Archive

Archive for July 20, 2010

Man told to pay maintenance to wife and son

http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JUFUvMjAxMC8wNy8yMCNBcjAwMjA0

Pune: In an order which has been described as rare, a magistrate court has awarded interim maintenance of Rs 28,000 to a working woman under the Domestic Violence (DV) Act. The woman had proved that her earnings was not sufficient to meet her and her son’s expenses comparing her husband’s salary.

    The court of judicial magistrate first class P K Kulkarni, on July 14, ordered the husband to pay maintenance of Rs 15,000 to his wife and Rs 5,000 to his son along with a house rent allowance of Rs 8,000 per month. The husband has also been directed to return her dowry.

    The woman was working at a BPO and drawing a salary of Rs 22,000 per month. On January 23, 2007, she got married to a man who was working as a project manager in a software firm. The husband, who was drawing a salary of over Rs 1.19 lakh per month, made her leave the job.

    Later, the husband started suspecting his wife and had harassed her for trivial reasons. On February 24, 2009, the woman filed a complaint against him at the Chatushrungi police station under section 498 (a) of the Indian Penal Code for subjecting her to cruelty. The victim’s lawyer Trevor Issac told TOI that his client was forced to move the court after she was driven out of the house.

    The victim then joined another BPO for a salary of Rs 12,000 per month, but she was facing severe financial problems.

    Issac said he had submitted her salary slip before the court and raised the issue of maintenance of Rs 55,000 per month to her as she was unable to meet the expenses of herself and her 22-month-old child, who is studying in a play group.

    Issac termed the order as rare as the court has taken a view that her salary was less compared to the salary drawn by her husband who was staying in a 2 BHK flat and was also owning a Logan car.

Advertisements
Categories: Other news

NGO headed by former judge fined Rs 1 lakh for ‘frivolous’ PIL

http://www.indianexpress.com/news/ngo-headed-by-former-judge-fined-rs-1-lakh-for-frivolous-pil/649046/0

Three months after the Chief Justice of India warned public interest litigants of heavy costs for frivolous petitions, a former Delhi High Court judge and an NGO of which he is “patron-in-chief” are the first casualties. 

The Delhi Citizen Forum For Civil Rights was today directed to pay Rs 1 lakh as fine for espousing, as public interest litigation (PIL), the “private cause” of two “disgruntled” serving district judges of Delhi. 

As for Justice J K Mehra, retired Delhi High Court judge and patron-in-chief of the NGO, the Supreme Court wondered aloud why a “retired judge, one who was part of the judiciary, should be party to this campaign”. 

“If he wants publicity, he should do something else. This is vexatious litigation in the name of PIL to espouse the private cause of judicial officers who were not appointed as judges in the Delhi High Court,” a bench of Justices G S Singhvi and A K Ganguly observed.

The NGO has not had a successful run, to say the least. The Delhi High Court dismissed the same case on March 8, 2010 and imposed a fine of Rs 10,000. Today, the Supreme Court said the High Court fine was “too conservative”. It clarified that the Rs 1 Lakh is in “addition” to the High Court’s.

This is the first such instance after the CJI, on May 12, announced the apex court’s zero-tolerance for “frivolous and vexatious public interest litigation”.

“We are convinced that this is a frivolous litigation. A sum of Rs 1 lakh is imposed as additional costs to that of Rs 10,000 ordered by the Delhi High Court. The petitioner (NGO) shall deposit this amount with the Delhi High Court Legal Services Authority within one month,” the court ordered.

Advocate Joginder Tuli, who is the NGO’s chairman, struggled to convince the Bench of the good intentions involved as regards the two senior judges.

But the court countered Tuli: “They are law graduates, they are literate. So why can’t they come on their own instead of through you? What is your locus standi and why do you intervene here?”

The two judges are PS Teji, District Judge, Karkardooma courts and IS Mehta, District Judge, Dwarka courts. Tuli argued that both were denied appointment to the Delhi High Court on the basis of an “arbitrary and unconstitutional procedure”.

