Monday, June 30, 2014

If wedlock turns deadlock, grant divorce, HC says

If wedlock turns deadlock, grant divorce, HC says

As on Manish Raj, TNN | Jun 29, 2014, 04.49AM IST

CHENNAI: It is inhuman to compel two people to live together when their "wedlock has become a deadlock," the Madras high court has held. Allowing a divorce based on a man's complaint that he was being tortured by his wife who kept filing police complaints, the court recently said the sanctity of marriage cannot be left at the whims of one of the annoying spouses. Setting aside the order of a family court, the court granted divorce on grounds of mental cruelty and desertion by the wife. 

Arun Kumar Jain alias Bunty and Geeta got married in March 2001 and the couple had a male child. Disputes arose in the marriage after he found that his wife was elder to him. He moved the family court in 2004 seeking divorce. In his petition, he said Geeta insulted him often citing the educational qualification of his family members and threatened to book them under false charges of demanding dowry and attempt to murder. In November 2002, she lodged a police complaint saying her brother-in-law had tried to outrage her modesty and her in-laws had tried to kill her, Bunty said, seeking divorce on grounds of cruelty and desertion. 

Denying the allegations, Geeta said Bunty was jealous of her educational qualifications and he along with his family abused her in filthy language. In its verdict in December 2010, the family court denied divorce saying the charges of cruelty and desertion were not proved. The next year, Bunty moved the Madras high court. In its order, the bench of Justice S Rajeswaran and Justice S Vaidyanathan pointed to the events after the family court quashed the divorce petition. It said Bunty had subsequently sent a letter and a telegram asking Geeta to come back. Also, after Bunty's family was acquitted in the dowry harassment case, Geeta filed a case under the Domestic Violence Act following which Bunty and his family were arrested, the bench said. 

Instead of solving the disputes amicably, Geeta had continuously initiated criminal proceedings against Bunty which meant she made all attempts to ensure he could not live in peace, the bench said. The fact that she was living apart from her husband for more than nine years showed that Geeta had subjected her husband to mental cruelty and deserted him, the bench said, granting divorce.

Source -

Saturday, June 28, 2014

Woman booked for giving dowry to husband

Woman booked for giving dowry to husband

Pune:  Friday, 27 June 2014 - 7:37am IST | Place: Pune | Agency: DNA
Chaitraly Deshmukh

What seems to be a case of tit for tat, the family of a Delhi-based software techie registered a complaint against the family of his wife from Pune for giving dowry.
The family of the woman, also a software techie, had lodged a complaint of dowry torture against the man and his family. The couple got married in 2008 and a case of dowry-related torture was filed by the woman's family in 2009. In response to this, the husband's family too filed a case related to dowry.
Both taking and giving dowry are punishable under law.
The court of judicial magistrate (first class) recently gave order to the police for framing charges against the wife, her parents and three of their relatives.
Anil married Anita (names changed to protect identity) in 2008. Later, Anita's family members had given cash and jewellery to her. Later, Anita complained of dowry harassment and filed the case under the Dowry Prohibition Act. Since she also alleged assault and ill-treatment, a case was lodged under the Indian Penal Code (IPC) with Chatuhshringi police station.
Anil and his parents were arrested in 2009. Later, Anil along with his parents, approached the police claiming that if accepting dowry is an offence, so is giving. However, since the police did not register a case, Anil's parents moved a private complaint in court. The then directed the police to investigate the case and register the offence.
The police then filed the charge sheet against Anita's parents and her relatives.
Anil's father who is a complainant in this case, said, "Anita earns much more than my son. But she lodged a false case against us. She had mentioned in her complaint that her father had given us 15-16 tolas of gold as dowry. Section 3 of Dowry Prohibition Act prohibits giving or taking dowry. If they claim that we demanded dowry, then why did they give us dowry? They too are equally responsible."
When contacted, Anita's lawyer Santosh Ralegankar refused to comment claiming that the matter is subjudice.

