending that the consent terms were not irrevocable. He said his wife had faulted on granting him access to their children. However, the wife informed the court that he failed to meet the children as he was facing criminal charges in some other case and was in jail on the day he was supposed to meet them. On March 31, 2009, the family court in Pune granted the couple a divorce by mutual consent.
Agreeing with the family court’s order, the judges held that the wife had “performed her obligations and committed herself to waive the claim of maintenance for herself and also streedhan including to withdraw civil and criminal actions initiated by her against the appellant (husband). Even for this reason, the appellant cannot be permitted to withdraw his consent as it would result in bestowing premium on the appellant in spite of his unjust and inequitable request to allow him to unilaterally withdraw the consent.”
http://www.indianexpress.com/news/one-party-cannot-withdraw-consent-for-divorce-hc/787742/0
Women gain weight after marriage, men after divorce
It seems that marriage and divorce are both bad for the waistline — while women are most likely to gain weight after tying the knot, men tend to pile on the pounds following a break-up, researchers said.
A new study of more than 10,000 people surveyed between 1986 and 2008 found that both marrying and getting divorced can have a “weight shock” effect that leads to rapid weight gain, especially in over-30s.
But the researchers said there was a marked difference between men and women in which marital event was the most traumatic on the waistline.
In fact, the researchers used data from the survey in which men and women were weighed every year to see how many pounds they gained or lost in the two years following a marriage or divorce.
Up to the age of 30 there was little impact on the weight of either men or women, but after this point the probability of weight gain after marriage or divorce began to rise steadily until the age of 50.
Both sexes were more likely to gain weight in the two years after a divorce or marriage than someone who had never been married, the study showed.
Dmitry Tumin of Ohio State University, who led the study, was quoted as saying, “Clearly, the effect of marital transitions on weight changes differs by gender. Divorces for men and, to some extent, marriages for women promote weight gains that may be large enough to pose a health risk.”
The impact was greatest on older people as a marriage or divorce comes as a greater shock later in life, he added.
The study, however, is not clear why men’s and women’s waistlines respond differently to marriage and divorce.
But Prof Zhenchao Qian, one of the researchers, said: “Married women often have a larger role around the house than men do, and they may have less time to exercise and stay fit than similar unmarried women.
“On the other hand, studies show that married men get a health benefit from marriage, and they lose that benefit once they get divorced, which may lead to their weight gain.”
http://www.indianexpress.com/news/women-gain-weight-after-marriage-men-after-divorce/835338/0
निकाह से मना किया तो प्रेमिका ने की प्रेमी के भाई की हत्या
बिजनौर।। निकाह से मना करने पर प्रेमिका ने सहेली की सहायता से प्रेमी के 6 साल के भाई की गला घोंटकर हत्या की। पुलिस सूत्रों के अनुसार थाना नूरपुर के मौहल्ला हजरतनगर में रहने वाले सुलेमान का 6 साल का बेटा अरमान गुरुवार को घर से गायब हो गया था। काफी तलाश के बाद भी जब वह नहीं मिला तो इसी मकान में किराए पर रह रही रेशमा पर शक जाहिर किया गया।
पुलिस पूछताछ में रेशमा ने खुलासा किया कि अरमान के बड़े भाई उस्मान से उसके प्रेम संबंध थे लेकिन वह निकाह से इनकार कर रहा था। रेशमा अपनी सहेली गुलिस्तां की मदद से अरमान को फुसलाकर गन्ने के खेत में ले गई जहां दुपट्टे से उसकी गला घोंटकर हत्या कर दी।
शुक्रवार शाम पुलिस ने अरमान का शव बरामद कर लिया है।
http://navbharattimes.indiatimes.com/articleshow/9670682.cms
No doubt about Sen’s guilt: Ex-CJI Balakrishnan
Attacked by Justice Soumitra Sen for wrongly recommending his impeachment, former Chief Justice of India K G Balakrishnan today said there is no doubt about the Calcutta High Court Judge’s guilt.
“There was ample proof against him. Many committees found him guilty. Though the impeachment is a sad chapter in our judicial history, he left us with no alternative. He was throughout trying to mislead everybody,” Justice Balakrishnan told The Indian Express.
As CJI, it was Justice Balakrishnan who had recommended Sen’s impeachment in a letter to Prime Minister Manmohan Singh on August 4, 2008.
