Men and their family suffer due to False 498a cases and Misuse of 498a by Women and Police. Supreme Court enforces guidelines for arrests in dowry cases

Men and their family suffer due to False 498a cases and Misuse of 498a by Women and Police. Supreme Court enforces guidelines for arrests in dowry cases 

Amit Lakhani Atit Rajpara Manav Mishra Shouvik Basak share sufferings and harassment experiences due to False 498a cases and Misuse of ipc 498a in context to SC Judgment (02 July 2014 Arnesh Kr order) on 498a Misuse and Arrest guidelines laid (u/s s41 crpc) to be followed by Police and Magistrates on India TV news channel 05 July 2014

Full text of SC order @ http://bit.ly/1ooV9V2

Law degree clause for National Commission for Women (NCW) panel

Law degree clause for National Commission for Women (NCW) panel

By ANANYA SENGUPTA

New Delhi, July 2, 2014 

Being a politician or association with a party may no longer be enough to become the chairperson or a member of the National Commission for Women.

Maneka Gandhi, the new women and child development minister, has finalised draft proposals under which a degree in law is a must to be eligible for posts in the apex women’s rights body.

This is the first time that such a requirement has been proposed for functionaries of the NCW which, since its inception, has been used to accommodate persons close to the party in power at the Centre.

Sources said the ministry would include two essential conditions under the rules of appointment in the proposed amendments to the NCW Act: the chairperson has to be an advocate with at least 10 years of experience in legal matters, and each member must have a law degree.

Under the 1990 NCW Act, “persons of ability, integrity and standing” and “women’s voluntary organisations” (including activists) could be nominated by the central government as chairperson or members. There is no mention of any educational qualification.

While the new appointees would also be chosen by the women and child development (WCD) ministry, sources explained why a law degree had been included in the draft amendments as an essential requirement.

“There are over a lakh pending cases with the NCW. It’s time that professionals took over the commission to ensure that there are no legal delays in providing the victims justice. The commission needs to become more than just a body that takes suo motu cognisance of issues related to celebrities,” said a senior official of the ministry.

The sources also said that since the proposed amendments give the commission the powers of a civil court, making each of its proceedings on a par with judicial proceedings, a background in law was considered essential.

Maneka, who sources say is pushing for the amendments to be tabled in Parliament’s budget session starting next week, plans to give the commission the powers of summoning any person for questioning and the right to call for the production of any documents and requisitioning any public records.

A new chapter, “Investigation”, has been introduced in the amendments to enable the commission to issue arrest warrants and impose a maximum of Rs 5,000 as fine on those who don’t appear despite summons.

The amendments also include a provision that insulates functionaries from legal proceedings for acts done in good faith.

“No prosecution or other legal proceeding shall lie against any member of the commission or any officer… in respect of anything which is in good faith done or intended to be done in pursuance of this act or any rules, regulations or orders made there under,” says the provision.

The sources said that Maneka, who is not too keen on political appointments, wants to change the system under which commission members are removed and appointed according to the demands of the party in power. While it is not clear if the new commission members would be apolitical or lawyers affiliated to the BJP, the changes that Maneka wants would at least narrow the field for politicians, the sources said.

Officials said that once the new NCW rules are initiated, the rules for the appointment of members to the National Commission for Protection of Child Rights (NCPCR) might also see similar changes.

Political appointments have been worrying the NDA government since it took over a month ago. Out of power for 10 years, the NDA government is now struggling to get rid off Congress appointees who are holding on to key posts in these panels.

While there is no law to force such members out of office, feelers have been sent to many to leave. But many haven’t taken the hint. NCW chairperson Mamata Sharma, whose tenure ends later this month, is still holding on to her post. NCPCR chairperson Kushal Singh has taken the ministry to court over alleged calls by officials asking her to quit.

Source - http://www.telegraphindia.com/1140703/jsp/nation/story_18576503.jsp#.U7U4afmSzw8

Woman ticks HC Judge off for 'making' her nine-year-old son cry

 Thursday, November 03, 2011 at 12:39:42 AM

The boy, whose parents are separated, started sobbing when the judge told the kid that he should spend time with his father. If he did not follow the order — or stop crying — “we will send you to the police station.” The sobbing continued for more than an hour outside the court