Monday, June 23, 2014

Marital Rape not in the ambit of Indian Rape Laws - Delhi Court

Marital Rape not in the ambit of Indian Rape Laws - Delhi Court

The below media discussion on Marital Rape was telecasted Live on Gender Discourse programme on Loksabha TV on 22nd May 2014. To be fair, gender biased and balanced this topic ought to be discussed with representation from both Men and Women Activists but as it always happen it was hijacked by strongly and heavily funded Feminists and biased media failed miserably to invite any of the Mens' Activists or Mens' right Organisations.

It was really heartening to see that being a live telecast the Feminists were openly nailed down by the Live callers who rightly highlighted out the correct positions of misuse of rape laws as in Part 1 of the below youtube video.

In Part 2 of the youtube video beside other callers, a Live caller was Shiva from Bengaluru, who seems to be a part of an organisation involved in protecting Mens' (Husband's) rights. Caller Shiva thwarted the feminists misleading propaganda and exposed the web of lies and sob stories. It was a strong message from Shiva that not only slammed the feminist panel and swept them off their grounds.

Radical Feminist thought they can do away without Mens' right representation and people will take their false propaganda.

This is a discussion another glaring example how media is blinded and episodes are openly hijacked by funded feminists.

Part 1 of 2

Part 2 of 2

Reference cases that aere under above discussion were reported in media as below

Court: Forced sex in marriage not rape

May 12, 2014, 03.44 AM IST
NEW DELHI: A court has acquitted a man accused of raping his wife, stating that forced intercourse with a woman does not amount to rape if she is married to the accused.

"The parties being husband and wife, the sexual intercourse between the two does not come within the ambit of the offence of rape, even if the same was against the will and consent of the victim," additional sessions judge Virender Bhat said while acquitting Vikash, who was charged with raping his wife.

According to the prosecution, the woman claimed Vikash sedated her and took her to the office of the registrar of marriages in Ghaziabad in an intoxicated state. He got the marriage documents signed by her on March 4, 2013. Later, Vikash raped her and then abandoned her, it said. The woman had filed a complaint at the Baba Haridas Nagar police station in southwest Delhi in October 2013.

"Thus, the prosecutrix (the wife) and the accused (Vikash) being legally wedded husband and wife, and the prosecutrix being major, the sexual intercourse between the two, even if forcible, is not rape and no culpability can be fastened upon the accused," the court said in its order on May 7.

"There is no clinching or convincing evidence on record to show that the accused had administered any stupefying substance to the prosecutrix (the wife) on March 4, 2013, before taking her to the Ghaziabad court," it added.

Vikash claimed innocence and said his marriage was solemnized on February 2, 2011 at the woman's house. Upon the insistence of his wife, he decided to get their marriage registered and went to the Ghaziabad court. Vikash alleged that his wife had framed him after he was unable to get his sister's house transferred in his name.

Source -

Another Case

Are marital rapes a myth? Forced intercourse in marriage not rape, trial court says

Jun 14, 2014, 02.53AM IST
NEW DELHI: Physical relations between a married couple, even if against the woman's consent, does not tantamount to rape, a trial court has said while acquitting a man of charges of raping his wife. Additional sessions judge Virender Bhat made the observations while freeing the man, accused of raping his tenant after marrying her. The man was also accused of raping the woman before the marriage.

"It is the case of the prosecution itself that the accused performed nikah with the prosecutrix in the house of his paternal aunt in presence of a maulvi on July 20, 2012. They were legally wedded husband and wife from July 20, 2012, and the physical relations between the two thereafter, even if against the consent of the prosecutrix, do not tantamount to offence of rape," the court said.

The court also said the woman's version of the incident was "suspicious" and far from being "credible or trustworthy". "The conscience of this court does not permit it to believe the version of the prosecution. The accused deserves to be given the benefit of doubt," the judge said.

According to the prosecution, the man, being the son of the woman's landlord, came to her house on July 19, 2012, and gave her an intoxicated drink after which she felt unconscious and he raped her. On the next day, he took her to his aunt's place, married her and raped her several times, it said. He later raped her at his friend's place and after sometime, he burnt their marriage documents and refused to take her to her matrimonial house, the woman claimed. Police said, when the accused along with his father and brother came to the woman to collect rent, they had a quarrel after which she lodged a complaint at Bindapur PS.