“The names of two senior District Judges belonging to SC/ST Shri PS Teji, District Judge, Karkardooma courts and Shri IS Mehta, District Judge, Dwarka courts have not been considered for elevation to the Delhi High Court. This arbitrary and unconstitutional procedure adopted by the Delhi High Court has created great disgruntlement among SC/ST officers from the Delhi Judicial Services as well from other services in the country,” Tuli argued.

To Tuli’s comment that there was already complaints against the appointment of another district district judge to the Delhi High Court, the bench asked him how he got “that information” and went on to suspect that his source was his “patron-in-chief”.

“How did he (Justice Mehra) get hold of the records? He has abused his past position as judge of the high court. This is the grossest abuse of the process of court,” the bench said.

But advocate Tuli is still optimistic: “The court just wanted to know why we were in support of the two judges. Now, this means that court wants the two judges to themselves approach the court. This turns out good for them.”

Categories: Other news

498A IPC being used as an extortion and blackmail tool DGP

20th July 2010

Bangalore

To,

The Director General of Police,
Government of Karnataka, State police H.Q,
O/o D.G.P. no.2, Nrupathunga road, Bangalore, Karnataka

Subject: Regarding heavy misuse of “Section 498A of IPC” as an extortion and blackmail tool.

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 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

This is with regard to the article published in “Bangalore Mirror” dated 20-July-2010 and also available at the website of the said newspaper. A copy of the said article is attached herewith as an Annexure.

http://bangaloremirror.com/article/10/20100720201007200523421056440d345/Inspector-goes-soft-on-woman-despite-husband%E2%80%99s-suicide-note.html#ftr2

This has become a routine and every week newspapers are having news article about 498A IPC being misused by wives as an extortion and blackmail tool to settle score with husband and his relatives.

Hundreds of husbands who are harassed and tortured by their wives approach our NGO to seek help. In a survey conducted by our NGO we found that 498A IPC is being increasingly misused as an extortion and blackmail tool. In order to hide their mistakes women file false criminal cases against husbands and all his family members. Such Husbands who are already harassed by their wives are further tortured by the police who are not trained enough to deal with matrimonial disputes.

Since the 498A IPC is non bailable, hence on a mere complaint by the such wives the tendency of the police is to immediately arrest all those named in the FIR and send them to Judicial Custody. It is a bitter truth that Law treats MEN and WOMEN differently and most of the laws made with regard to the Matrimonial disputes are heavily in favor of WOMEN. No wonder they are being heavily misused by WOMEN.

Taking acknowledgement of the heavy misuse of 498A IPC “Union Ministry of Home Affairs” issued an Advisory dated 20-October-2009 vide No: 3/5/2008-Judl Cell to all the State Governments and UT’s. But the heavy misuse of 498A IPC is continuing unabated as the police officers are not following such Advisories or earlier circulars issued by the Office of DGP, Karnataka and COP, Bangalore.

In view of the above facts, we submit following list of proposals and demands for your kind consideration. We are available at any time of your convenience to have discussion with you on this subject matter.

 

OUR DEMANDS

 

  • Stop or minimize the involvement of police in “Matrimonial Disputes”.
  • Training for the police officers to be sensitive and careful in case of a complaint received under 498A IPC due to large scale misuse of the said section.
  • No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
  • Punishment for those filing false cases under 498A, 304B, Dowry Prohibition Act and related laws.
  • Issue circular for the “Karnataka Police” to immediately stop arbitrary arrest of Husbands, elderly persons, children and pregnant sisters on a complaint under 498A IPC.
  • Involve NGOs working in the similar field.
  • Don’t allow wife to use 498A IPC as “Arrest on Demand”.
  • Instruct police to follow earlier circulars issued by COP-Bangalore, DGP office and the recent Advisory issued by Union Ministry of Home Affairs dated 20-October-2009 vide no 3/5/2008-Judl Cell regarding “Misuse of section 498A of IPC”.