A mother took on a High Court judge on Wednesday for trying to scare her nine-year-old son into spending his weekends and holidays with his father and threatening him with jail if he didn’t. Justice N K Patil and Justice C R Kumaraswamy were hearing a case between Raja Lakshmi and Subraya Manja over the custody of their son and were trying to convince the woman to send her son to meet his father on weekends and school holidays. The boy, however, started crying when he heard this. “We are telling you to meet your father on the last Saturday and Sunday of the month and half of the vacation. If you don’t, we will send you to the police station. Your father has the same affection for you. Do not act like this. He is your father, he is also human. Your father is not your enemy. You can meet him once in a month,” Justice Patil told the boy. On seeing the boy’s tears, he said, “We are not disturbing your stay with your mother. You can stay with her, but meet your father also. If not, we will send you permanently with your father.” By this time, the boy was howling loudly, saying, “Please, please.” But Justice Patil told the boy, “If you cry, we will send you to jail. Is it not your duty to tell your mother that you want to meet your father and discuss things with him?” The judge then turned to the mother’s counsel: “It is your duty to tell your client that she should let the boy meet his father. Otherwise, you will kill the future of the child. If you people cannot arrive at a compromise, we will pass an order as per the facts of the case. We are tired of such things. Unless we pass the order, you won’t understand the trouble.” The couple had separated after a year of marriage and have been living apart for 10 years now. A lower court had ordered for the restitution of conjugal rights but Lakshmi had refused to go back to her husband. During Wednesday’s hearing, Justice Patil asked both the parties to talk to each other and arrive at a compromise. But their counsel said that the couple was not on talking terms and was incompatible. The judge said, “It is a problem they have created. If they do not talk face to face, the matter won’t be decided. Neither he nor she will be happy. Let them live together for four months and see if they can lead a compatible life. The husband may now realise the importance of a wife. Many who have made mistakes have become model citizens and better human beings. Unfortunately, our society has not developed family counsellors.” The judge then adjourned the case for some time and asked the parties to talk to each other.   Sympathy all around During the adjournment, the boy continued to cry outside the court as his mother tried to console him. “Amma please, let us go home. I do not want to go inside again,” the boy kept repeating. Other clients, advocates and even the policeman on duty tried to console the boy but to no avail. When the court resumed at 4.30 pm, both mother and boy stayed outside.   Dad’s version Manja, the boy’s father, told the court that he and his son would earlier play cricket and lagori, but his wife was not letting them meet. He told the court, “She did not even invite her father to our wedding. I earn Rs 40,000 per month and can take care of the child. I can take care of her like a queen. After marriage, the luck of her brother and sister turned for good and they kept me away. She left me nine years ago and did not come back.” At this point, Lakshmi who was consoling her son outside the court hall, stormed in. “I was in hospital during childbirth but he did not once come to see me. He should have fed me when I was carrying. You will not understand how tough it is for a woman to become a second wife to a man. I will not go with him. I have brought up my son,” she told the court. Justice Patil told her that her husband was repenting. She countered, “Repentance is different and leading a life is different. Even I will repent, but how will anyone understand how I agreed to become his second wife and how badly he treated me. He used me like a worker. For two years, he produced xerox copies in court, showing that he had sent me alimony. But he didn’t. He should have fed me when the child was born. Why else would the child fear going with him? After you scared him, he is still crying after one hour.” After this outburst, the court sent both of them out of the court and read out the judgment. It ordered that since the child was of a tender age, he should not be deprived of the love and affection of both the parents. It ordered that the boy spend the last weekend of every month and half his vacations with the father. “Tell your client to motivate the child to meet the father, otherwise he will get full custody,” the judge told the mother’s advocate. http://www.bangaloremirror.com/index.aspx?page=article&sectid=1&contentid=2011110320111103003955358442f5eaa&mid=51

Irretrievable breakdown marriage as new proposed ground for divorce under Hindu Marriage Act and Feminist Abuse of IPC 498a, Domestic Violence, Child custody laws and Marital laws a LIVE interactive panel discussion on p7 news Channel on Kanoon Special

Irretrievable breakdown marriage as new proposed ground for divorce under Hindu Marriage Act and Feminist Abuse of IPC 498a, Domestic Violence, Child custody laws and Marital laws to Extort and blackmail husband and his family, a LIVE interactive panel discussion on p7 news Channel on Kanoon Special programme on 29 May 2011

 

PART 1/4

 

 

 

PART 2/4

 

 

 

PART 3/4

 

 

 

PART 4/4

 

Justice Dhingra aquits Mother in law of dowry death, slamming the trial court and public prosecutor for callousness. 'Criminal Justice System in India Needs Overhauling'

Justice Dhingra aquits Mother in law of dowry death, slamming the trial court and  public prosecutor for callousness. 'Criminal Justice System in India Needs Overhauling'

The Delhi High Court has said the justice delivery system needs overhauling as the poor are not getting timely justice in higher courts which are are kept occupied with cases involving persons with money or power.

"The whole criminal justice system needs overhauling so that the constitutional mandate of equality before law is made meaningful and it should not be the case that higher courts are kept occupied by the persons with money or power, as is the case today," the court said.

The court made the remarks while setting aside the conviction of a poor vegetable vendor who had to spend seven years in jail due to delay in disposing his appeal in the High Court.

The trial court had awarded seven years jail term to the vendor for allegedly killing his wife in 2003 and he filed an appeal in 2004 on which the High Court took six years to pass the verdict.

In the verdict, Justice S N Dhingra found him innocent and acquitted him but he had already spent his jail term.
"In this case, the High Court did not find time to hear the appeals of other two appellants who continued to remain in jail during trial period as well as appeal period for no crime of theirs," the court said adding the High Court should fix a time limit for disposing of such appeals.

"Neither the criminal should be let off by default as the High Court has no time to hear appeals nor should the innocents rot in jail by default," the court said.

The High Court pulled up the trial court for convicting the accused even though there were not sufficient evidence against him and merely on the basis of a statement made by his brother-in-laws.

"The conviction seems to be the result of a callous criminal justice system where neither the defence counsel prepared the case nor the prosecutor discharged his duty in an impartial manner nor did the judge consider it as his duty to see what offence was made out and everyone acted in a mechanical manner," the court said.

The court found that there was no evidence that the accused was harassing his wife for dowry leading to her death."The most disturbing factor is that no evidence, whatsoever, was collected by the police about the real facts. No effort was made by the public prosecutor or by the trial judge to even go through the evidence and consider what charges were made out. Charges seemed to have been framed in a mechanical manner," the court said.

In this case, the accused had married Janki in December, 2000 and she died within five months of her marriage.The court said that in such cases husband and in-laws should come forward to tell what was the real cause of death.