The court said the conduct of the woman in accompanying the man "voluntarily and willingly" the next day is highly unnatural. "It beats all imagination to say a rape victim would voluntarily accompany the rapist on the date after the incident," it said. The court noted that, in her statement before a magistrate, the woman had stated for the first time that the man would take her to the house of his friend at Bindapur daily where he used to have sexual intercourse with her. "These incidents of sexual intercourse appear to be consensual," it added.

Rape laws On their use and misuse Being used as a tool for “vengeance and vendetta” to harass, extort and blackmail males,difficult to distinguish fake cases from genuine ones

Rape laws On their use and misuse 

Being used as a tool for “vengeance and vendetta” to harass, extort and blackmail males Difficult to distinguish fake cases from genuine ones

by Maheer Ashraf
India saw a paradigm shift in the crimes against women in the aftermath of the Delhi Gang Rape in December 2012. The only story that seemed to be in print, on air and in our minds and hearts was the story of a paramedical student who died after a brutal gang rape. The momentum is still ripe with thousands of debates, seminars and discussions happening everyday around the nation on how to prevent crime against women. Women empowerment and safety has become a political issue, with each party making these a prime agenda in their manifesto.
The stringent law brought in a year ago in the wake of the Delhi Gang Rape expanded the ambit of sexual assault but, as is being realised now, left it open to misuse. Mulayam Singh Yadav of the Samajwadi Party got into trouble when he revealed the ‘other side’ of the rape story. Justice Virender Bhat while acquitting four people in a gang rape case in Delhi made an observation that it was becoming “difficult to distinguish fake cases from genuine ones”.  However, he had to bear the brunt of stating the truth as many feminist organisations went on record to say that he needed “gender sensitization training”. Justice Kailash Gambhir said that the rape law was frequently being used as a tool for “vengeance and vendetta” to harass, extort and blackmail males.
The mere statement of a woman becomes gospel truth and the accused gets arrested and charge-sheeted. Even the frail, old and weak persons are not spared against the false accusation of rape. The saddest part is that just because of being a woman, she gets the benefit of doubt. Being a feminist, I cannot be against the empowerment of Indian women. But yes, I am strongly against the cheap attitude of such women who manipulate the Indian laws in their favour. This is because the misuse of these laws not only ruins the reputation of the falsely accused and his family, but also weakens the case of those women who have really gone through any molestation.  It is true that men need to respect women, but it is equally important that women must respond accordingly.
An RTI response filed with the Delhi Police reveals that from 2008-2013, out of 27 complaints registered at 6 Police Stations under the New Delhi district, 11 cases were that of ‘rape with promise of marriage’. It is not only making a mockery out of the sacred institution of marriage, but also inflating statistics of rape which further depreciates our own society.
Many people will question my opinion that many laws are misused, why raise voice against this. The truth is that those laws don’t destroy families. These do! Moreover, justice cannot be based on gender of an accused or victim. Such cases become huge media trials for the accused and the victim’s name is kept out of media. Same is the case with dowry laws where a huge misuse is being made every single day. No doubt laws are made for our protection but their gross misuse is ruining families and the very fabric of our society.
We as a society are now witnessing administrative matters turned into rape, office politics turned into rape drama and rape law becoming a tool for blackmail, revenge and extortion! Similarly, dowry law is being used for abuse of men and their elderly parents who then have to pay through their nose to settle these cases or rot in jail. The worst part is that if men are acquitted it is not reported in media and by then his family has suffered the most horrible punishment. To sift the chaff from wheat requires sensitivity of lawmakers not only towards women but equally towards men because both in tandem form this society. It is important that we demand gender-just, gender-sensitive and not only gender-neutral rape laws.
By misuse of these laws we are only further endangering and deepening women’s vulnerability in the country.  Let us stop this legal terrorism and ensure the strictest punishment meted out to perpetrators of crimes against women as well as women who misuse these laws. Ultimately, injustice anywhere is a threat to justice everywhere. Women’s groups and civil society also need to introspect whether these laws are not being made a mockery of and whether they are demanding justice or merely media space.
Because respect cannot be demanded, it can only be commanded.