Presenting his defence before the Rajya Sabha on August 18, Sen had accused Balakrishnan of wrongly recommending his impeachment despite lack of proof. On the contrary, he had added, the former CJI had swept serious charges against other Judges under the carpet.
Justice Sen had also alleged that Balakrishnan and two other seniormost Judges of the apex court — Justices B N Agrawal and Ashok Bhan — had asked him to take VRS so that he could be adjusted in some public sector undertaking.
Asked about this, the ex-CJI said: “What VRS? And, how could we offer to get him a job in some PSU? Where is our power to get something like this done? On 16th March, 2008, I called him to my house where Justice Agrawal and Justice Bhan were also present. We reiterated the advice given to him to submit his resignation or seek voluntary retirement. We told him that with the kind of charges against him, while it may not be possible for him to return to active practice, he could always try for a job in the public sector. However, on March 26, 2008, he wrote to me, expressing his inability to tender resignation or take voluntary retirement. It was then that I wrote to Prime Minister.”
Asked for his reaction to Justice Sen’s claim that the “in-house” procedure was unconstitutional, Justice Balakrishnan said the procedure had been adopted by the Supreme Court and high courts.
On whether he agreed with the unanimous opinion of the political class — as was evident from the Rajya Sabha debate on Sen’s impeachment — that the collegium system of appointment of judges had failed, Balakrishnan said: “They can have an opinion. Let them try another system.”
The former CJI also disclosed that in light of the fact that Sen, whose conduct as a lawyer left much to be desired, became a Judge, the collegium changed the performa that lawyers being considered for elevation to the Bench had to fill. “While earlier, lawyers had to give details only about cases, if any, against them or conviction, after Justice Sen’s experience, we changed the performa. Now we ask them to also inform us if they had ever been appointed receiver by any court and if they were keeping any monies with regard to that receivership. Also, if they were in any litigation about the receivership or any loan,” said Balakrishnan.
http://www.indianexpress.com/news/no-doubt-about-sens-guilt-excji-balakrishnan/835152/0
HC leash on police bodies’ agitation plan
CUTTACK: The High Court on Friday directed the Orissa Police Association, Orissa Havildar, Constable and Sepoy Confederation and All Orissa Judicial Officers’ Association to restrain themselves from going on strike or rallying in connection with the alleged police assault on a judicial magistrate at Rourkela.
The court directed all the three associations not to take law into their own hands as the matter is sub-judice. The high court bench comprising Chief Justice V Gopalagowda and Justice B N Mohapatra also directed the associations not to make any statement before the media in the matter until further orders from the court.
The directive followed a PIL filed by a lawyer Dayanidhi Lenka, seeking a probe against the erring police official.
The court’s direction came in wake of the recent statements made by police associations that they will go on strike demanding revocation of the suspension order of their colleague. CUTTACK: The High Court on Friday directed the Orissa Police Association, Orissa Havildar, Constable and Sepoy Confederation and All Orissa Judicial Officers’ Association to restrain themselves from going on strike or rallying in connection with the alleged police assault on a judicial magistrate at Rourkela.
The court directed all the three associations not to take law into their own hands as the matter is sub-judice. The high court bench comprising Chief Justice V Gopalagowda and Justice B N Mohapatra also directed the associations not to make any statement before the media in the matter until further orders from the court.
The directive followed a PIL filed by a lawyer Dayanidhi Lenka, seeking a probe against the erring police official.
The court’s direction came in wake of the recent statements made by police associations that they will go on strike demanding revocation of the suspension order of their colleague.
HC lawyers refuse to represent cops
CUTTACK: The alleged assault on a judicial magistrate by a police officer at Rourkela took a new twist on Monday, with the members of high court bar association refusing to take up the case of Orissa Police Association and Orissa Havildar, Constable and Sepoys’ Confederation in the high court.
In its hearing to a PIL, seeking probe in the matter and demanding stringent action against the erring police officer, the high court on April 9 directed the warring organizations — Orissa Police Association and Orissa Havildar, Constable, Sepoys’ Confederation, Orissa Judicial Officers Association and Orissa High Court Bar Association to file counters in the matter on Monday. But since no lawyer agreed to take up the matter, the secretaries of the respective police and constable association had to submit their affidavit to the court in person.