"The criminal practice in India has been on the lines of old track that accused must not speak and he should not be examined as a witness. I do not know why this practice developed but in all matrimonial offences, this practice is shutting the doors of the court to the version of the other side by their advocates," the court said.

http://news.outlookindia.com/item.aspx?703620

Honesty can’t be faked

Honesty can’t be faked

November 29, 2010   3:18:27 AM

Joginder Singh

The Government has grievously erred in the appointment of PJ Thomas as Central Vigilance Commissioner. It must make amends without delay

The Supreme Court of India, while hearing two separate though connected cases of public interest litigation, has raised a pertinent question by asking as to how the newly-appointed Central Vigilance Commissioner could fulfill his responsibilities since he is still an accused in a criminal case relating to irregularities in the import of palm oil. The Supreme Court has pointed out that the Central Vigilance Commissioner is supposed to order investigations into complaints of corruption received by the Commission he heads, the appellate anti-corruption body which supervises the functioning of the Central Bureau of Investigation. The accused in such complaints could well say: “You cannot deal with these as you are an accused in a criminal case yourself.”

According to the two PILs, the Union Government had ignored the Supreme Court’s guidelines for the appointment of the CVC. Under these guidelines, a three-member committee is supposed to select the CVC from a panel of civil servants with impeccable integrity and outstanding career records. The Supreme Court wanted to know whether this criterion had been followed. It also asked the Government whether the charge sheet against Mr PJ Thomas had been consistently ignored over the last 10 years during which time he was promoted several times — from being Food Secretary in Kerala he became Telecom Secretary and Secretary in the Ministry of Parliamentary Affairs before being appointed CVC. The Supreme Court said, “We are not against the person but we are on his office... We want to know if he, being an accused, is able to function at this sensitive post.” The Vigilance and Anti-Corruption Bureau of Kerala had filed the charge sheet in the palm oil import scam as per Section 19 of the Prevention of Corruption Act after securing proper sanction.

The Attorney-General later commented that if the criterion of ‘impeccable integrity’ were to be strictly applied then even the appointments of several judges and others holding constitutional office would be “subject to scrutiny and challenged”. The Attorney-General, perhaps, may not be aware that for every worthwhile appointment, including that of the judges, a vigilance clearance is required. The appointment of Chief Vigilance Officers of Government departments and public sector undertakings is cleared by the CVC after obtaining necessary reports from the CBI and other agencies. In fact, the Chief Justice of India rammed home the point by saying that under service rules, someone with a charge sheet pending against him would not even be considered for a promotion.

There is more than what meets the eye in all high profile appointments by the Government irrespective of the party in power. Rulers who abide by ethics do not need laws to tell them to act responsibly; those who are unscrupulous constantly seek a way around laws. The top bureaucrats — the Cabinet Secretary, the Home Secretary and the Principal Secretary — are all from Kerala. A phone call or an e-mail from any of them would have fetched them the latest information about the status of the case against Mr Thomas. The officer cannot be faulted for the munificence of the Government, but his colleagues who suppressed facts must share the blame. Fellow bureaucrats have got him a post-retirement job, that too with the status of a Supreme Court judge, that will keep him in comfort at taxpayers’ expense for another five years.

Indeed, the Union and the State Governments run an employment exchange for retired officers who have not only toed the line laid down by their political bosses but also, when asked to bend, have chosen to crawl. There are more than 400 committees and commissions which are practically reserved for retired officers. This is strange as most of the working officers in senior positions do not have even half-an-hour of work. Sometime back I ran into a Secretary to the Government and asked him was work. He said since he did not toe the line of his Minister the post of OSD was created for him. He defined OSD not as Officer on Special Duty but Officer in Search of Duty.

The only condition of post-retirement employment is that the bureaucrat should not only be flexible but also pliable. It is said in jest that civil servants lose a vertebra of their backbone for every one or two years of their service. By the time they retire, barring honourable exceptions, most of them become spineless wonders. They do so in the interest of their survival and occupying good posts till they kick the bucket. Nobody doubts the integrity of the Prime Minister, but he seems to have an incredible amount of faith in a corrupt bureaucracy which does not place all the facts before him. Why should the Government try to justify the unjustifiable? It has blundered in the appointment of the CVC.

Good governance requires hard work and the courage to take decisions. You do not need Solomon’s wisdom to realize that our actions produce reactions. When the Government has fixed the retirement age for bureaucrats at 60, why should some be favoured with extensions in service for five years by being appointed to various commissions or constitutional posts? The Government swears by the rule of law and fairplay but more often than not it treats some as more equal than others.

Thanks to the Supreme Court, the law of the land still remains alive and is periodically upheld as above all, no matter how powerful the individuals or institutions concerned may be. The Government must realize that there is no room for legal hair splitting on the pertinent questions raised by the Supreme Court in the case pertaining to the appointment of the CVC in violation of all norms and guidelines. There really should be no need to remind the Prime Minister, whose integrity is unimpeachable and who has a high sense of probity that governance is largely about being honest and speaking the truth, no matter how bitter it may be. Given the fact that the Prime Minister is widely seen as an honest individual, he should take the initiative in rectifying the blunder made by his Government in the appointment of Mr Thomas as the CVC. He is clearly not the right choice for the job; he should be removed and due diligence must be applied in finding an officer to replace him. There is no shortage of those who fit the bill and have an unblemished record. What Carlyle said for individuals is equally applicable to the Government: Make yourself an honest man, and then you may be sure there is one less rascal in the world.

http://www.dailypioneer.com/299756/Honesty-can%E2%80%99t-be-faked.html

Re-look at the dealings of Domestic Violence Act and Section 498a of the IPC-women's movement should focus more on protecting families than fighting against men

Re-look at the dealings of Domestic Violence Act and Section 498a of the IPC-women's movement should focus more on protecting families than fighting against men 

MYSORE: The Ashodaya Samithi, an organization helping sex workers and University of Mysore highlighted various forms of violence, harassment and exploitation faced by women in society, on Thursday. The event was held to observe international day for elimination of violence against women. It emphasized on the fact that decline in human values has led to various problems faced by women in society.