The author is a freelance writer.

Friday, June 20, 2014

Failure of live-in relations a major reason for increase in rape cases, claims Delhi High Court

Failure of live-in relations a major reason for increase in rape cases, claims Delhi High Court

Thursday, 19 June 2014 - 5:07pm IST | Agency: PTI

Failure of live-in relationship or young adults acting immaturely by getting into commitments that end up in break-ups are among major reasons for increase in rape cases, the Delhi High Court has observed. The court also cautioned parents of young couples to behave with "more sensitivity" while dealing with such issues.

A bench of justices Kailash Gambhir and Sunita Gupta made the observation while upholding the life term awarded to four members of a Delhi-based girl's family, including her father, for killing her lover as they did not approve of their relationship.

Anguished over the killing of the 24-year-old youth, the bench said young adults, especially girls, need to be more responsible and act maturely when taking important decisions like getting married or entering into a live-in relationship. "The need of the hour is that boys and more importantly girls have to be very careful and cautious before taking such an important decision concerning their lives before entering into the most sanctimonious relationship of marriage or even to have live-in relationship.  "One of the major reasons contributing to increase in the rape cases is failure of live-in relationship or any immature decision on the part of such young adults which more often end up in a broken relationship but sometimes after indulging into physical relationship," it said.

However, this placed an implied onus on the shoulders of the persons involved in such relationships to act responsibly and maturely, it said.

Parents are "expected to behave with more sensitivity and maturity as such issues need to be resolved with patience, understanding and tolerance and instead of indifference or with a bent of mind of alienating the two", the court said. "It is often noticed that any impetuous act to smother such relationships often has a backlash in the form of resentful feelings or even rebellious actions.
"Therefore, it is with great sensitivity that the parents need to acknowledge the growing independence of their children and rationally and dispassionately deal with these emotive issues giving due respect to their feelings," the bench added.

24-year-old Kuldeep was stabbed to death on the evening of October 14, 2006, by his lover's father, Ravi Kumar and her three uncles Karamvir, Raj Kumar and Sanjay at Uttam Nagar in west Delhi.

According to the prosecution, the four had acted with the common intention of eliminating Kuldeep as they believed he had damaged their reputation because of his affair with Ravi's daughter. The court also agreed with this view that the four acted with the common intention of killing Kuldeep, as Karamvir and Raj had immobolised the victim by holding his arms and legs and Sanjay stopped anyone from coming to the aid of the youth while Ravi stabbed him seven times with a knife. The trial court on June 6, 2011, had awarded life term to all the four after holding them guilty of murder.

While upholding the trial court decision, the high court also said, "Kuldeep perhaps would not have met such a tragic end and these accused persons perhaps would not have suffered severity of punishment of life imprisonment had they acted in a sensible and mature manner with due patience, tolerance and understanding to resolve the things instead of taking the law in their own hands."

Thursday, June 19, 2014

Rape accused acquitted after ‘victim’ goes to jail to give him underwear

Rape accused acquitted after ‘victim’ goes to jail to give him underwear

Shalini Narayan | New Delhi | Published: Jun 19 2014, 10:03 IST

She claimed she was raped several times over the course of a year by a man she had befriended at her office. The man had promised to marry her, she claimed in her complaint to police. The accused was arrested in February last year and chargesheeted thereafter. However, when the trial reached the central fast-track court, her allegations didn’t stand after the court noted that not only had the victim visited the accused’s wife in hospital when she had a baby, but she had also visited the accused in jail and brought him undergarments on his request.

Noting how “extraordinary” and “unbelievable” this act of a “rape victim” was, the court of Additional Sessions Judge Kaveri Baweja acquitted the accused terming the claims by the victim “contradictory”.

In August 2011, the complainant, a resident of Sitaram Bazaar in Delhi, met the accused at her office. The two became friends following which they began meeting regularly. In her statement to police, the woman said the accused would take her to a park at Pusa Road and would rape her there. She also claimed that the accused threatened to “defame” her if she told anyone about the ‘rapes’.

However, on February 18, 2013, she claimed the accused revealed to her that he was already married. Three days later, the woman lodged a case and the man was arrested under sections of rape (376) and threat (506) of the IPC.