 

P Suresh, President,

9880141531         

National Family Harmony Society

www.498a.org.in

Categories: Police

498A IPC being used as an extortion and blackmail tool COP

20th July 2010

Bangalore

To,

The Commissioner of Police,

1, Infantry Police, Bangalore – 560001

Subject: Regarding heavy misuse of “Section 498A of IPC” as an extortion and blackmail tool.

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 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

This is with regard to the article published in “Bangalore Mirror” dated 20-July-2010 and also available at the website of the said newspaper. A copy of the said article is attached herewith as an Annexure.

http://bangaloremirror.com/article/10/20100720201007200523421056440d345/Inspector-goes-soft-on-woman-despite-husband%E2%80%99s-suicide-note.html#ftr2

This has become a routine and every week newspapers are having news article about 498A IPC being misused by wives as an extortion and blackmail tool to settle score with husband and his relatives.

Hundreds of husbands who are harassed and tortured by their wives approach our NGO to seek help. In a survey conducted by our NGO we found that 498A IPC is being increasingly misused as an extortion and blackmail tool. In order to hide their mistakes women file false criminal cases against husbands and all his family members. Such Husbands who are already harassed by their wives are further tortured by the police who are not trained enough to deal with matrimonial disputes.

Since the 498A IPC is non bailable, hence on a mere complaint by the such wives the tendency of the police is to immediately arrest all those named in the FIR and send them to Judicial Custody. It is a bitter truth that Law treats MEN and WOMEN differently and most of the laws made with regard to the Matrimonial disputes are heavily in favor of WOMEN. No wonder they are being heavily misused by WOMEN.

Taking acknowledgement of the heavy misuse of 498A IPC “Union Ministry of Home Affairs” issued an Advisory dated 20-October-2009 vide No: 3/5/2008-Judl Cell to all the State Governments and UT’s. But the heavy misuse of 498A IPC is continuing unabated as the police officers are not following such Advisories or earlier circulars issued by the Office of DGP, Karnataka and COP, Bangalore.

In view of the above facts, we submit following list of proposals and demands for your kind consideration. We are available at any time of your convenience to have discussion with you on this subject matter.

 

OUR DEMANDS

 

  • Stop or minimize the involvement of police in “Matrimonial Disputes”.
  • Training for the police officers to be sensitive and careful in case of a complaint received under 498A IPC due to large scale misuse of the said section.
  • No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
  • Punishment for those filing false cases under 498A, 304B, Dowry Prohibition Act and related laws.
  • Issue circular for the “Karnataka Police” to immediately stop arbitrary arrest of Husbands, elderly persons, children and pregnant sisters on a complaint under 498A IPC.
  • Involve NGOs working in the similar field.
  • Don’t allow wife to use 498A IPC as “Arrest on Demand”.
  • Instruct police to follow earlier circulars issued by COP-Bangalore, DGP office and the recent Advisory issued by Union Ministry of Home Affairs dated 20-October-2009 vide no 3/5/2008-Judl Cell regarding “Misuse of section 498A of IPC”.

 

P Suresh, President,

9880141531         

National Family Harmony Society

Categories: Police

498A IPC being used as an extortion and blackmail tool HM

20th July 2010

Bangalore

To,

Dr V.S. ACHARYA, Honorable Karnataka Home Minister,

Room No.315, 315-A, Vidhana Soudha, Bangalore-560001

Subject: Regarding heavy misuse of “Section 498A of IPC” as an extortion and blackmail tool.

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 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

This is with regard to the article published in “Bangalore Mirror” dated 20-July-2010 and also available at the website of the said newspaper. A copy of the said article is attached herewith as an Annexure.

http://bangaloremirror.com/article/10/20100720201007200523421056440d345/Inspector-goes-soft-on-woman-despite-husband%E2%80%99s-suicide-note.html#ftr2

This has become a routine and every week newspapers are having news article about 498A IPC being misused by wives as an extortion and blackmail tool to settle score with husband and his relatives.

Hundreds of husbands who are harassed and tortured by their wives approach our NGO to seek help. In a survey conducted by our NGO we found that 498A IPC is being increasingly misused as an extortion and blackmail tool. In order to hide their mistakes women file false criminal cases against husbands and all his family members. Such Husbands who are already harassed by their wives are further tortured by the police who are not trained enough to deal with matrimonial disputes.