Southern police range departmental enquiry cell DySP Dharanidevi Malagatti said where there are no human values there will be more exploitation and harassment. Violence against women is always a violation of human rights and is still prevalent in society.

Demanding salary from women, restricting women's freedom, forcing women to go for work, etc., all amounts to crime under Domestic Violation Act. The fairer sex is still tolerating various kinds of harassment in their places of work and at home, said Dharanidevi and sought an end to violence against women.

Sociology department chairman Gururaj B felt the need to accelerate efforts to educate people, particularly those from the lower and middle classes, as they are usually the silent victims of harassment and exploitation.

Expressing concern over the misuse of laws, the chairman claimed that 75% of cases filed against men for harassment is false. Quoting a report of mid-1990s, he stated that over 1.25 lakh women had committed suicide over harassment in India, whereas the number of men who ended lives over similar charges had crossed 1.5 lakh. "We need to take a re-look at the dealings of Domestic Violence Act and Section 498a of the IPC. Also the women's movement should focus more on protecting families than fighting against men," he stated.


 Decline in values has led to violence against women - The Times of India http://timesofindia.indiatimes.com/city/mysore/Decline-in-values-has-led-to-violence-against-women/articleshow/6990667.cms#ixzz16K5oXxNM

‘Mum can’t prevent dad from meeting their child’ Karnataka HC (Banglore) Landmark ruling in favor of Shared parenting and upholding fathers’ rights on his children

Kudos to the CJI for a great order to curb such unscrupulous mothers from conducting such henious tactics of depriving fathers of their natural rights.
Hope the Indian judiciary wakes up to the true realities and shrugg off its biased attitude in Child custody cases

 

‘Mum can’t prevent dad from meeting their child’ Karnataka HC (Banglore) Landmark ruling in favor of Shared parenting and upholding fathers’ rights on his children

 

Hearing divorce case, chief justice Khehar rules in favour of husband who was denied visitation rights. But the real drama took place outside the court when the lawyer’s former wife turned up

author - shyam.prasad1@timesgroup.com

Posted On Wednesday, November 10, 2010 at 05:27:31 AM

In what is being seen as a landmark judgment in cases related to divorce and visitation rights of parents on their children, the high court of Karnataka on Tuesday ruled in favour of a husband who was prevented from seeing his son for over 10 months.

 

Photo - Seeing Madhuri cry in court, the CJ said, “This is not going to affect us”

In what is being seen as a landmark judgment in cases related to divorce and visitation rights of parents on their children, the high court of Karnataka on Tuesday ruled in favour of a husband who was prevented from seeing his son for over 10 months.

In what is being seen as a landmark judgment in cases related to divorce and visitation rights of parents on their children, the high court of Karnataka on Tuesday ruled in favour of a husband who was prevented from seeing his son for over 10 months.
The ruling came on the divorce proceedings of Shivkumar Challa and Madhuri who were married in 1996. Their son Rahul was born in 2000. Madhuri is being represented by James Arun Kumar.

Threat of jail
The court berated Madhuri for not following its order to allow her husband to meet Rahul every Sunday.

“We will send you to jail. Do you understand what jail is? You will be sent there right from here. Then your counsel can go to the Supreme Court,” chief justice J S Khehar told a stunned Madhuri in open court.

“Since January, how many Sundays have the father and son met? Not a single Sunday should be missed. Follow the order. If you fail, the following day you should be present in court at 10.30 am to tender an explanation for the same. Jail is a very bad thing. We look upon you as children. But even children should be reprimanded.”

At this point, Madhuri started crying profusely. Seeing this, the chief justice told her, “This is not going to affect us.”
Challa then told the court, “My child’s life is in danger.” But the court told him to stick to the present case, that of child visitation rights.

Lawyer gets it too
After the division bench of the chief justice and justice A S Bopanna had read its order, James Arun Kumar began to plead Madhuri’s case again.

But the chief justice said, “Do not play tricks. Do not play with words. We will be only too happy to take action. You are giving one explanation after the other. We will not allow this to happen. On Monday, you wasted 30 minutes of the court’s time. It will not be allowed to happen again. If there is the slightest deviation from the order, severe action will be taken. We are fed up with this case.”

LAWYER’S EX CLASHES WITH CLIENT
But the real drama happened outside the court as James Arun Kumar’s former wife Geetha and son Jason showed up. Challa had told Bangalore Mirror that Madhuri and his son were staying with James Arun Kumar who had divorced Geetha seven years ago.
As Challa came out of the court with his mother-in-law (Madhuri’s mother), Geetha told her, “You have not brought up your daughter properly. She stole my husband.”

Madhuri’s mother retorted, “Your husband stole my daughter.”

Son’s plea
Geetha and her son then turned to Madhuri. Geetha berated Madhuri for ‘taking away my husband’,
which led to a heated argument.

While Challa is fighting for visitation rights on his son, Geetha’s son wants his father back. Jason said, “My father drops Madhuri’s son Rahul to the same school where I am enrolled while I go by bus. I want my father back.”