In the affidavit, the police associations had mentioned that they have approached many lawyers to take up their case in the court. But all of them had refused. So they were forced to file the affidavit themselves. “We informed the court that no lawyers were ready to argue the case in our favour. So, the court has granted us one week’s time to appoint a lawyer for ourselves,” said Sunil Mohanty, secretary of Orissa Police association.
Meanwhile, the Orissa judicial officers’ association and the Orissa High Court Bar Association had submitted their reply in the matter. “The police associations had pleaded in court to allot a lawyer to them since no one was ready to represent them in the case. However, the court declined and granted them one week’s time to appoint a lawyer for themselves. The matter will be heard next week,” said petitioner and lawyer Dayanidhi Lenka.
Rourkela judge assault probe starts
CUTTACK: A judicial commission led by retired high court judge Justice A S Naidu on Saturday started its probe into the alleged assault of a judicial magistrate in Rourkela by a police officer.
Various stakeholders of the case including the Rourkela bar association, the state government, judicial magistrate Arun Pattnaik and D N Lenka, who had filed the PIL in the judge assault case in the high court, appeared before the commission at its first through their counsels.
JMFC Arun Kumar Patnaik was allegedly assaulted by local police inspector Sadananda Pujari on April 2. The incident had evoked a state-wide protest by the lawyers, including that of the high court here, which paralyzed judicial activities in the State for over a week. After this, the state government had formed a judicial commission to probe into the matter.
After hearing the counsels of the various parties on Saturday, the commission has decided to visit Rourkela on September 3. In the meantime the commission has received 36 affidavits in the matter. However, the state government has sought one week’s time to file its affidavit in the matter and the commission granted it.
“A stipulated time of three months has been granted to the commission to complete the probe. We will try our best to complete the hearing of the matter within the stipulated period,” said K N Panigrahi, secretary of the commission.
Wife deserts husband and stays live-in with lover….but HC finds fault with husband and the live-in person!!! Great Indian Judicial System
AHMEDABAD: The drama in real life can far surpass the reel life, as a case involving a city-based coupled heard in the Gujart high court shows. The dark details of metro life emerged when the husband, Ramesh Christian, filed a habeas corpus petition in the high court to get his wife back. Ramesh and Ramila were married for two years, but of late, the wife was not living with him.
However, when she appeared, Ramesh refused to live with her again saying that he was a Roman Catholic and she a protestant. The court did not buy the argument and probed further into the case. It turned out that the couple had a love marriage and their relationship went back to college. But Ramila had a live-in relationship with a student Nirajgiri Goswami in Rajkot.
Ramesh’s petition said he feared that she was intimate with the boy. In the court, even Ramila refused to go back to Ramesh saying her in-laws ill-treated her and so she had gone to her parents’ place in Maninagar. She told the court that Goswami forced her into a relationship and took her to Rajkot, proclaiming himself her ‘boyfriend’.
Ramila told the court that Goswami did not allow her to contact anybody. It was only after Goswami received court notice, that she managed to escape and attended the proceeding. On the other hand, Goswami told the court that Ramila and he were in a live-in relationship with her consent. Ramila countered him saying Goswami had forced her to sign a maitri karaar (friendship contract) and said even the signature on this contract was not correct and produced a photocopy for verification.
The judges verified her original signature with the one on the document, and concluded that they were different. In the end, the court found that the petition was not genuine and imposed penalty of Rs 25,000 on the husband, and the amount was ordered to be paid to his wife. The court also observed that the woman should have lodged complaint against the self-proclaimed boyfriend, Goswami for various offences. The police authorities have been asked to take appropriate steps to protect the interest of the woman and to book the ‘boyfriend’.
NFHS postcard campaign to include Judiciary in Lokpal and discussion on Lokpal: How relevant it is for our movement?
Centre homes in on Sec 498A of IPC as men plead for cover against harassment law
Home Ministry writes to Dashrath Devda of Akhil Bhartiya Patni Atyachar Virodhi Sangh, says Law Commission is looking into it
Following hundreds of applications from men peeved over the alleged misuse of Section 498A of Indian Penal Code (IPC) meant to protect women, the judicial cell of Union home ministry has issued an advisory to state governments “to take effective measures for prevention of misuse of the legal provision” and also referred the matter to the Law Commission “to study the usage of the provision to suggest amendment, if any”.
Section 498A of the IPC provides protection to married women against harassment from their husbands and in-laws. Under the provision, police can arrest any member of a woman’s in-laws’ family against whom she makes an allegation of harassment.
The Section reads, “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.”
