Court grants bail to husband in domestic violence case

Court grants bail to husband in domestic violence case

Ghaziabad, Sept 29 (PTI) A local court today granted bail to a Computer Engineer who was arrested on charge of domestic violence and dowry demand following a complaint by his wife.
Additional District and Session Judge S N Srivastva granted the bail to Vasu Gautam after his lawyer argued that the charges by his wife Versha were false.
In her complaint last month, Versha had alleged that her husband and his parents used to assault her and that they wanted to throw her into prostitution racket while they were in US to carry out his company project work.
However, Vasu denied the charges and accused his wife of withdrawing ornaments from the bank locker without his or his family's consent.
Earlier the court had granted bail to his parents in the case. The couple got married in 2004 and has a five-year-old son.

http://www.ptinews.com/news/994980_Court-grants-bail-to-husband-in-domestic-violence-case

TODDLER IN DOWRY CASE: Misuse of 498a dowry laws- Zoya is the youngest bail applicant before the Bombay Sessions Court. Stepmom names two-month-old in dowry FIR

TODDLER IN DOWRY CASE: Misuse of 498a dowry laws-Zoya is the youngest bail applicant before the Bombay Sessions Court. Stepmom names two-month-old in dowry FIR

 

 

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TODDLER IN DOWRY CASE: Zoya is the youngest bail applicant before the Bombay Sessions Court.

THE DOWNSIDE OF FEMINISM!
Her mother, Reshma Shamsuddin Khan, pleaded with the police. "Sahab ye toh choti bacchi hai. Iska aapne kaise complaint le liye. Toh woh bole nai kuch problem nahin hai, hota hai saat-aath saal ke bachi ka bhi hamare paas case hai. Tab humney socha ke court jayenge. (I told them that she is a baby and how can you write her name in the FIR. The policemen said that it was no big deal and that they had other cases against young children too. That's when we decided to go to court.")
The defense lawyer, Ashok Bhole said, "My client called me and told me everything. I saw that the child's name was also in the complaint, so I quickly filed a bail application in the sessions court."

http://ibnlive.in.com/videos/95365/stepmom-names-twomonthold-in-dowry-fir.html

Justice Dhingra slams Delhi Police for filing dowry cases without proper probe

Delhi Police rapped for filing dowry cases without proper probe

Posted On: 06-Aug-2010 08:50:45 PM Source: IANS

A day after the Supreme Court held that a person cannot be convicted for merely demanding dowry, the Delhi High Court Friday pulled up the Delhi Police for registering a case of dowry against a person without carrying out a proper probe.

While granting bail to a person arrested under the dowry act, Justice S.N. Dhingra observed that before registering an FIR, the police must investigate the allegations levelled against a person in a detailed manner.

As per the prosecution, the complainant in the case, Ramesh Chand had alleged his daughter Geeta's brother-in-law, Jaipal and sister-in-law used to physically harass her. Geeta had married Mahadev Feb 16.

In his complaint, Ramesh Chand mentioned that during marriage, his daughter's father-in-law demanded a car which they could not give. After two months of the marriage, Mahadev started beating her. Also according to prosecution, Geeta's brother-in-law also harassed her, asking her to bring more dowry. Geeta committed suicide June 26.

While submitting his bail plea before the court, Jaipal contended that he did not demand anything either from Geeta or from any other member of her family.

'He was not involved in any act pertaining to the cruelty for any demand of dowry. There is absolutely no allegation in the entire prosecution story that the petitioner was involved in committing any act which can be covered under the four corners of the sections 498-A (Husband or relative of husband of a woman subjecting her to cruelty) and 304-B (dowry death) of IPC (Indian Penal Code),' submitted Amit Sahney, his counsel.

He also said that the police registered a case against him only on the allegations of Ramesh Chand. 'Police could not find anything incriminating against him. The entire story of the prosecution is based on surmises and conjectures and there is absolutely nothing on record against him,' he submitted.

http://sify.com/news/delhi-police-rapped-for-filing-dowry-cases-without-proper-probe-news-national-kigvadcjjjh.html

Held for abetting wife's suicide, Canadian national gets bail

Held for abetting wife's suicide, Canadian national gets bail

TNN, Aug 6, 2010, 01.37am IST

NEW DELHI: A Canadian national of Indian origin, who was arrested last year for allegedly abetting the suicide of his wife, has been granted bail by a trial court.

"Without making any observations on merits of the case and keeping in view the fact that all the witnesses have been examined by the court and the accused has been in judicial custody since September 2009, I admit the bail of Pawan Dass,'' additional sessions judge Kamini Lau said, while directing the accused to report to the SHO of the police station every month till the conclusion of the trial.

Earlier, seeking bail, Dass's counsel Prabhjit Jauhar said that the accused was falsely implicated in the case. Victim Richa committed suicide on April 4, 2004 by hanging herself. According to the victim's family, the girl took the extreme step under frustration that she had been left behind by her husband. Pawan Dass got married to Richa Saproo on December 11, 2003 in the capital. After getting married, Dass left for Canada in January, 2004.