In his defence, the accused pleaded that he was innocent and that the woman was demanding Rs 1 lakh from him to withdraw the complaint. He said she also threatened to falsely implicate him if he did not pay her. The accused told the court that the woman was on the interview panel when he joined the office and that she was well aware of his marital status.

After considering arguments from both sides, the court noted, “... in the light of evidence brought on record during the course of the trial, I find myself unable to accept the submissions of the prosecution. I find on going through the record that the prosecutrix cannot be said to be a reliable witness. Her testimony appears to be unworthy of reliance and the conviction of the accused can certainly not be based on her testimony keeping in view the entirety of the evidence on record...She certainly would not have acted upon the assurance of the accused that he would marry

Rampant Misuse and Abuse of Highly biased Women Centric laws - ALL MEN must watch - Rights of Arrested Person or In case of Arrest

In the wake of surge and rampant Misuse and Abuse of Highly biased Women Centric laws. 
A Must watch for ALL MEN !
Rights of Arrested Person or In case of Arrest 
Telecased on 09th June 2014 in an episode of Legal Point on Lok Sabha TV 

Eminent Panelist include - 
Retd Judge, Lawyer, Police Officer.

Part 1 of 3 

Part 2 of 3

Part 3 of 3


Samandh aur Naari Suraksha | Relationship and Women Safety

Live discussion in program Aam Log 

Samandh aur Naari Suraksha

Live discussion on the security and safety of women in relationship, featuring Advocate Mahesh Tiwari on panel.
Why men feel insecure in relationship?
How to trust a woman when law gives her immense rights to put allegation on the man in relationship and she is not responsible to prove her allegation?
How a lover/Husband become molester and even rapist in her allegation ?
Subscribe to Anup Kumar's video channel

Monday, June 16, 2014

Rape cases: Can’t be swayed by emotions/media reporting: Court

Rape cases: Can’t be swayed by emotions/media reporting: Court 

— By PTI,  June 16, 2014 04:31 pm

New Delhi: Deprecating the hue and cry over acquittals in rape cases, a Delhi court has said that judiciary cannot be swayed by emotions or media reporting and has to limit itself to the ambit of law, testimonies of witnesses in deciding such cases.

“It would not be out of place to mention here that today there is a public outrage and a hue and cry is being raised everywhere that Courts are not convicting the rape accused.

“However, no man, accused of rape, can be convicted if the witnesses do not support the prosecution case or give quality evidence, as in the present case where the prosecutrix is hostile…

“It should not be ignored that the Court has to confine itself to the ambit of law and the contents of the file as well as the testimonies of the witnesses and is not to be swayed by emotions or reporting in the media,” Additional Sessions Judge Nivedita Anil Sharma said.

The court made the remarks while acquitting two Delhi residents Pawan Kumar Tyagi and Kailash Chand of the charges of rape, abduction and criminal intimidation after the alleged victim turned hostile.

Tyagi and Chand were arrested by the police in March last year on the basis of a complaint lodged by the girl in which she had alleged that Tyagi had repeteadly raped her on the pretext of marriage while Chand had outraged her modesty here last year.

However, during the trial, the girl retracted from her earlier statement given before the police and told the court that she had come in contact with one of the accused through social networking site and had developed physical relationship with him on her own consent.

She also told the judge that she had lodged the case at the instance of her well wishers.

“It is clear that the evidence of the prosecution is neither reliable nor believable and is not trustworthy and the prosecution has failed to establish outraging the modesty, abduction, rape and threat. The evidence of the prosecutrix makes it highly improbable that such an incident ever took place,” the court said.

Wadia hospital staff at police station, accuse Preity Zinta of misusing women centric biased law | Preity Zinta is misusing law: Workers of Wadia Hospital

Wadia hospital staff at police station, accuse Preity Zinta of misusing women centric biased law | Preity Zinta is misusing law: Workers of Wadia Hospital.