The Union home ministry has conveyed the development in a letter to Ahmedabad-based men’s rights activist Dashrath Devda, who has been fighting for an amendment in Section 498A of the IPC.
Devda heads Akhil Bhartiya Patni Atyachar Virodhi Sangh (All India Federation Against Atrocities by Wives), an organisation based in Ahmedabad.
He had unsuccessfully staged a hunger strike in Delhi against the alleged pro-women laws, including Section 498A of the IPC.
To press his demand, he had also filed a public interest litigation in the HC, which dismissed the plea and fined him while calling his petition frivolous.
Subsequently, Devda submitted a memorandum in this regard to the authorities in Delhi. As a reply, he has now received the letter from the judicial cell of the Union home ministry.
The letter reads, “An advisory has been issued to be state governments by this Ministry to take effective measures for prevention of misuse of Section 498A of the IPC. The matter has also been referred to Law Commission of India to study the usage of Section 498A of IPC and suggest amendments, if any, to the provision.”
Sources in the Union home ministry said they receive a number of applications with reference to the alleged misuse of section 498A of IPC. On the basis of 200-250 such applications, they had referred the matter to the Law Commission in 2009, they said, adding that in 2010, the ministry again referred the matter to the Law Commission for a comprehensive study of the grievances and to suggest amendment, if any. Subsequently, the Law Commission had demanded related data from the state governments.
NFHS MEMO to President Regarding misrepresentation of facts by Minister for WCD on “Protection of women from domestic violence act”
19th Aug 2011/ Bangalore
To,
Honorable President of India,
President’s Office,
Rashtrapati Bhavan, New Delhi – 110011
Subject: Regarding misrepresentation of facts by Minister for WCD on “Protection of women from domestic violence act”
About National Family Harmony Society®: “National Family Harmony Society®” NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 16500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.
Dear Madam,
We want to register our strong protest against the gross mis-representation of data by Union women and child development minister Krishna Tirath in the Lok Sabha on 19th August2011. Kindly refer to the below news article.
http://www.deccanherald.com/content/184815/40-percent-married-women-face.html
As per this news, the minister has informed the Lok Sabha that a total of 5,788 cases were registered under the Protection of Women from Domestic Violence Act in 2007, 5,643 cases in 2008 and 7,802 in 2009. And she goes on to conclude that only women are victim of Domestic Violence and that 40% of married women suffer domestic violence.
The factual position lakhs of Husbands are victim of Domestic violence and cruelty from their wives. If we look at the data of family courts in different part of country then, lakhs of husbands all over India have got divorce from their wife under section 13(ia) i.e. divorce on the ground of cruelty. That is a clear indication that husbands are also victim of cruelty and domestic violence at the hands of their wives. The irony is that under the Protection of Women from Domestic Violence Act, only WOMEN can file complaint and there is no provision for MEN to file complaint under the said Act against their wife.
Under such circumstances the answer given by the Minister to the Lok Sabha is totally misleading, distortion and misrepresentation of facts. First of all Government has made no attempt to collect any kind of data regarding violence from WOMEN to MEN. The Protection of Women from Domestic Violence Act has been enacted by the parliament assuming that only WOMEN can be victims of Domestic Violence which is totally misconceived.
When only WOMEN can file a complaint under the said Act and there is no provision for MEN to file a complaint then how the minister can come to the conclusion and project that 40% of the married WOMEN are suffering as if all husbands are happy and enjoying their life and harassing their wife? We are dejected by the insensitive, distorted and misrepresented statements by the said ministry.
Since the said ministry has relied on the NCRB data hence I would like to take this opportunity to bring out some factual position for your kind consideration. As per suicide data released by NCRB for the year 2009, 81471 MEN have committed suicide and for the same year 45680 WOMEN have committed suicide. i.e. every 6.45 minute a MEN is committing suicide whereas every 11.5 minute a WOMEN is committing suicide. So even as per NCRB data it is clear that it is MEN who needs protection than WOMEN.
In view of the above said discussion we demand following
- Kindly instruct the said ministry to take initiative to collect data regarding violence from WOMEN to MEN.
- Kindly instruct the said ministry to start process to amend the Protection of Women from Domestic Violence Act in such a way that MEN can also lodge complaint against WOMEN in case of Domestic violence.
We submit that our suggestions are just and reasonable and in the event of non implementation of our suggestions, we would be constrained to go to the streets with Dharnas, Public Fasting and resort to other democratic means of protests. Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.