Dass's counsel, however, alleged that Dass kept on sending money through Western Union Money transfer on various occasions and also deposited money for applying for immigration of Richa to Canada in 2004. In fact, an interview call was received from the Canadian Immigration authorities for immigration of Richa at Delhi.

Accepting the contentions of the accused, the court granted bail on the condition that Dass deposits his passport to the police. The court directed him not to leave the country without the prior permission of the court.

A case was registered against Dass under Section 498A and 306 IPC for having abetted the suicide of the deceased. Pawan was arrested from the International Airport on September 20, 2009.

http://timesofindia.indiatimes.com/city/delhi/Held-for-abetting-wifes-suicide-Canadian-national-gets-bail/articleshow/6263391.cms

498a bail condition - Say sorry to your wife, HC orders cop husband

498a bail condition - Say sorry to your wife, HC orders cop husband

Court asks cop to apologise to wife

OUR LEGAL REPORTER

A high court division bench on Tuesday refused to hear the anticipatory bail plea of a Bengal police constable who had moved the court apprehending arrest on the charge of torturing his wife and directed him to apologise to her with “folded hands”.

“The police have been entrusted with the job of ensuring that no housewife is tortured by her husband or in-laws. But in this case, the accused himself is a policeman. He should be given an exemplary punishment. This court is directing the petitioner to beg his wife’s pardon with folded hands within seven days. After that the court will hear his petition,” the bench of Justice Asim Banerjee and Justice Raghunath Roy stated.

The judges also asked the constable Dinesh Chandra Roy’s lawyer to inform them whether his client had gone to his in-laws’ house and apologised.

If the cop does not obey the order within the stipulated period, the matter would be brought to the notice of his superiors and stern action would be prescribed, said the judges. The bench scheduled the next hearing of the case on August 10.

“Many cases of torture on housewives by their policemen husbands are coming to the court. The division bench’s unique decision will surely send a message to the protectors of law,” said advocate Pradip Roy, counsel appearing for the state.

The 27-year-old constable, posted in Cooch Behar, had married Tapasi Roy, 21, of Bhaktinagar in Jalpaiguri, on December 11, 2009.

“Dinesh took dowry at the time of marriage but still used to ask his wife to bring more money from her father. As Tapasi’s father, a trader, could afford to give more money, Dinesh used to torture Tapasi both mentally and physically,” Pradip Roy told the court during Tuesday’s hearing.

The lawyer told the bench that the constable had beaten up his wife mercilessly on June 11 and she had to be admitted to a nursing home in Cooch Behar.

Tapasi’s father Sunil Roy, after getting the information, travelled to Cooch Behar on June 18 and brought Tapasi back to Jalpaiguri. Sunil later lodged a complaint with Gokulbhita police station in Jalpaiguri against his son-in-law under section 498A of the IPC.

http://www.telegraphindia.com/1100804/jsp/calcutta/story_12766843.jsp

 

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KOLKATA: Dinesh Ray, a police constable posted at Cooch Behar, came all the way to Calcutta high court, praying for anticipatory bail. Ray feared arrest after his father-in-law lodged a complaint of wife torture under Section 498A of the IPC. The court asked Ray's counsel to ensure that the constable apologises to his wife by next Tuesday, failing which the court would take action against the accused.

The alleged wife torture began a month after Dinesh married Tapashi of Jalpaiguri in December, 2009. It continued for months till Dinesh recently thrashed his wife so much that Tapashi had to be rushed to a nursing home. Her father Sunil Ray lodged a complaint with the Gokulvita police.

When Ray's counsel Ranjana Talapatra moved the anticipatory bail, the division bench of Justice Ashim Kumar Banerjee and Justice Raghunath Ray held that it was shameful act on the part of the accused because he happens to be a police constable and is quite aware of the implication of the complaint under 498A. However, the bench did not turn down the bail application.

http://timesofindia.indiatimes.com/city/kolkata-/Say-sorry-to-your-wife-HC-orders-cop/articleshow/6254113.cms

Live in relationship - Man seeks alimony from woman who filed dowry harassement Ipc 498a 506 on him

HYDERABAD: Giving gender equality a fresh twist, a jobless man has sought Rs 8,000 a month as alimony from his 'gainfully' employed partner.

This gender bender case, which has landed at the Andhra Pradesh High Court, however, gets even more curiouser in its detail. The couple in question are not legally wedded but have been in a live-in relationship for the last 10 years and even have a daughter.

The Mahbubnagar-based couple's happily ever after story hit a roadblock when the woman, who is 42, in a fit of rage filed a case of 'dowry harassment' against her jobless live-in partner, who is 51, alleging that he was physically assaulting her.

The woman, a multi-purpose health worker with a government hospital with a decent monthly salary of Rs 20,000 (especially in the context of a small town like Mahbubnagar), even moved out of the house with the child.