 Workers from a hospital owned and run by Ness Wadia filed a petition againstBollywood actress Preity Zinta at Marine Drive police station here on Monday, saying that she had misused Section 354 of the Indian Penal Code (IPC).
The workers launched a signature campaign in support of Wadia.
While addressing the media, aWadias supporter said, "The business tycoon and the actress were in a relationship for more than five-years, and they were even business partners, and what the 39-year-old actress had accused him of was completely wrong, as the two were sitting in entirely different rows during the Wankhede IPL match, and therefore, Wadia could not have forced upon her."
Another supporter asserted that the law for protecting women is getting diluted because of its misuse, and they were now afraid of being friendly with their female colleagues.
Earlier, the Bollywood actress had filed a molestation case against Wadia for use of force and foul language to shame her in public.
Zinta also issued a public statement on Facebook regarding the molestation case.
प्रीति जिंटा के खिलाफ वाडिया हॉस्पिटल का स्टाफ पहुंचा मरीन ड्राइव थाने
बॉलीवुड एक्ट्रेस और आईपीएल की टीम किंग्स इलेवन पंजाब की मालकिन प्रीति जिंटा के अपने एक्स ब्वॉयफ्रेंड नेस वाडिया के खिलाफ छेड़छाड़ का आरोप लगाने वाले मामले में नया मोड़ आ गया है. सोमवार को वाडिया हॉस्पिटल का स्टाफ मरीन ड्राइव थाने पहुंचा और प्रीति जिंटा पर आरोप लगाया कि वो महिलाओं के लिए बने कानून का गलत फायदा उठा रही हैं.
स्टाफ में महिलाएं भी शामिल थीं. सूत्रों के मुताबिक वाडिया हॉस्पिटल के 10-12 कर्मचारी सोमवार को मरीन ड्राइव थाने पहुंचे. उन्होंने पुलिस में दी शिकायत में कहा कि इतने साल साथ रहने के बाद भी प्रीति जिंटा छेड़छाड़ का आरोप लगा रही हैं. उन्होंने प्रीति जिंटा पर छेड़छाड़ की धारा के दुरुपयोग करने का आरोप लगाया.
वहीं मुंबई पुलिस नेस वाडिया के खिलाफ लगे आरोपों की जांच में जुटी है. पुलिस ने दो लोगों के बयान दर्ज कर लिए हैं जबकि अभी आईपीएल के सीईओ सुंदर रमन का बयान दर्ज किया जाना बाकी है. इसके अलावा पुलिस ने प्रीति जिंटा को भी ई-मेल लिखकर बयान दर्ज कराने की बात कही है. प्रीति फिलहाल भारत से बाहर हैं.
पुलिस इस मामले में नेस वाडिया और प्रीति जिंटा के ई-मेल अकाउंट भी खंगालेगी, प्रीति जिंटा ने कहा था कि उन्होंने नेस वाडिया को ई-मेल लिखा था जिसके जवाब में वाडिया ने उन्हें चेतावनी भरा ई-मेल लिखा था. इसके अलावा सीसीटीवी के जरिए भी सबूत जुटाए जा रहे हैं.
गौरतलब है कि प्रीति जिंटा ने अपने नेस वाडिया के खिलाफ मरीन ड्राइव थाने में ही छेड़छाड़ का केस दर्ज कराया है. प्रीति ने आरोप लगाया है कि 30 मई को किंग्स इलेवन पंजाब और चेन्नई सुपरकिंग्स के बीच मुंबई के वानखेड़े स्टेडियम में खेले गए आईपीएल मैच के दौरान नेस ने उनके साथ छेड़छाड़ और गलत व्यवहार किया था.
आरोपों के मुताबिक नेस ने प्रीति का हाथ पकड़ा और सबके सामने बदसलूकी की. शिकायत में कहा गया है कि नेस ने सबके सामने गाली-गलौज की. नेस ने अपनी ऊंची पहुंच का हवाला देते हुए कहा कि वो चाहें तो प्रीति को गायब करा देंगे. प्रीति ने शिकायत में यह भी आरोप लगाया है कि दोनों के ब्रेकअप के बाद भी नेस कई बार उन्हें परेशान करते थे. हालांकि नेस ने आरोपों से इनकार किया है. उन्होंने कहा कि वह इन आरोपों से परेशान और स्तब्ध हैं.