Jai Hind!! With profound respects,
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
NFHS MEMO to PM Regarding misrepresentation of facts by Minister for WCD on “Protection of women from domestic violence act”
19th Aug 2011/ Bangalore
To,
Honorable Prime Minister of India, Prime Minister’s Office,
Room No: 148 B,
South Block, New Delhi – 110001
Subject: Regarding misrepresentation of facts by Minister for WCD on “Protection of women from domestic violence act”
About National Family Harmony Society®: “National Family Harmony Society®” NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 16500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.
Dear Sir,
We want to register our strong protest against the gross mis-representation of data by Union women and child development minister Krishna Tirath in the Lok Sabha on 19th August2011. Kindly refer to the below news article.
http://www.deccanherald.com/content/184815/40-percent-married-women-face.html
As per this news, the minister has informed the Lok Sabha that a total of 5,788 cases were registered under the Protection of Women from Domestic Violence Act in 2007, 5,643 cases in 2008 and 7,802 in 2009. And she goes on to conclude that only women are victim of Domestic Violence and that 40% of married women suffer domestic violence.
The factual position lakhs of Husbands are victim of Domestic violence and cruelty from their wives. If we look at the data of family courts in different part of country then, lakhs of husbands all over India have got divorce from their wife under section 13(ia) i.e. divorce on the ground of cruelty. That is a clear indication that husbands are also victim of cruelty and domestic violence at the hands of their wives. The irony is that under the Protection of Women from Domestic Violence Act, only WOMEN can file complaint and there is no provision for MEN to file complaint under the said Act against their wife.
Under such circumstances the answer given by the Minister to the Lok Sabha is totally misleading, distortion and misrepresentation of facts. First of all Government has made no attempt to collect any kind of data regarding violence from WOMEN to MEN. The Protection of Women from Domestic Violence Act has been enacted by the parliament assuming that only WOMEN can be victims of Domestic Violence which is totally misconceived.
When only WOMEN can file a complaint under the said Act and there is no provision for MEN to file a complaint then how the minister can come to the conclusion and project that 40% of the married WOMEN are suffering as if all husbands are happy and enjoying their life and harassing their wife? We are dejected by the insensitive, distorted and misrepresented statements by the said ministry.
Since the said ministry has relied on the NCRB data hence I would like to take this opportunity to bring out some factual position for your kind consideration. As per suicide data released by NCRB for the year 2009, 81471 MEN have committed suicide and for the same year 45680 WOMEN have committed suicide. i.e. every 6.45 minute a MEN is committing suicide whereas every 11.5 minute a WOMEN is committing suicide. So even as per NCRB data it is clear that it is MEN who needs protection than WOMEN.
In view of the above said discussion we demand following
- Kindly instruct the said ministry to take initiative to collect data regarding violence from WOMEN to MEN.
- Kindly instruct the said ministry to start process to amend the Protection of Women from Domestic Violence Act in such a way that MEN can also lodge complaint against WOMEN in case of Domestic violence.
We submit that our suggestions are just and reasonable and in the event of non implementation of our suggestions, we would be constrained to go to the streets with Dharnas, Public Fasting and resort to other democratic means of protests. Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.
Jai Hind!! With profound respects,
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
40 percent married women face physical, sexual violence: Govt
| Over 35 per cent of all women and 40 per cent of married women experienced physical or sexual forms of violence and the figures were higher in rural areas, the Lok Sabha was informed today. | |
| “The National Family Health Survey III (2005-06) data shows that in the 15-49 age group, 35.4 per cent of all women and 40 per cent of married women experienced physical or sexual violence,” Women and Child Development Minister Krishna Tirath said during Question Hour.