My father drops Madhuri’s son to the same school where I’m enrolled while I go by bus. I want him back
Jason, son of lawyer challa

http://www.bangaloremirror.com/article/10/201011102010111005273150984689fd0/%E2%80%98Mum-can%E2%80%99t-prevent-dad-from-meeting-their-child%E2%80%99.html

Family courts falling short of goals

Family courts falling short of goals

By: Imran Shah | Published: October 14, 2010

LAHORE - The unexpected alarming surge in the institution of cases for divorce on the basis of Khula has made it difficult for the family courts to follow the National Judicial Policy-Making Committee (NJMPC), a body supposed to chalk out various long and short-term measures for early disposal of the cases.
The filing of divorce suits has witnessed an unprecedented surge over the last few years due to various factors like ever-rising unemployment and price-hike and monetary issues, in addition to the bad impact of entertainment channels, especially of Indian ones, revealed a survey conducted by TheNation.
The process of getting minors custody is a separate issue but all that including the recovery of dowry-articles and custody of minors can be claimed through a single suit, which has a relief to the women.
Advocate Muhammad Akbar Khan and others pointed out that family courts were overburdened with swelling pile of divorce suits. “The courts are falling short of the goals, set by the National Judicial Policy according to which family cases including that of the custody of minors and recovery of dowry-articles should be decided within six months,” they elaborated.
A data collected from the courts showed horrible figures of suits, instituted for getting divorces. In the family court of Civil Judge Syed Naseer Abbas Naqvi, a total 1,116 cases for dissolution of marriage were instituted from January to August 2010, and 1,046 cases of separations were decided by the court during the said period. Similarly the family court of Civil Judge Tamsal Syed Naeem received 724 cases for the dissolution of marriage from January to July 2010. Some 141 cases of family matters were instituted in the court of Civil Judge Ayeshum Bint-e-Sadiq in the month of July 2010. Again 90 per cent of the cases were of the separations.

http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/Regional/Lahore/14-Oct-2010/Family-courts-falling-short-of-goals

Woman unable to choose between parents, husband

Woman unable to choose between parents, husband

CHENNAI: Caught between her husband and her parents, a 25-year-old M Phil degree-holder expressed contrasting views — one inside the court and another as she was coming out of it — on Monday, and ended up in a Government Home in Mylapore.

It was high drama on the Madras High Court premises when Deepa, who was produced before a division bench comprising Justice M Chocka­lingam and Justice M Sathya­nara­yanan, following a habeas corpus writ petition by her husband Manimaran, told the court that she wanted to go with her parents but changed her mind when she came out.

When her father, Sakthivel, and some relatives tried to drag Deepa towards a car despite her protests and cries, advocates on the premises intervened. Deepa was again produ­ced bef­ore the judges in their chambers, where Advocate R C Paul Kana­karaj told them she wanted to join her husband but was being prevented by her father and his henchmen.

The bench, in its second brief order, said, “In appraisement of the situation and in view of the safety of the detenue”, Deepa will stay at the government home “until further orders” — and made it clear that neither Manimaran nor Sakthivel should disturb her.

According to Manimaran’s advocate Y Deva Arul Prakash, the couple got married on October 10, 2008, but started living together only this June as they had been pursuing their studies –– Manimaran was doing his BL. On August 13, Sakthivel took his daughter away by force, prompting the habeas corpus petition seeking that she be produced in court. Both Deepa and Manimaran are Dalits but he is a Christian, whereas she is a Hindu.

 

http://expressbuzz.com/cities/chennai/woman-unable-to-choose-between-parents-husband/208671.html

Woman thrashed inside HC in presence of police, advocates

Woman thrashed inside HC in presence of police, advocates

A Subramani, TNN, Sep 21, 2010, 05.30am IST
Article

CHENNAI: In an incident that underscored the vulnerability of the Madras high court campus to security threats, a young woman was thrashed and dragged away by her relatives in full public view on Monday even as police personnel watched in silence. Even her screams and wails evoked no response from the personnel posted on the court premises.

Finally, when the gang of relatives attempted to push the 25-year-old woman, Deepa, into a waiting car, some advocates intervened and said they would not allow her to be taken away in such a manner. They escorted Deepa back to the court and the judges, who took up the matter again, sent her to a government home.

As per a February 2007 order of the first bench of the court and a subsequent government order, the HC premises should be guarded by a 252-strong police force "at all times". The order, passed by the then Chief Justice AP Shah and Justice K Chandru, said: "No personnel, who is coming within the sanctioned strength of 252, comprising various categories, shall be deputed to any other work, except for the work of the high court, and no diversion of the force will be permitted, except with the prior permission of the chief justice."

The government had given its full consent to the order and besides stationing the prescribed number of personnel, it also gave an undertaking that they would be imparted adequate training.
If 252 police personnel were actually on duty on the court campus on Monday, none of them was seen anywhere near the hapless woman when she was being thrashed and dragged away by her relatives.

The matter relates to a habeas corpus petition filed by K Manimaran (27) of Villupuram district, stating that his wife Deepa was in the illegal detention of her parents. Manimaran, a law graduate, and Deepa, an MPhil degree holder, got married in October 2008, when they both were students, and were living separately till June this year. After Deepa's father got to know about the marriage, the couple started living together since July 28. On August 13, her parents took her away by force, prompting Manimaran to file a habeas corpus petition. However, when she was produced in court on Monday, Deepa informed the judges that she was staying with her father after ill-treatment by her husband and that she was not under any illegal detention. After recording this statement, the bench, comprising Justices M Chockalingam and M Sathyanarayanan, allowed Deepa to go with her parents.

The commotion started when Deepa stepped out of the court hall; her relatives rained blows on her. When they tried to bundle her out of the court premises, unmindful of her full-throated screams, not a single police or court official came to her rescue. She collapsed on the staircase, gasping for breath. On information, registrar-general S Vimala rushed to the spot, but Deepa had already been carried to a waiting vehicle by then.