Friday, June 13, 2014

Have to follow Delhi high court order on domestic violence Act, says Bombay high court | PIL seeks to grant all women in house power to use Domestic Violence Act

Have to follow Delhi high court order on domestic violence Act, says Bombay high court

Pushpa (L) and her daughter Kusum filed the PIL
MUMBAI: The Bombay high court on Thursday was informed that the Delhi high court has upheld the inclusion of a mother of a male abuser for relief under the Protection of Women from Domestic Violence Act, and also that the Supreme Court had rejected an appeal filed against this order.

A division bench of Chief Justice Mohit Shah and Justice M S Sonak heard a petition by Kusum Harsora (54) and her 78-year-old mother challenging the exclusion of women, other than wife/live-in partner, of a male abuser. A magistrate had rejected their complaint against a sister-in-law and Kusum's two sisters on the grounds that a mother and sister do not qualify as "aggrieved persons" under the Act. Kusum informed the court that the Delhi HC in Kusumlata Sharma versus State of Delhi (NCR) on September 2, 2011, had held that that a mother-in-law is also entitled to file a domestic violence complaint against her daughter-in-law.

"While the Delhi HC does not say about a sister, but it is understood to include her. We'll have to follow the (Delhi HC) order," said Justice Shah.

But the Centre's advocate, Dhiren Shah, sought time to "confirm" the SC order and if the women and child welfare development ministry knew of it. The next hearing is on June 17.


PIL seeks to grant all women in house power to use Domestic Violence Act

Women in a household other than a daughter-in-law or a live-in partner could be allowed to file a case under the Domestic Violence (DV) Act if the Bombay High Court rules in favour of a Public Interest Litigation currently before it. 

A division bench of Chief Justice Mohit Shah and Justice M S Sonak on Thursday gave the central government five days to verify if the Supreme Court had passed any order on the issue.

The court was hearing a PIL filed by a mother-daughter duo who are challenging the validity of Section 2(q) of the DV Act, which restricts the definition of a respondent to male members of the family. The PIL, filed by Kusum Harsora, 54, and her mother Pushpa, 78, says the section discriminates between women living in the same household.

During the hearing on Thursday, Kusum argued on the basis of details given in the PIL and later submitted a 2013 Delhi High Court judgment in which a mother-in-law was allowed to file a complaint under the DV Act against her daughter-in-law.

The court then asked the Union government's advocate, Dhiren Shah, to verify if there was any Supreme Court judgment on the issue and to inform the court of this after the lunch-break. The advocates informed the court that there was one SC judgment that could help Kusum but they wanted time to verify the facts.

The PIL says that both petitioners had lodged a complaint against Kusum's brother, sister-in-law and two sisters for subjecting them to mental and physical harassment. But in February 2012, a single-judge bench of the HC discharged all three women, holding that no complaint under the DV Act can be filed against the female members.

The mother-daughter petition challenges this very provision, saying that though the legislation is supposed to protect women from domestic violence, it discriminates between two women in a domestic relationship.

According to the PIL, while the provision allows a wife or a woman in a live-in relationship to file a complaint against her husband or male partner and/or any of his relatives, it does not allow other women in a domestic relationship to lodge a complaint and seek relief against other female members of the family. This would include a daughter-in-law, sister or daughter.

"The proviso ignores the fact that even female members of the family can be perpetrators of domestic violence. There is no rational basis of classification between a wife or a woman in a live-in relationship and other females of the family," says the PIL.

On Wednesday, the Union government had filed an affidavit saying that allowing a man's female relatives to seek relief under the said Act could make it prone to misuse. Though the affidavit agreed that women other than wives or partners were also susceptible to domestic violence, it denied that the Act causes undue hardship to other women in the house.


'Bramhakumari' arrested for extorting Rs 7 lakh from elderly man by filing false rape case

P Naveen,TNN | Apr 12, 2014, 12.16 AM IST

BHOPAL: Madhya Pradesh police on Friday caught a woman and a lawyer for extorting a sum of Rs 7 lakh from an elderly man by allegedly threatening him to implicate him in a case of rape. This incident took place in Gwalior district on Friday evening.
The accused woman had joined the Bramhakumaris six years ago, after separating from her husband, said police adding that she had filed similar complaints against other people also. 