She said 6.7 per cent experienced both physical and sexual forms of domestic violence. Domestic violence defined under Protection of Women from Domestic Violence Act, 2005 covers physical, sexual, verbal, emotional and economic abuse. As per the National Crime Records Bureau (NCRB) data, a total of 5,788 were registered under the Act in 2007, 5,643 cases in 2008 and 7,802 in 2009, Tirath said. She claimed that Protection Officers (POs) had been appointed in every state except Jammu and Kashmir (where the Act is not applicable) and her ministry held regular meetings with state governments to ensure that this system was functioning efficiently. The Domestic Violence Act, 2005 is implemented by states and Union territories. “Under the Act, state governments are required to appoint Protection Officers in each district as they may consider necessary,” she said. Maharashtra has the highest number of 3,910 Protection Officers followed by Rajasthan (574), Madhya Pradesh (368) and Himachal Pradesh (366). |
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http://www.deccanherald.com/content/184815/40-percent-married-women-face.html
Punjab and Haryana HC stays Justice Yadav’s arrest in cash-in-bag scam
CHANDIGARH: Acting on a petition filed by Justice Nirmal Yadav who apprehended her arrest in the cash-in-bag scam, the Punjab and Haryana high court on Friday stayed her arrest in the case. The court has however asked her to first appear before the special CBI court Chandigarh, where she has been chargesheeted for corruption charges, to furnish the bail bond.
The directions were passed by Justice Permod Kohli of the HC while hearing her bail petition. While claiming her innocence in the case, Justice Yadav submitted before the court that she had been falsely implicated by the CBI, bureaucrats and politicians who made her a scapegoat because her brother was a minister in the Haryana government.
Expressing surprise over the charge sheet submitted by the CBI against her, Justice Yadav submitted that she always performed her duties honestly.
HC also issued notice to the CBI asking it to respond the contentions raised by Yadav.
Noted lawyer Anupam Gupta who was also present in the courtroom, accepted the notice on behalf of the CBI. Advocate Gupta has been recently designated as special public prosecutor by the CBI to contest the case before the trial court against Justice Yadav.
The scandal came to fore after a clerk, allegedly sent by the then Additional Advocate General of Haryana Sajeev Bansal, dropped the money at the official residence of Justice Nirmaljit Kaur on August 13, 2008. Justice Kaur said to have reported the matter to the local police about an attempt to bribe her with a briefcase containing Rs 15 lakh in cash.
When the matter was investigated by the CBI and an in-house panel of three judges appointed by the Supreme Court (SC), Justice Yadav was held responsible for irregular purchase of land at Solan.
In its report, the CBI found that Justice Nirmal Yadav required Rs 15 lakh on August 13, 2008 for financing the purchase of 11.01 bighas of land at village Rihun, Pargana Baholi of Solan District in Himachal Pradesh.
On March 4 this year, the CBI filed a charge sheet against advocate Sanjeev Bansal, Delhi based hotelier Ravinder Bhasin, Justice Nirmal Yadav, Chandigarh based businessman Rajiv Gupta and Nirmal Singh. At present, the trial of the case is pending with the special CBI court Chandigarh. Justice Nirmal Yadav is evading appearance before the court for one or the other reason and the special court has recently directed to paste court summons outside her residence.
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HC: Wife in allegded adultry but awarded 1500 maintenance
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13091 of 2011 Niranjan Kumar Sinha
Versus
Reena Devi
———————————-
03. 17.08.2011. At the very outset, the learned counsel for the petitioner seeks permission to make necessary correction in the provision of law. Permission is accorded.
Heard, the learned counsel for the petitioner. This application under Article 227 of the Constitution of India has been filed against the order dated 20.12.2010 as contained in Annexure ’3′ passed by Principal Judge, Family Court, Begusarai in Divorce case No.46 of 2007 whereby the learned Court below allowed the application under Section 24 of the Hindu Marriage Act, 1955 and directed this petitioner to pay Rs.1500/- per month as maintenance to the respondent, Reena Devi.
The learned counsel for the petitioner submitted that the respondent Reena Devi had lodged F.I.R. against the petitioner under Section 498 (A) and during investigation, the police found that in fact because of adultery, there is dispute between the parties and the respondent has filed this criminal case under Section 498 (A) of I.P.C. and on the basis of that finding, final form has been submitted. However, the learned Court below considering the statement of the -2-
respondent took cognizance under Section 498 (A) of I.P.C.
According to the learned counsel, in such view of the matter, the petitioner has got good prima facie case as the divorce case has been filed on the ground of adultery. Secondly, the learned counsel submitted that the petitioner is not regular employee. Although, he is an Advocate, he is not a regular practitioner and he does freelance work of Rashtriya Sahara newspaper and he has got no sufficient income to pay Rs.1500/- per month to the respondent.