With sections 498 A, 506 and 509 of IPC pressed against him, the man moved the AP High Court seeking anticipatory bail stating that the charges were invalid since the two were never legally married. And then he served a googly — he filed a simultaneous petition seeking maintenance of Rs 8,000 from his live-in partner of 10 years.

When the case first came up for hearing at the High Court a few days ago, the counsel representing the man referred to a recent Supreme Court judgment wherein the apex court had granted alimony to a woman in a live-in relationship from her partner citing that the number of years the two had put together were 'considerable', akin to a marriage. The man in this case has now pinned his hope on the apex court verdict with his counsel arguing how he too has put in 10 years of his life into this relationship and is thus a 'considerable' time period for him to earn his alimony from the earning partner.

In the first hearing, the HC judge had asked the man's counsel to look into the merits of the case himself and also consider whether the SC judgment can apply here, given the difference in the gender of the alimony seeker.

A similar case was filed by a Tamil Nadu resident Kalaiselvan who had sought a whopping Rs 25 lakh from his ex-wife, a news story that flashes on many websites catering to aggrieved husbands. But the judgment on the case is awaited.

On Tuesday, the HC posted the Mahbubnagar man's alimony petition case for its next hearing on July 30. Clearly, an unusual gender test for the AP High Court.

http://timesofindia.indiatimes.com/city/hyderabad/Man-seeks-alimony-from-partner/articleshow/6164976.cms

Anticipatory bail provision back in UP after 34 years

Anticipatory bail provision back in UP after 34 years

The UP Government on Friday approved reintroduction of the provision of anticipatory bail, a legal measure abolished 34 years ago. The decision was taken at a Cabinet meeting chaired by CM Mayawati. taken at a Cabinet meeting chaired by CM Mayawati. The anticipatory bail system would be reintroduced in Uttar Pradesh after almost three decades with some conditions. The State Cabinet, which met on Friday, finalised the Bill bringing amendment in the Criminal Procedural Code, thus facilitating implementation of the clause of anticipatory bail.

A UP Government spokesman said Section 438 of the CrPC would be amended through a legislation in the forthcoming Monsoon Session of the Legislature. Section 438 of the Criminal Procedural Code (Uttar Pradesh Amendment) Act, 1976, was amended in 1976 by the then State Government, abolishing the anticipatory bail system in the State.

"The decision to re-introduce anticipatory bail was taken following recommendation of a high-level committee," the spokesman said.

The committee, headed by State Advisory Council Chairman Satish Chandra Mishra, had given its recommendation to revive the system. The UP Advocate General, Principal Secretary (Home), Principal Secretary (Law), Principal Secretary (Parliamentary Affairs) and DGP were other members of this committee. The reprieve has, however, come with a rider. The anticipatory bail system would be applicable on only those cases where the maximum punishment is not more than 10 years imprisonment.

In another decision, the Cabinet has authorised Principal Secretary (Planning) to sign a memorandum of understanding with the Unique Identification Authority of India.

This decision would pave the way for early implementation of the UID number project in the Uttar Pradesh.

http://epaper.dailypioneer.com/ThePioneer/Pioneer/2010/07/31/ArticleHtmls/31_07_2010_001_082.shtml

 

 

LUCKNOW: Uttar Pradesh government on Friday approved reintroduction of the provision of anticipatory bail as provided in Indian Penal Code (IPC), a legal measure which was abolished 34 years ago.
A decision in this regard was taken at a cabinet meeting chaired by chief minister Mayawati.
However, the provision would not be applicable in murder, abduction cases and cases of SC/ST (Atrocities Prevention) Act, official sources said.
The home department had on May 4 constitued a committee, with chairman state advisory board, advocate general, principal secretaries home, law and parliamentary affairs as it members, which recommended implementation of provisions of anticipatory bail in the state, they said.
The provisons of anticipatory bail under Section 438 of Crpc was abolished in Uttar Pradesh by IPC (UP amendment) Act 1976, they added.

 

http://timesofindia.indiatimes.com/india/Anticipatory-bail-provision-back-in-UP-after-34-years/articleshow/6237783.cms

 

Exactly 34 years after it was scrapped, the provision for anticipatory bail is being reintroduced by the state government in Uttar Pradesh. A decision to that effect was taken at a meeting of the state cabinet presided over by Chief Minister Mayawati on Friday. "The cabinet has decided to seek an

amendment in Section 438 of the Criminal Procedure Code, whereby the provision for anticipatory bail that was repealed way back in 1976, was sought to be restored," an official spokesman said on Friday.

This follows a recommendation given by a high level committee under the chairmanship of Uttar Pradesh Advisory Council chairman Satish Chandra Misra. Among others on the committee were the advocate general, principal secretary (law), principal secretary (home), principal secretary (legislation) and director general of police.

The committee recommended for reintroduction of anticipatory bail, albeit with certain riders. "As such, it would not apply in case of all special laws like the gangsters act or various anti terrorist laws," the spokesman added.

http://www.hindustantimes.com/Uttar-Pradesh-seeks-amendment-to-reintroduce-anticipatory-bail/Article1-580063.aspx