Madras High Court Advocates Association president RC Paul Kanagaraj and senior lawyer Y Deva Arul Prakash explained the commotion to the judges and said Deepa was not safe in the custody of her parents. After Paul Kanagaraj mentioned the matter to the judges in their chambers, the court re-convened in the afternoon and said Deepa must be sent to the government home on Kutchery Road in Mylapore until further orders. It said neither her husband nor her parents must visit the home and disturb her during her stay there.
More than the facts and circumstances of Deepa's case, what was shocking was the utter absence of response from the police and court security personnel, who must maintain campus peace "at all times".

"If the police cannot foil a motley group's uncivil behaviour on campus, how can they be expected to take on concerted anti-social behaviour or a serious security breach?" asked an angry senior member of the Bar.

The incident also exposed the dangers of unfettered access available to private vehicles and strangers frequenting the court premises. It is time to restore the hugely popular and successful access control system, which was the first victim of the February 19, 2009, police-advocate clash on the campus, feel some senior advocates.

"Regulating the entry of private vehicles and strangers and streamlining vehicle parking on the campus will greatly enhance the general security situation in the high court," said a senior police official.

 http://timesofindia.indiatimes.com/city/chennai/Woman-thrashed-inside-HC-in-presence-of-police-advocates/articleshow/6596618.cms#ixzz10837Y7Fq

Dowry death case: key witness turns hostile

Dowry death case: key witness turns hostile

New Delhi, Sep 14 (PTI) A Gurgaon-based lawyer, a key witness in an alleged dowry death of a newly-wed woman here, today took a complete U-turn in a court here saying "I do not know anything about this case".

Mahender Singh Chauhan, practising as an advocate in Gurgaon district courts, appeared for testifying in the seven-year-old case following the issuance of bailable warrants by Additional Sessions Judge S C Rajan.

The key witness, who had allegedly recorded his statements to the police and the SDM concerned after victim Sarita committed suicide at her matrimonial home here, was declared hostile by the prosecution.

"I do not recollect that I was informed by the father of the victim (a co-villager) that his daughter was harassed by the accused for not bringing Rs 3.5 lakh cash and a car in dowry," Chauhan said while testifying as 19th prosecution witness in the case.

The witness, however, admitted that the statements, given to the police and the SDM, were signed by him.
However, he fell short of endorsing the statement saying "I don not recollect as to whether it was recorded by the SDM on September 1, 2003."

The court has fixed the matter on September 25 for further cross-examination of the witness.Earlier, the court had issued a bailable warrant against the lawyer after he had failed to appear and testify despite being summoned over 15 times.

The case pertained to alleged dowry death of Sarita Devi who committed suicide after consuming poison at her matrimonial house at Chanakyapuri here on August 31, 2003.Narender Yadav, husband of the victim and his parents, have been booked under various penal provisions dealing with dowry death and subjecting a married woman to cruelty.

The father of the victim alleged that her daughter was being harassed for not bringing a car and Rs 3.5 lakh cash as dowry.The alleged torture led her commit suicide within a year of her marriage.

Court service notices could be sent through e-mails: Delhi HC

Court service notices could be sent through e-mails: Delhi HC

link to the administrative Del HC notices

http://delhihighcourt.nic.in/Notifications/Notifications_Part175.PDF

http://delhihighcourt.nic.in/Notifications/Notifications_Part176.PDF

PTI | 09:09 PM,Sep 14,2010

New Delhi, Sep 14 (PTI) In a major effort to make litigations computer-friendly, the Delhi High Court has said notices to litigants could now be sent through e-mails as well.

In pursuance of the recent Supreme Court directives, the High Court said lawyers, who want their petitions to be heard on urgent basis, can get in touch with opposite parties through Internet.

In the case of filing of a fresh petition, the lawyers send the copy of the plea along with the court notices to the parties, to be sued, either by the registered post or by the court-approved couriers services.

"The Supreme Court... has directed that in commercial litigations and in those cases where the advocates seek urgent interim relief, service of the notices may be effected by e-mails, in addition to normal mode of service," the High Court said in an administrative order.

The High Court has asked the lawyers to provide soft copies of the petitions, in addition to the hard copy along with e-mail addresses of the parties at the time of filing the plea.

The copy of the order, issued by Rakesh Kapoor, Registrar General of the High Court, has been sent to various authorities including the nine district judges of the trial courts of the national capital.

http://ibnlive.in.com/generalnewsfeed/news/court-notices-could-be-sent-through-emails-delhi-hc/320320.html

U-turn by victim's parents; husband let off in dowry death in New Delhi

This again reinforces the misuse of 304B to fudge data of dowry death and dowry harassment to mislead the legislatures and siphon funds from US handlers in the name of women emancipation and empowerment

A recent judgment by Delhi HC has exposed and the mentality of girls’ parents to implicate husband and all his relatives in the desparate attempt to seek revenge or encash the opportunity to extort monies

the complete judgment is available here

http://legalmanthan498adowrymisuse.blogspot.com/2010/09/del-hc-misuse-of-304-b-dowry-death.html 

U-turn by victim's parents; husband let off in dowry death in New Delhi

Monday, Sep 6, 2010,

A Delhi court has acquitted six members of a family, including the husband of the victim, in a dowry death case, considering the flip-flops of her parents while recording the testimonies during the trial.

"I am astonished to see their (parents of the victim) changed versions. These witnesses have deposed entirely different things in their cross examination by their examination in chief," additional sessions judge SC Rajan of a fast track court said.

