Leaving hubby often is cruelty: Court

Leaving hubby often is cruelty: Court

Monday, Jan 20, 2014, 6:53 IST | Agency: DNA
Grants divorce to man who accused wife of frequently going to her parents' place without his permission.

Representational pic

If a woman leaves her matrimonial home regularly without her husband’s permission or on false pretexts, it amounts to desertion and cruelty to the man as he would be deprived of marital bliss, observed the family court recently while granting divorce to a couple. 

The couple married in 2007 and have a daughter, whose custody has been given to the mother. The man had approached the family court, seeking divorce in his petition. He alleged that right from the beginning, his wife never made any attempt to get herself know her in-laws. 

“Even after 15 days of marriage instead of mixing up and knowing the family members, the respondent preferred to go to her parental house without information/permission of the petitioner. Such conduct of respondent continued thereafter,” stated his petition. 

The husband further alleged, “He tried his level best to continue relations but there was no change in the behaviour of respondent.” After going through the arguments and affidavit filed by the husband, the court issued notice to the woman. Since there was no response from her side, the court passed on an ex-parte order.

The court noted that “The parties are young. They are supposed to spend maximum time with each other. Particularly, after the birth of their daughter. It can be inferred from the evidence that even though the petitioner was not at all fault, the respondent deprived him from marital bliss without any justifiable reason.”

Further it said “Even if there are disputes/ differences between the married couple those can be solved by taking initiative. Miscommunication/ misunderstanding creates distance in the relation. 

Normally the guilty spouse either takes aggressive stand and/or keep silent. The conduct of the parties can be inferred from the pleadings and evidence. It clearly shows that the respondent deserted the petitioner for a long time. The desertion amounts to cruelty.” 

The court granted divorce and directed the man to pay a monthly maintenance of Rs 1,500 to the minor child.

Source - http://www.dnaindia.com/mumbai/report-leaving-hubby-often-is-cruelty-court-1953827

Where judges save marriages

Where judges save marriages

Smriti Singh, TNN Oct 6, 2008, 03.01am IST

With an alarming increase in the number of couples heading for divorce in the Capital, judges have now stood up to save the sanctity of marriage. From advising the couple to give their marriage a second chance to making them understand the practicality of life, the judges are doing everything that can change the mind of the couple heading for separation.

The concept of mediation centres is rapidly gaining popularity, and with a success rate of 63%, this new role of the gravel-hammering judges has earned them accolades from everywhere. According to recent court figures, more than 1,36,000 marriages take place every year while some 8,000-9,000 divorce cases are filed each year. In fact, an average of 10 cases are filed per day in just one court.

However, the new Additional Dispute Resolution (ADR) method has given the judiciary a more humane approach in resolving the matter. Sample this: A couple which had filed for a divorce recently went back to give their marriage a second chance after attending sessions in the mediation centres. "The main problem with the couple was a communication gap as both were working. So, when they approached us, all we told them was to talk, be more expressive and resolve their issues over a cup of coffee. It worked for them and within 5 sittings, they decided to give it another shot," said a mediator judge who refused to be named.

Earlier, this wasn't the role of mediation centres. The case was generally forwarded to the civil courts if the couple was not ready to reconcile. However, the new ADR method involves an enhanced role of the judge. The centres have taken the help of ADJs to do the job of the mediators. In the mediation centre at Gole market, which comes under Delhi Legal Services Authority, there are five district and sessions judges, who meet couples everyday between 8am to 7pm. Similar mediation centres can be found in Tis Hazari and Karkardoma. "The role of the judge in these mediation centres is not only to mediate between the couples but also to understand the dispute between the two parties and come up with an amicable solution," Sanjay Sharma, the project officer of DLSA, told TOI.

"Mediation in the context of matrimonial disputes is different in form and content from commercial and property disputes. So we give advice on things like motivation, sentiments, social compulsions, personal liabilities, and responsibility to solve the matter," said a mediator judge on the condition of anonymity.

The latest figures at the Tis Hazari mediation centre are encouraging. The success rate of settled cases in Tis Hazari is as high as 63% while at Karkardoma it's close to 60%.

"Out of 7,473 cases handled by the mediation centre in the past three years, 7,264 have been disposed off by now. About 4,605 cases have been settled successfully," informed Kapoor, the judge in charge of the mediation centre in Tis Hazari courts.

