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Archive for August 10, 2010

Chief Justice for a united Bar

http://www.thehindu.com/todays-paper/tp-national/tp-karnataka/article561780.ece

Chief Justice of the Karnataka High Court J.S. Khehar on Monday said he was given to understand that there are different factions in the Bar (advocate association) and added he was willing to play the role of a mediator to ensure that the advocates’ association stands united.

He pointedly urged the advocates to shed their differences and unite. “Even though a divided bar will help us, I am willing to mediate and ensure that all factions unite,” he said.

He was speaking at a function organised by the Karnataka State Bar Council (KSBC) on the High court premises to welcome him.

Mr. Khehar said priority would be given to all cases though those relating to certain important issues of public and human interest would be taken up expeditiously.

Mr. Khehar replaces Mr. Dinakaran as Chief Justice. While Mr. Khehar has been transferred to Karnataka from Uttaranchal, Mr. Dinakaran has been transferred to Sikkim .

All eyes in the overflowing Court hall No. 1 were on the Chief Justice as he and all the judges walked on to the podium to participate in the function.

Justice Khehar referred to the contributions of the former Chief Justice of India, M.N. Venkatachalaih (who hails from Karnataka) and said he would do his best to discharge his duty sincerely and faithfully.

KSBC Chairman and senior advocate Jayakumar S. Patil welcomed the new Chief Justice and hoped that the Bar and Bench could work together in tandem for the betterment of society.

He promised all cooperation with the judiciary and said the legal fraternity would actively support all its programmes.

High Court Judges, Advocate-General Ashok Haranahalli, State Public Prosecutor H.S. Chandramouli and Bhavani Singh, Additional Advocate-General K.M. Nataraj, Law Secretary, senior advocates, advocates, presiding officers of lower courts and High Court employees were present.

AAB function

Later, the Chief Justice spoke at a function in his honour organised by the AAB and said the Bangalore Bar was one of the best of its kind.

AAB president K.N. Putte Gowda said there is no division among the AAB and only a few disgruntled elements among them had given that impression.

  


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  • Advocates urged to shed their differences
  • ‘I am willing to mediate and ensure that all factions unite’

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    Categories: Other news

    Let us live in: Man who married first cousin moves court

    http://www.mumbaimirror.com/article/2/2010081020100810032725993cbb1cc3/Let-us-live-in-Man-who-married-first-cousin-moves-court.html

    The Bombay High Court will now decide if the right to a live-in relationship can be extended to two consenting adults and first cousins.

    // // //
    Inderpal Walia, a 37-year-old merchant navy officer who married his first cousin Harmandeep in 2009, has moved a writ petition of habeas corpus in the HC after his wife was forcibly taken away by her family in September 2009.

    Walia’s counsel Bhavesh Parmar, while admitting, that their marriage is null and void under the Hindu Marriage Act (HMA, 1955), argues that while as cousins they may not be allowed to marry, they have the right to live together as consenting adults.

    “After all,” he argues, “There has been a plethora of judgments by the Supreme Court which has allowed consenting majors to live together. We have pleaded the same in our arguments that will be submitted across the bench.”

    Walia claims, despite his efforts to establish contact with his 19-year-old wife, he has not seen or heard from her since September 13 last year. The primary concern, adds Parmar, is to produce Harmandeep in court.

    In his petition he has detailed the dramatic circumstances under which they met and married according to Arya Samaj rituals in Mumbai. However, he alleges, on September 13, she was whisked away by her mother and relatives pretending to orchestrate a reunion with her ailing father.

    When Walia tried to stop them by pulling the chain of the Frontier Mail, in which they were travelling, he was fined. The family, with Harmandeep, disappeared after the train reached Surat.

    Parmar adds, “The girl’s family has filed a divorce proceeding in the district court at Amritsar where they have admitted the marriage took place at the insistence of some relatives.

    As per law, the marriage is void and there is no question of divorce. But she is a major and as per the Supreme Court judgment she can be in a live-in with my client, who is also a major.”

    It may be noted that a division bench of Justice B H Marlapalle and Justice Roshan S Dalvi which heard the matter has already issued notices to the girl’s family including her father to produce Harmandeep before the court and they were supposed to do the same on August 9, but none were present in the court on Monday.

    When contacted, Harmandeep’s mother did not allow us to talk to her, but said, “We could not make it because my husband is not keeping well. Our daughter was not happy with him.”

    The HC will now deliberate on the matter, which could seriously challenge the way society has traditionally defined incest and intimacy between two consenting individuals.