Since the 498A IPC is non bailable, hence on a mere complaint by the such wives the tendency of the police is to immediately arrest all those named in the FIR and send them to Judicial Custody. It is a bitter truth that Law treats MEN and WOMEN differently and most of the laws made with regard to the Matrimonial disputes are heavily in favor of WOMEN. No wonder they are being heavily misused by WOMEN.

Taking acknowledgement of the heavy misuse of 498A IPC “Union Ministry of Home Affairs” issued an Advisory dated 20-October-2009 vide No: 3/5/2008-Judl Cell to all the State Governments and UT’s. But the heavy misuse of 498A IPC is continuing unabated as the police officers are not following such Advisories or earlier circulars issued by the Office of DGP, Karnataka and COP, Bangalore.

In view of the above facts, we submit following list of proposals and demands for your kind consideration. We are available at any time of your convenience to have discussion with you on this subject matter.

 

OUR DEMANDS

 

  • Stop or minimize the involvement of police in “Matrimonial Disputes”.
  • Training for the police officers to be sensitive and careful in case of a complaint received under 498A IPC due to large scale misuse of the said section.
  • No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
  • Punishment for those filing false cases under 498A, 304B, Dowry Prohibition Act and related laws.
  • Issue circular for the “Karnataka Police” to immediately stop arbitrary arrest of Husbands, elderly persons, children and pregnant sisters on a complaint under 498A IPC.
  • Involve NGOs working in the similar field.
  • Don’t allow wife to use 498A IPC as “Arrest on Demand”.
  • Instruct police to follow earlier circulars issued by COP-Bangalore, DGP office and the recent Advisory issued by Union Ministry of Home Affairs dated 20-October-2009 vide no 3/5/2008-Judl Cell regarding “Misuse of section 498A of IPC”.

 

P Suresh, President,

9880141531         

National Family Harmony Society

Categories: Home Minister

498A IPC being used as an extortion and blackmail tool Governor

20th July 2010

Bangalore

To,

Honorable Governor of Karnataka
Raj Bhavan, Raj Bhavan Road, Bangalore – 560 001

Subject: Regarding heavy misuse of “Section 498A of IPC” as an extortion and blackmail tool.

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 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

This is with regard to the article published in “Bangalore Mirror” dated 20-July-2010 and also available at the website of the said newspaper. A copy of the said article is attached herewith as an Annexure.

http://bangaloremirror.com/article/10/20100720201007200523421056440d345/Inspector-goes-soft-on-woman-despite-husband%E2%80%99s-suicide-note.html#ftr2

This has become a routine and every week newspapers are having news article about 498A IPC being misused by wives as an extortion and blackmail tool to settle score with husband and his relatives.

Hundreds of husbands who are harassed and tortured by their wives approach our NGO to seek help. In a survey conducted by our NGO we found that 498A IPC is being increasingly misused as an extortion and blackmail tool. In order to hide their mistakes women file false criminal cases against husbands and all his family members. Such Husbands who are already harassed by their wives are further tortured by the police who are not trained enough to deal with matrimonial disputes.

Since the 498A IPC is non bailable, hence on a mere complaint by the such wives the tendency of the police is to immediately arrest all those named in the FIR and send them to Judicial Custody. It is a bitter truth that Law treats MEN and WOMEN differently and most of the laws made with regard to the Matrimonial disputes are heavily in favor of WOMEN. No wonder they are being heavily misused by WOMEN.

Taking acknowledgement of the heavy misuse of 498A IPC “Union Ministry of Home Affairs” issued an Advisory dated 20-October-2009 vide No: 3/5/2008-Judl Cell to all the State Governments and UT’s. But the heavy misuse of 498A IPC is continuing unabated as the police officers are not following such Advisories or earlier circulars issued by the Office of DGP, Karnataka and COP, Bangalore.

In view of the above facts, we submit following list of proposals and demands for your kind consideration. We are available at any time of your convenience to have discussion with you on this subject matter.