"Our main job is not to tell them what to do, but to mediate between the two parties. We motivate these couples to sort out their differences and the judges here try to talk to them about issues like personal liabilities and responsibilities to solve the matter," Kapoor added.

The judges at the mediation centres believe that the mindsets of the people have changed over the years. While earlier getting a divorce was considered the last resort for a couple, now they consider it their first option.

Mediator to the rescue

Anita Dhingra (name changed) never thought that her marriage of six years would come crashing down after her husband got a job transfer to another city. Anita, a working professional, did not want to leave her job so both decided to work in different cities for a while, hoping to find a solution soon. "It never worked out. Instead, we grew apart and problems started arising. I was accused of not being mature and understanding. There was too much stress," she said. In November 2007, the couple decided to split and filed for a divorce.

Their counsels suggested sessions in the mediation centre. Both agreed and as they say the rest is history. "We both were pretty apprehensive about going for sessions in the mediation center but we went ahead. The first few sessions were a waste as we just blamed each other for every thing and refused to reconcile. But then, our mediator asked us to reason out the differences and suggested certain ways to mend our differences," she said.

The first suggestion was to interact. The mediator advised the couple to take a cool-off period and think about the positive side of the relationship. "Although, the mediator never enforced anything on us, her advice came in handy and our differences started to dissolve," Dhingra said.

After the 10th session, the couple decided to give their marriage another try. Cut to September 2008, and the couple is living happily in the capital with Anita's husband taking up another job here.

This is not the only case where the help of a mediation centre has come to the rescue. There have also been number of cases where the couple still head for a divorce but on "cordial terms". One of the mediators in Tis Hazari courts explains, "Most of the time the couple comes with a decision. So we try that no matter what the decision they take in the end, it has to be on cordial terms." The mediator added that many couples who still went ahead with the divorce are now good friends. "It's healthy for everyone. Especially, if they have kids," she said.

(smriti.singh@timesgroup.com)

http://articles.timesofindia.indiatimes.com/2008-10-06/delhi/27926178_1_mediation-centres-judges-divorce-cases

Wearing revealing dress is cruel and ground for divorce: Delhi court

Feb 11, 2011, 21:16 IST
Wearing a revealing dress during her honeymoon proved costly for a woman as a court granted divorce to her husband saying improper dressing by the woman brought mental cruelty to the man.
"Cruelty includes not only physical but mental cruelty as well. Ostensibly, she (wife) has indulged in bloating falsehood beyond proportions," additional district judge Manmohan Sharma ruled, accepting the husband's plea that he suffered mental agony due to his wife wearing 'vulgar' dresses regularly since their honeymoon.
The court allowed the husband's divorce plea saying "mere living under one roof without the necessary ingredients of love and faith, which are the hallmark of a fruitful matrimonial relationship, is nothing but animal existence."
The husband, in his petition seeking divorece on the ground of having been subjected to cruelty, had contended that his wife wore vulgar clothes during their honeymoon.
"During their honeymoon, she dressed herself in a very vulgar manner and when he asked her to change the dress she retorted that she had dressed herself that way to be noticed by at least 50 people," the husband had said in his plea.

The court gave divorce decree to the husband after hearing some audio recordings, played by the woman's father-in-law, proving that she had conspired with her parents to torture her husband and in-laws.

"She (wife) has gone to the extent of conspiring with her parents to teach the petitioner (husband) and his family a lesson," the court held in its ruling.
"The nature of cruelty suffered by the petitioner (husband) is partly physical and predominantly mental. So, it is held that he has been treated with cruelty by respondent (wife) after solemnisation of their marriage," the court said.
The couple had married in August 2007.
The court allowed the man's divorce plea rejecting the woman's contentions that her husband and in-laws had levelled frivolous and baseless allegations against her as her parnets failed to meet their demand for dowry.
"The respondent (wife) crossed another milestone by making reckless allegations of demand of dowry and illicit relationship against her husband, which she could not prove," the court said.
http://www.dnaindia.com/india/report_wearing-revealing-dress-is-cruel-and-ground-for-divorce-delhi-court_1506527

Misuse of dowry provisions is legal terrorism: Delhi Court

Misuse of dowry provisions is legal terrorism: Delhi Court

Smriti Singh, TNN, Mar 3, 2011, 01.39am IST

NEW DELHI: Terming the misuse of provisions of dowry harassment by women as "legal terrorism'', a trial court has slammed such women who, in a bid to settle scores, drag all family members into a dowry harassment case though they may be "totally unconnected" with the case.