From perusal of the impugned order, it appears that the learned Court below has considered all these aspects of the matter. The learned Court below also found that the person against whom adultery is alleged has died in the year 2007 itself and this divorce case has been filed in the year 2007. The learned Court below also considered the fact that the petitioner is an Advocate and according to the learned Court below even now a skill labour can get Rs.4000/- per month. Considering all these aspects of the matter, the learned Court below granted Rs.1500/- as maintenance to the respondent per month. So far the finding of the police regarding adultery is concerned, it is not binding on the Civil Court. This is a proceeding under the Hindu Marriage Act and so far adultery is concerned, the petitioner has to prove the same in this case. -3-
In view of the above facts and circumstances of the case, in my opinion, it is not a case that the Court below exercised a jurisdiction not vested in it by law and that any illegality has been committed. Accordingly, I find no merit in this application and it is dismissed.
Sanjeev/- (Mungeshwar Sahoo,J.)
HC notice to Punjab judge accused in bribery case
The Punjab and Haryana High Court today issued notices on a petition filed by Justice (retd) Nirmal Yadav – chargesheeted in the judge bribery case – seeking anticipatory bail.
The court made it clear in the garb of anticipatory bail, she cannot seek exemption from personal appearance. The court told Yadav’s counsel not to play tricks, but said Yadav would be granted bail after she appears in the trial court.
Yadav’s counsel undertook to appear before trial court on August 27.
Terming herself a “scapegoat” because her brother is a Cabinet minister in Haryana, Nirmal Yadav had submitted she has been “falsely implicated”’ by politicians, bureaucrats and the CBI.
As reported first by The Indian Express, Nirmal Yadav has sought anticipatory bail apprehending arrest by the CBI.
This is arguably for the first time that a retired judge of the HC has moved a court seeking anticipatory bail.
In a sharply worded petition, running into 225 pages, Justice Yadav has taken a dig at the CBI for raising a question mark on the judicial system. She has submitted that this act of the CBI is “contemptuous”. She has for the first time taken such grounds to seek relief from the court. Yadav has questioned: “Will the CBI now teach courts how to decide cases in urgent, motion or ordinary?” This ground has been taken in response to a finding given by the CBI in the chargesheet that Yadav had advanced the date of a case to decide it in the favour of a co-accused. In yet another ground, she has submitted that prior to investigating officer Ramnish, a DSP with the CBI, couple of other investigating officers had given a clean chit to the case.
Submitting she had decided a case on February 4, 2008 on merits and not with the intention to favour any individual, Yadav has stated that the CBI cannot look into the said case which has been formed as the basis of the chargesheet in the judge bribery case.
The CBI, in the chargesheet filed in March, had stated that Yadav had demanded Rs 15 lakh to decide the case in favour of a client represented by Sanjiv Bansal, a co-accused and former Additional Advocate General of Haryana.
Yadav has also annexed a valuation report given by the Income Tax Department to justify that the land purchased in Solan, Himachal Pradesh, by her was legally justified and that it was not undervalued. The purchase had come under the scanner of the CBI.
Yadav has said a special court of the CBI was not competent to look into whether the prosecution sanction denied by the President was faulty. In her petition she has submitted that she was “surprised” to learn that she had been chargesheeted. She has contended that she had performed her duties honestly.
http://www.indianexpress.com/news/hc-notice-to-punjab-judge-accused-in-bribery-case/834222/0
Women asked to keep watch on hubbies to fight graft
PONDA: To fight the menace of corruption in the state and country, Marathi novelist Madhavi Desai has appealed to women to keep a close watch on their husbands and question them about the gifts received by them or the source of money used to purchase expensive things on special occasions. This will definitely go a long way in curbing corruption to a good extent, she said.
Desai was addressing a large meeting convened in solidarity with veteran social activist Anna Hazare in his fight against corruption. The public meeting organized on Thursday by India against corruption (IAC) at Kranti Maidan in Ponda was attended by over a thousand people despite rains.
Alleging that Goan politicians have 49,000 crore in Swiss banks, senior ST leader Babuso Gaonkar said that the money belongs to 14 lakh Goans. “If calculated, it amounts to 3.5 lakh of each Goan citizen,” Gaonkar said.
Samsher Khan, a lecturer in GVM’s higher secondary school, Ponda, said that India’s GDP (gross domestic product) is 70 lakh crore. However, quoting a statement of late prime minister Rajiv Gandhi, he said only 10% of the GDP is being used for the development of the country and the remaining goes to feed the demon of corruption. Earlier, in the morning, about 3,000 students from different higher secondary schools and colleges took out a rally across Ponda town.