The court absolved Sandeep Chopra, the husband of deceased Shefali, and his five family members of the charges under section 304B (dowry death), 498A (subjecting a woman to cruelty) and 406 (criminal breach of trust) of the IPC.

Shefali, who married Sandeep in 2006, was found hanging with the ceiling at her matrimonial house at Chitranjan Park area in New Delhi on February 9, 2007.

In the FIR, Anita Bhatia, mother of the victim, had alleged that Shefali's husband used to harass her as one of his friends was not invited to their wedding. They had also demanded dowry, she had alleged.

She also charged the accused first killed her and then hanged her to the ceiling to establish that she committed suicide.

During the trial, Anita and Kuldeep Bhatia, parents of the victim, first testified that she was subjected to cruelty by the accused.

However, when cross-examined by defence lawyers, they took a complete U-turden and denied their own allegations.

The court, while perusing their testimonies, was of the opinion that there was some substance in the allegations but later found out that they were refuted by the witnesses themselves.

http://www.dnaindia.com/india/report_u-turn-by-victim-s-parents-husband-let-off-in-dowry-death-in-new-delhi_1434335

Full text @

http://legalmanthan498adowrymisuse.blogspot.com/2010/09/cross-examination-shatters-498a-304b.html

Delhi Govt asked to revise fee structure of amicus curiae

Delhi Govt asked to revise fee structure of amicus curiae

2010-09-05 10:20:00
Last Updated: 2010-09-05 10:28:26

New Delhi: A local court has asked the Delhi Government to revise the fee structure of the amicus curiae, who is appointed to assist the court or to render service to those who cannot afford advocates in judicial proceedings.

Additional Sessions Judge Kamini Lau expressed surprise over the scenario after being told that fee structure of amicus curiae has not been revised since 2002.

Amici curiae are appointed in courts at state expenses, generally to represent the accused who are unable to hire advocate to put forth their defence or to assist in the judicial proceedings.

The court said it was necessary to suitably reward the counsel who are appointed as amicus curiae.

"Representation through a counsel is not a mere formality that the accused be represented and it is necessary to ensure that in order to do justice proper opportunity is given to the accused to defend himself specifically in cases where the accused are unable to obtain legal assistance for the reasons of economic hardships or otherwise," the court said.

It also noted that the principle of natural justice also required that accused is properly represented in the court.

"Principles of natural justice require that no person be condemned unheard and hence the requirement to hearing the accused through his counsel. It is the duty of the State to provide such assistance and in order to ensure the quality of defence, assistance is being given to the accused persons," it said.

The court suggested the Delhi government to consider revising the pay structure of amicus curiae.

"This court is of the view that it is necessary that there should also be a suitable revision in the fee of Amicus Curiae as fixed by the Government of NCT of Delhi which has not been revised since the year 2002, and appears to have skipped their attention," the court said.

ASJ Lau also noted that the fee of the legal aid counsels has been recently enhanced by the Delhi Legal Service Authority (DLSA) while that of amicus curiae has been left untouched by the government.

The court made the observation after an amicus curiae representing an accused in a criminal case sought its direction to quantify his fees as the same has not been revised for quite some time.

The court fixed Rs 8,000 for the lawyer while directing that its order should be forwarded to the Chief Secretary and others for necessary action.

"I also deem it expedient that this fact be highlighted before the concerned authorities for necessary action at their end. I therefore direct that a copy of this order be placed before the Chief Secretary, NCT of Delhi and Principal Secretary (Law), Government of NCT of Delhi, for information and necessary action at their end," ASJ Lau said.

http://sify.com/news/delhi-govt-asked-to-revise-fee-structure-of-amicus-curiae-news-national-kjfkubjhjjj.html

Misuse of 498a and need for Amendment – panel discussion of SC judgment on misuse of 498a and dowry laws by women-IBN7 on MUDDA 21 AUGUST 2010

Misuse of 498a and need for Amendment – panel discussion of SC judgment on misuse of 498a and dowry laws by women-IBN7 on MUDDA 21 AUGUST 2010

 

PART 1/3

 

 

 

 

PART 2/3

 

 

 

 

PART 3/3

 

 

 

FULL TEXT OF JUDGMENT @

http://legalmanthan498adowrymisuse.blogspot.com/2010/08/sc-quash-misuse-of-498a-ipc-govt-to.html

Woman advocate gets misbehaving cops booked

Woman advocate gets misbehaving cops booked

Two policemen and two accused in a crime misbehaved with her at Shaherkotda police station

 

By Ahmedabad Mirror Bureau

Posted On Thursday, August 19, 2010 at 02:45:44 AM

A woman advocate forced Shaherkotda police to file a complaint against its own cops after they misbehaved with her and pushed her out of the station. She approached senior officers and the Police Control Room to force registration of the complaint.
According to the complaint filed by Bhavna Makwana, four persons, including two policemen, misbehaved with her at the police station. On Monday evening, Shaherkotda police had nabbed a person identified as Yagnik in a crime case, but he was later released by the court. Makwana handled Yagnik’s case.

Bhavna Makwana met senior officers,but not satisfied,

she went to police control room and forced the

Shaherkotda police to file complaint against the policemen

The next day, when Makwana visited Shaherkotda Police Station, she was threatened by Yagnik’s opponents in the case — Amit Kanubhai and Kanu Jeenabhai — who were standing there. The duo caught her by her hand, used abusive language and threatened her with dire consequences if she did not withdraw from the case.

Two inspectors of the Saherkotda police station — B J Patel and K G Sardawa — who were present there, saw the incident. But when she went to them to complain, instead of taking any actions they started making fun of her. They even abused her and pushed her out of the police station, Makwana said. 

