Tuesday, February 28, 2012

Women’s empowerment and ego problems are spoiling society: HC judge

Women’s empowerment and ego problems are spoiling society: HC judge

Woman takes alimony from ex-husband but doesn’t let him meet their daughter. Enraged, the judge added, ‘You want his money, but don’t want him to see the child’

Posted On Monday, February 27, 2012 at 03:51:22 AM

The society is being spoilt because of women’s empowerment and ego problems,” an angry judge told an advocate whose woman client accepts alimony from her former husband, but refuses him the right to visit their daughter.

The division bench of Justice K L Manjunath and Justice K Govindarajulu were hearing an appeal by Binu Vineet, seeking visitation rights to see his minor daughter whom he had not seen for seven years. The 16-year-old girl lives with her mother, Shiny.
Shiny’s advocate argued against the plea, saying Vineet was not interested in the child and had not paid child maintenance for years.
Vineet, who was present in court, said, “If there is even a single rupee pending from my side as child maintenance, I would withdraw this appeal.”
Justice Manjunath asked Shiny’s advocate if the girl’s father was paying the monthly maintenance. When told he was, the judge said, “You tried to create an impression that he was not paying for the last three years. I am sorry to say this, but society is being spoilt because of women’s empowerment, ego problems and small issues being blown out of proportion. I do not know where the society is headed with such attitude. Both the parents pamper the child to make it avoid the other parent. The child takes money from both the parents, and will end up as a vagabond on the streets. Even the judges are to be blamed for this. They pass orders on just the facts, without considering humane issues.”
Justice Manjunath said that advocates had the responsibility of trying to get the parties to reconcile. He further said that the woman in this case was behind money. “You want his money, but don’t want him to see the child,” the judge said.

Divorced in 2005
Vineet and Shiny were married on June 23, 1994, at St George’s Church, Kerala. They divorced through mutual consent in March 2005. Their only daughter is now 16 years. Vineet has been trying to get custody and visitation rights for years. In 2008, the trial court rejected his plea, and Vineet moved the high court last year.
In its order, the HC said, “We tried to persuade the parties to reconcile. But the respondent says that the daughter is not willing to meet her father.

The respondent contends that the child has apprehensions about meeting her father and fears that she would not be compatible and comfortable. We cannot appreciate her arguments on these grounds based on the child’s response.”
The court also noted that the child is now studying in Std X in a reputed school in Bangalore and would join college shortly. “The appellant is allowed to meet his daughter once in two weeks for three to four hours,” the court ordered.
Vineet’s advocate, Siju Abraham Verghese of Ranjit Shankar Associates, said, “The case for custody of the girl started in 2001, when she was just five years old. In the past seven years, the father did not get to meet his daughter even once despite both of them living in the same city.
“A case was also filed when our client went to his former wife’s house to see his daughter. The comment made by the judge was of a serious nature, but very true. The wife’s advocate told the court that maintenance had not been paid for the past five years. It is totally false. There had been blatant misuse of law by women in some cases which was looked into by the court today. Any number of problems may arise between the husband and wife but even as advocates we have to look at the welfare of the child and try make the parents reach a settlement as far as the child is concerned.”


Sunday, February 26, 2012

Working mothers can have child’s custody: HC

Working mothers can have child’s custody: HC

Wednesday, June 22, 2011, 

Mumbai: The Bombay High Court has held that working women take care of their children very well and the argument that they do not get time to attend to kids cannot be a ground for "disturbing" the custody of the child.

These observations were made by justices Vijaya Kapse-Tahilramani and M L Tahaliyani who dismissed a habeas corpus petition filed by a Nagpur resident seeking custody of his five-year-old daughter from his estranged wife on the ground that she had a full time job and would not get time to pay attention to their child.

"Considering the age of the child, we are of the view that keeping the child in the custody of the mother shall be preferable than in the custody of father," the bench noted.

"It is not the case that the father is jobless and he can take care of the child the whole day. Working women take care of their children very well and it should not be the ground for disturbing the custody of the child," the judges observed.

The judges were hearing a petition filed by the husband saying that his wife had deserted him after a fight and had gone to her mother's house, taking along their minor daughter. He urged the court to produce the child and hand over her custody to him.

It was the case of the police that they had not exercised any force and that the husband had forcibly taken away his daughter's custody from the mother. They further said that when they visited the petitioner's house along with the latter's wife, the daughter rushed to meet her mother.

The police said that they had attempted to bring about a compromise between the couple but could not succeed. The petitioner further argued that the child's grandmother was very old and was not in a position to take care of the child. However, no material was placed before the court to prove his claim.

The husband also said that his wife was employed and, therefore, could not take care of their daughter. Hence the child's custody may be given to him. However, the court held that the custody of the child could not be given to the father just because the mother had a full time job.


also @



Working mom has no time for child - custody given to Father


Divorce could be in women's genes

Divorce could be in women's genes

Press Trust Of India
London, February 26, 2012

Women, please note -- men may not be always at fault in a divorce. The chances of a successful marriage also depends on a female's genetic make-up, so says a new study.
 This is after researchers at Karolinska Institute in Sweden claim to have, for the first time, identified afemale 'divorce gene' that can predict a rocky marriage and identify women who may struggle to commit to their partner. 

Women who inherit the variation of a common gene are less likely to get married in the first place as they find it harder to bond with other people, the Daily Mail reported.

But if they do marry, they are 50% more likely to report a troubled relationship filled with marital strife. Perhaps unsurprisingly, partners of women with the gene are also more likely to report being unhappy, says the study.

According to the researchers, the gene affects how women process the 'cuddle hormone' oxytocin, which is known to promote feelings of love and maternal affection.

Women produce oxytocin naturally, particularly during childbirth and while breastfeeding. It helps them bond with their baby. But if women cannot process oxytocin properly, they may not be able to bond normally with other people -- including their partners, friends and children, they say.

'We've found evidence that oxytocin can be involved in the regulation of human pair-bonding by showing that variation in the oxytocin receptor gene is linked to how strongly women bond to a partner," lead researcher Hasse Walum said.

In fact, the researchers have based their findings on an analysis of the DNA of more than 1,800 women and their partners. Each couple had been together for more than five years, and were either married or living together.

Women who were identified as carrying the variation of the oxytocin receptor gene, described as the A-allele, were 50% more likely to report 'marital crisis or threat of divorce. Men married to these women were also far less satisfied in their relationships, the study found.