Mom watches TV, 9-month-old boy drowns in bucket
It was around 11.30 am on Wednesday that Akash Sikre’s mother realized that she had not heard his voice for an unusual stretch of time. After discovering him immobile in the bucket, she raised an alarm. The boy was taken to hospital, where he was declared brought dead.
Akash was an only child. Senior inspector Jaysingh Chavan of the Tilak Nagar police station said: “The victim’s father, Vishal, works at a catering unit in Dombivli. He was on duty when the tragedy occurred.”
Vishal Sikre said he wanted to appeal to people to take care of their children, especially those who liked playing in water. “My son had the habit of playing in water. I think he went into the bathroom, but slipped and fell into the bucket.”
The Tilak Nagar police have registered a case of accidental death.
Judiciary out of Lokpal? Team Anna softens stand
NEW DELHI: The 40-hour standoff between Anna Hazare and the government ended on Thursday, with the Gandhian leader agreeing that his fast would not exceed 15 days. The Hazare group also clearly indicated that it is ready to drop its insistence over a key sticking point on inclusion of the higher judiciary within the ambit of the proposed Lokpal law.
Team Anna might consider dropping the contentious demand to bring the judiciary in the anti-corruption ombudsman’s jurisdiction if the government delivers on a strong judicial accountability bill. The inclusion of higher judiciary has been opposed by both the government and main opposition party BJP on the ground that it would affect the independence of the courts.
There is also a possibility that the Hazare group and the government might be able to find middle ground on another important demand relating to including the prime minister in the law’s jurisdiction.
If the government’s plans for a Judicial Accountability and Standards Bill meet the expectations of the activists, judicial probity need not be addressed by the Lokpal, said Anna’s associate Arvind Kejriwal. “If a strong judicial accountability bill is brought to Parliament, we are open to excluding this from the Lokpal,” he said.
Hazare’s associates sealed a deal with Delhi police early on Thursday morning and Kejriwal said Anna’s fast would not continue beyond 15 days. “It depends on how the government responds to the demands put before it,” he said. This was echoed by another key member of Team Anna, Kiran Bedi, who said the Gandhian would fast as long as his medical examiners, including Dr Naresh Trehan, felt he should.
Clauses of the undertaking that Team Anna has agreed to and which were part of the original terms include – no damage to public property; gathering will not exceed the limit of the ground; the crowd will not spill over to nearby roads; protesters will cooperate with traffic police; loud speaker use within the ambit of a Supreme Court order setting a 10 pm limit.
Team Anna, however, is insistent that the Lokpal must be able to probe the Prime Minister. “The PM has to be in the ambit of the Lokpal,” Kejriwal said. There is a possibility of this demand being conceded as unlike in the case of higher judiciary, BJP and Left parties differ with the government with the Opposition backing the activists.
Government sources felt the inclusion of the PM’s office with riders like excluding decisions relating to national security and foreign policy can be considered by the standing committee examining the Lokpal bill. It is a bargaining chip the government can use. At the Cabinet meeting that cleared the bill, four ministers supported Prime Minister Manmohan Singh’s view that examination of an incumbent PM is better than an inquiry after he demits office.
Indications from both camps point to the likelihood of another round of negotiations or at least exchange of proposals with the government still opposed to Team Anna’s demand for a large bureaucratic structure and inclusion of lower-level officials in the law’s ambit. The government sees Lokpal as an institution to specifically combat corruption in high places.
Speaking to TOI, lawyer Prashant Bhushan said the core committee of India against Corruption was meeting on Friday to discuss the demands. “The matter will be discussed in the core committee then.” Sources said while the group has been militant about its demands, it would soon decide on the inclusion of judiciary.
Team Anna’s statements gain significance as they come at a time when they have won a battle of wills with the Centre after a 40-hour standoff. The breakthrough came in the small hours on Thursday after Anna associates met Delhi Police commissioner B K Gupta, and reached an agreement.
The other clauses are arrangements for drinking water, medical aid, mobile toilets, proper lighting; no carrying of lathis or weapons; no provocative slogans or speeches; no inflammatory slogans within 200 meters of religious or worship places; care to be taken of public safety and no use of crackers.
Medical examination of Anna and those who will keep fast along with him will be conducted by government doctors thrice a day, while Team Anna promised to abide by the April 16, 2009, order of the Supreme Court which stipulated rules and regulations for public protests.
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