They were arrested red-handed while collecting money from the man, they were threatening to implicate, said police. 

Earlier this month, accused Rekha Rajak, 33, lodged a complaint with Mahila police station that she was raped by Ram Nivas Sharma, 69, head of Brahma Kumaris' ashram, resident of Thatipur area in Gwalior. She told police that she was exploited for long and then raped by the accused during her three-month stay at the ashram. 

The extortion angle came up in the case when Sharma, who has been accused by the women of committing rape, lodged a counter complaint. 

While police initiated investigations and booked Sharma, she offered a deal of Rs 7 lakh to Sharma to withdraw the complaint. 

Sharma informed the matter to police and continued negotiations with the woman. Mayank recorded the telephonic conversation and handed it over to the police. 

Unaware of the police complaint, the woman asked Sharma to deposit Rs 5 lakh in her bank account and hand over remaining amount to the lawyer. 

"We have arrested the woman and her accomplice for registering a false case of rape against Sharma and collecting Rs 7 lakh extortion money," Gwalior SP Pramod Vermatold TOI. 

Sum of Rs 5 lakh (with its series number given by Sharma) were recovered in the bank, Rs 2 lakh was seized from her accomplice, the SP added. Police claim she had made similar complaints against other people including her father-in-law. 

"It seems that she has made false complaints in the past also. We are investigating it," said the SP.

Senior police officials claim that there had been several instances, especially in the Bundelkhand region of Madhya Pradesh, where women have misused the law as a "weapon for vengeance and vendetta". 

"Many of the cases are being reported by those women who have consensual physical relationship with a man but when the relationship breaks due to one reason or the other, the women use the law as a weapon for vengeance and personal vendetta to extort money and sometimes even to force the man to get married to her," said a senior police officer quoting a remark by Delhi high court. 

While granting anticipatory bail to a man facing rape charges filed by a woman claiming to be his wife in May 2013, Delhi high court had said that judges should "cautiously examine the intentions of the girl to find out whether the rape complaint is genuine or has malafide motives".

Thursday, June 12, 2014

Court to decide afresh maintenance awarded to woman

Court to decide afresh maintenance awarded to woman

Press Trust of India | New Delhi
June 12, 2014 Last Updated at 14:20 IST

The amount of maintenance awarded to a woman in a domestic violence case will be decided afresh by a Delhi court after her husband claimed that her income was more than his earnings. 

A direction to this effect was given by Additional Sessions Judge (ASJ) Gautam Manan to a magisterial court. 

The judge allowed the man's appeal challenging the magisterial court's order directing him to pay Rs 1,500 per month in maintenance to his estranged wife and his children, saying the magistrate had not considered the proof about the woman's income and assets while fixing the amount. 

The sessions court also quashed the trial court's order on maintenance to the woman and the couple's two minor sons.

"The (magisterial) court has passed the order awarding maintenance without considering the proof of income of the respondent no 1 (woman) and her assets, if any," the ASJ said. 

The judge set aside the order of the magisterial court, saying it "suffers from material irregularity" as the lower court had given its verdict without taking the affidavits of the man and the woman in respect of their income. 

"The trial court is directed to decide the quantum of maintenance after taking the affidavits of the parties and after giving due consideration to the rival contentions of the parties in respect of their earnings," the court said. 

The man, a resident of Mahipalpur extension here, had challenged the 2013 order of a metropolitan magistrate on the ground that his wife was earning more than him and he was living in a pitiful condition. 

He claimed that she was enjoying a much better life than him and she had also forcibly taken possession of his house. 

He also denied the allegations of the woman that he subjected her to domestic violence and claimed that instead he was at the receiving end. 

He claimed that the award of "relief decided by the magistrate was in a routine and mechanical manner, cornering the provisions of law...Hence, the order be set-aside." 

The woman, in her reply through her counsel, opposed the man's plea saying she has to maintain herself and her children and the trial court had rightly awarded the maintenance amount to them.