Makwana went to narrate the case to DCP (zone III) S M Katara, who assured her of looking into the matter. Not convinced by Katara’s response, she went to JCP (sector I) Satish Sharma. Sharma too assured her that he would take necessary actions and asked her to give a written application in this matter.

Thinking that he too might take the matter lightly, Makwana called the Police Control Room which, in turn, called the Saherkotda Police Station and ordered the officer there to file a complaint against the four persons, the two policemen and the two accused, on Tuesday evening.

 

http://www.ahmedabadmirror.com/article/3/2010081920100819024544672ba336c7a/Woman-advocate-gets-misbehaving-cops-booked.html

 

 

To strengthen case, lawyers, litigants make beeline for private eyes

To strengthen case, lawyers, litigants make beeline for private eyes

 

City anchor: DETECTIVE AGENCIES WOOING CLIENTS and lawyers WITH PROMISE OF LITIGATION SUPPORT in the form of LEGALLY ADMISSIBLE EVIDENCE

Litigants in the city are hiring more than lawyers to help them win cases. In fact, with the stakes getting higher and higher, many of them have started approaching private detectives to collect evidence against their opponents in court. In turn, the detective agencies assure clients that the “litigation support” provided by them will be completely “admissible under the laws”.

Interestingly, cases reaching private detectives mostly concern couples either planning to get married or already married. Those yet to get married hire detectives for pre-marital verifications regarding job profile, salary, family details and other habits and also to check on the spouses’ fidelity before they take the plunge. Similarly, post-marital verifications involve those who doubt the fidelity of their spouses and are looking for a conclusive answer to their apprehensions.

“Significantly, more women approach us for vetting spouses than men. They want peace of mind after a comprehensive probe and we help them. Through discreet surveillance and undercover operations, our investigators assist them in determining if the other spouse is being dishonest in the relationship. Audio and visual evidence collected are later produced in court while seeking divorce on this ground,” said Ajit Singh, who runs Hatfield Detectives in Satya Niketan.( click the link) 

Singh said men often approach them for help in alimony battles. “In several cases, married women seek alimony from husbands claiming they are unemployed and depend on their estranged husbands for maintenance even though they are employed and earning. We collect evidence like their salary slips, cheque and bank account details, attendance register etc to nail their lies in the court,” he added.

While pre-marital investigations cost a minimum of Rs 15,000, post-marital probe can cost anywhere between Rs 20,000 and Rs 60,000. “Given the situation where a man can be asked to shell out lakh of rupees apart from harassment, what we charge is nothing and people happily pay us,” Singh said, adding his clients are not limited to the upper strata of society.

Major Ashok Bhalla, director of A B Detectives, said: “Apart from marital cases, we are also hired for assisting a party in cases of cheating, forgery and property disputes. We gather documentary evidence in such matters by using our resources and contacts. We retrieve papers inaccessible to litigants and take them to court.”

Nirmal Mishra, a lawyer, supports the idea of hiring private detectives for strengthening his case. “Why can’t we hire detectives for gathering some more evidence? No lawyer or his client wants to lose the case. When we have the convenience, we should use it to our benefit,” he added.

 

http://www.indianexpress.com/news/to-strengthen-case-lawyers-litigants-make-beeline-for-private-eyes/659610/

SHO, SI held for graft – for cahooting with opponent party in a matrimonial dispute

SHO, SI held for graft

Tribune News Service

Chandigarh, August 11
Sleuths of the Central Bureau of Investigation (CBI) today arrested SHO of the Industrial Area police station Dilsher Singh, a sub-inspector Hans Raj and two others for allegedly accepting Rs 40,000 from a Panchkula resident, who is involved in a cheating case.

CBI officials said two persons, identified as Jhujjar Singh, owner of a tea stall near the police station, and Satwant Sethi, had accepted of Rs 40,000 from the complainant on the behalf of police officials.

Jhujjar Sethi was talking over phone with sub-inspector Hans Raj when he was caught red-handed while accepting the money. The CBI team simultaneously apprehended Sethi and sub-inspector Hans Raj.

Sources said the complainant, Gagan Gupta, a resident of Modern Housing Complex, Panchkula, had a matrimonial dispute with his wife. He is contesting a case in the Punjab and Haryana High Court seeking custody of his minor son. On August 3, a case of cheating and impersonation was reregistered against Gagan Gupta and his friend at the Industrial Area police station for giving a false advertisement in a newspaper on a complaint lodged by the counsel of the opposite party. It was alleged that the advertisement was given to harass the counsel contesting the case against Gupta.

The CBI said that Gupta had obtained an anticipatory bail in the case. Sub-inspector Hans Raj had contacted him seeking bribe for favouring him in the case, the CBI said.

Hans Raj called Gupta to the police station where he had a discussion with SHO Dilsher Singh. Assuring him of help, Hans Raj demanded a bribe of Rs1 lakh initially and later settled the deal for Rs 40,000, the CBI said.

Dilsher is the second SHO in the Chandigarh Police arrested by the CBI in a corruption case. Earlier, inspector Bishi Ram was arrested from the Mani Majra police station on similar charges.

http://www.tribuneindia.com/2010/20100812/cth1.htm#1

CHILD CUSTODY LAWS-Fathers denied child custody-demand SHARED PARENTING - p7 news

PART 1/2 - CHILD CUSTODY LAWS-Fathers denied child custody-demand SHARED PARENTING - p7 news 8aug10

 

 

 

 

PART 2/2 - CHILD CUSTODY LAWS-Fathers denied child custody-demand SHARED PARENTING - p7 news 8aug10