    Harmandeep and Inderpal Walia after they got married in Mumbai


     What the Hindu Marriage act says

    Prominent family lawyer Mrunalini Deshmukh says that Section 5 of the HMA define a valid marriage.

    “The provisions have been based on Hindu law which was earlier uncodified but now has been codified. Under HMA, marriage between Sapindas (individuals from the same pind) is prohibited and also where parties are within the degree of prohibited relationship, marriage is prohibited, unless of course there is a specific custom that allows them to do so,” she said.

    Blood related marriages are called consanguineous marriages – sanguine meaning blood – this is to prevent any genetic problem in the offspring. Marriages within the gene pool may lead to abnormality in the offspring, says Deshmukh.

    “But the law is still not pronounced on whether or not individuals who fall within these categories, which are prohibited under law to marry each other, can live-in. It will be interesting to see the outcome of such issues,” she added.

    Categories: Other news

    Woman uses card game to murder paramour

    http://punemirror.in/index.aspx?page=article&sectid=2&contentid=2010080920100809225016572faed76de&sectxslt=

    By Ram Parmar

    Posted On Monday, August 09, 2010 at 10:50:16 PM

     

    Devidas Ghodmare
    Devidas Ghodmare
    Sunita Waghmare
    Sunita Waghmare

    In a bizarre game of death, a woman in Mumbai lured her paramour into a card game, in which one of the players is blindfolded, and bludgeoned him to death with an iron rod while he was blindfolded.

    Sunita Sadanand Waghmare (30), used this ploy to murder Devidas Ghodmare (32) in Nallasopara in late July, but was arrested from a hideout in Chandrapur on Sunday, police said.

    They added that Ghodmare had threatened to sell the woman to a brothel in Mumbai, which prima facie appears to be the cause behind the murder.

    Ghodmare and Sunita are both residents of Chandrapur. Since the past several years, both were in love, inspite of Sunita being married. Ghodmare, however, was a bachelor.

    A few years ago, Ghodmare shifted base to a site in Perne phata in Pune, where he worked with a civil contractor as a supervisor. Soon, Sunita joined him, and worked in the contractor’s office, doing menial jobs.

    Since his employer also had some civil works going on in Nallasopara, Ghodmare shifted base there this year, and as Sunita was alone, she also joined him. Both stayed in a chawl in Evershine Nallasopara.

    Police said the duo would enter into regular tiffs over trivial issues. During one such altercation, Ghodmare threatened Sunita that he will sell her into a brothel in Mumbai if she did not stop the fights.

    Also, since Sunita was a stranger in the city, Ghodmare was aware of her helplessness, said API Valmik Patil of Nallasopara police station.

    On July 25, fed up with the threats, Sunita decided to get rid of Ghodmare. She lured him to play ‘Do Patti’, a card game where one player’s eyes are blindfolded while the other hides the card.

    Once the card is hidden, the blindfolded player is allowed to remove the blindfold, and has to search for the hidden card. In the first two games, Ghodmare won, and thus built up his confidence.

    During the third game, when Ghodmare’s eyes were blindfolded with a handkerchief, Sunita, who had already stolen iron rods used in construction, hit him with the rod on his head, rupturing his skull and killing him instantly.

    She had also tied his hands and legs. Sunita then fled from the site.

    Categories: Crime by Women

    Meet on men’s rights on August 15

    http://hindu.com/2010/08/10/stories/2010081054380200.htm

    BANGALORE: Save Indian Family Foundation (SIFF), a men’s rights organisation, fighting against misuse of dowry laws, domestic violence Act and other anti-male and unconstitutional laws, is organising the third Men’s Rights conference at Yercaud in Tamil Nadu on August 15.

    Addressing presspersons here on Monday, Virag, a functionary of SIFF, said over 100 men’s rights activists from across the country representing 15 different NGOs working for men’s rights will participate in the conference to intensify the movement of men’s rights in India.

    Various issues concerning men and problems faced by them, including setting up of Welfare Ministry for men and shared parenting, would be discussed at the conference.

    Mr. Virag said that conference is called “Sugarless Independence Day”, this year. The activists attending the conference have decided to have sugarless tea/coffee and will not have any sweets on that day.

    “Men’s rights activists feel that the road to freedom for men is still under construction and hence they have decided not to observe Independence Day” till their problems are solved by the Government of India.

    Chairman of SIFF Pandurang Katti and Shiva Shankar, senior counsellor of SIFF spoke.

    Categories: Protest News

    Aggrieved husband seeks proction

    Categories: Protest News