 

OUR DEMANDS

 

  • Stop or minimize the involvement of police in “Matrimonial Disputes”.
  • Training for the police officers to be sensitive and careful in case of a complaint received under 498A IPC due to large scale misuse of the said section.
  • No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
  • Punishment for those filing false cases under 498A, 304B, Dowry Prohibition Act and related laws.
  • Issue circular for the “Karnataka Police” to immediately stop arbitrary arrest of Husbands, elderly persons, children and pregnant sisters on a complaint under 498A IPC.
  • Involve NGOs working in the similar field.
  • Don’t allow wife to use 498A IPC as “Arrest on Demand”.
  • Instruct police to follow earlier circulars issued by COP-Bangalore, DGP office and the recent Advisory issued by Union Ministry of Home Affairs dated 20-October-2009 vide no 3/5/2008-Judl Cell regarding “Misuse of section 498A of IPC”.

 

P Suresh, President,

9880141531         

National Family Harmony Society

Categories: Governor

498A IPC being used as an extortion and blackmail tool CM

20th July 2010

Bangalore

To,

SHRI B.S. YEDDYURAPPA, Honorable Chief Minister

Room No. 323, Vidhana Soudha, Bangalore-560001

Subject: Regarding heavy misuse of “Section 498A of IPC” as an extortion and blackmail tool.

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 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

This is with regard to the article published in “Bangalore Mirror” dated 20-July-2010 and also available at the website of the said newspaper. A copy of the said article is attached herewith as an Annexure.

http://bangaloremirror.com/article/10/20100720201007200523421056440d345/Inspector-goes-soft-on-woman-despite-husband%E2%80%99s-suicide-note.html#ftr2

This has become a routine and every week newspapers are having news article about 498A IPC being misused by wives as an extortion and blackmail tool to settle score with husband and his relatives.

Hundreds of husbands who are harassed and tortured by their wives approach our NGO to seek help. In a survey conducted by our NGO we found that 498A IPC is being increasingly misused as an extortion and blackmail tool. In order to hide their mistakes women file false criminal cases against husbands and all his family members. Such Husbands who are already harassed by their wives are further tortured by the police who are not trained enough to deal with matrimonial disputes.

Since the 498A IPC is non bailable, hence on a mere complaint by the such wives the tendency of the police is to immediately arrest all those named in the FIR and send them to Judicial Custody. It is a bitter truth that Law treats MEN and WOMEN differently and most of the laws made with regard to the Matrimonial disputes are heavily in favor of WOMEN. No wonder they are being heavily misused by WOMEN.

Taking acknowledgement of the heavy misuse of 498A IPC “Union Ministry of Home Affairs” issued an Advisory dated 20-October-2009 vide No: 3/5/2008-Judl Cell to all the State Governments and UT’s. But the heavy misuse of 498A IPC is continuing unabated as the police officers are not following such Advisories or earlier circulars issued by the Office of DGP, Karnataka and COP, Bangalore.

In view of the above facts, we submit following list of proposals and demands for your kind consideration. We are available at any time of your convenience to have discussion with you on this subject matter.

 

OUR DEMANDS

 

  • Stop or minimize the involvement of police in “Matrimonial Disputes”.
  • Training for the police officers to be sensitive and careful in case of a complaint received under 498A IPC due to large scale misuse of the said section.
  • No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
  • Punishment for those filing false cases under 498A, 304B, Dowry Prohibition Act and related laws.
  • Issue circular for the “Karnataka Police” to immediately stop arbitrary arrest of Husbands, elderly persons, children and pregnant sisters on a complaint under 498A IPC.
  • Involve NGOs working in the similar field.
  • Don’t allow wife to use 498A IPC as “Arrest on Demand”.
  • Instruct police to follow earlier circulars issued by COP-Bangalore, DGP office and the recent Advisory issued by Union Ministry of Home Affairs dated 20-October-2009 vide no 3/5/2008-Judl Cell regarding “Misuse of section 498A of IPC”.

 

P Suresh, President,

9880141531         

National Family Harmony Society

Categories: Chief Minister - KA