"The provisions of Section 498A are not a law to take revenge, seek recovery of dowry or to force a divorce but a penal provision to punish the wrongdoers. The victims (women) are often misguided into exaggerating the facts by adding those persons as accused who are unconnected with the harassment under a mistaken belief that by doing so they are making a strong case," additional sessions judge Kamini Lau said.

The court's remarks came while discharging a man, who was chargesheeted by police for allegedly harassing his sister-in-law for dowry. A metropolitan magistrate had summoned the man on the basis of the complaint. The man had moved the sessions court challenging the magistrate's order saying there was no legal evidence against him.

Even as the complainant alleged that the man beat her up for dowry, the court was shocked to know that he was not even present in the house at the time of the incident. In her complaint, the woman alleged that her brother-in-law on October 23, 1998, asked her to bring more money for her husband and when she showed her helplessness, she was slapped and threatened by him.

The man, however, proved his innocence by producing the certificates which stated that he was living in Mumbai at the time of the incident. After going through the record, ASJ Lau said, "in any matrimonial dispute, it is the primary duty of every court to ensure that for any fault of the husband, his other relatives including married sisters and brothers who may be living jointly or separately and the aged parents are not involved either out of vengeance or to curl out appropriate settlement."

The court also expressed its displeasure over the misuse of the dowry harassment laws. "I am compelled to observe that provision in the recent years has become consummate embodiment of gross human rights violation, extortion and corruption and even the Apex Court of our country had acknowledged this abuse and termed it as legal terrorism," it said.

http://timesofindia.indiatimes.com/city/delhi/Misuse-of-dowry-provisions-is-legal-terrorism-Court/articleshow/7615680.cms#ixzz1FUGOhqQv

FIR against woman for forging legal papers

FIR against woman for forging legal paper

Sumit Saxena, Hindustan Times Email Author New Delhi, November 30, 2010

A city court has ordered registration of a criminal case against a woman who forged judicial records in the custody case of child. A metropolitan magistrate at Tis Hazari courts observed that the woman intended to gain mileage over her husband in her domestic violence cases along with her child custody case.

Laviral (name changed) and Sheila (name changed) got married in March 2007. Gagan Preet Singh and Karan Bir Singh, counsel for Laviral, told the court, “Sheila in connivance and conspiracy with unknown persons had prepared a false and forged document that is a written statement of his petition under Section 9 of Hindu Marriage Act and in her reply to the petition seeking custody of child.”

The court noted that Sheila in her reply to a case following the custody of the couple’s two-year-old son filed an affidavit with forged signatures and stamp of an oath commissioner.

“The investigating officer did not notice the forged signatures and stamps and processed the documents during the case hearing,” said the counsel for Laviral.

According to the action taken report of station house officer of Subzi Mandi police station, it was revealed that Sheila

claimed that the documents were sent to her at residence in Jhansi but the place of verification and signature on them mentioned the place as Delhi.

The court noted that facts and circumstances of the case and the statement of Sheila recorded during inquiry revealed committing of a cognizable offence by the accused and unknown persons.

http://www.hindustantimes.com/FIR-against-woman-for-forging-legal-papers/Article1-632873.aspx

Court to NCT govt: Frame rules to deal with dowry deaths

Court to NCT govt: Frame rules to deal with dowry deaths

A Delhi court on Monday expressed its displeasure over "inaction" on the part of the NCT government in framing proper rules for executive magistrates to follow in case of unnatural death of a woman due to dowry harassment. Additional Sessions Judge R K Gauba also decried a practice followed by the

Delhi police in which they wait for a Sub Divisional Magistrate (SDM) to send a report in order to register an FIR in case of death caused due to dowry demand.

The court sought a report from the Deputy Commissioner of Police (DCP) Headquarters on November 23 to apprise it whether any instruction has been sent to all police officers with regard to registration of FIRs in such cases.

It issued the notice while awarding a woman and her two daughters with 10 years rigorous imprisonment for driving her daughter-in-law to commit suicide on December six, 2005 within 10 months of her marriage.

"There seems to be inaction on the part of the state government in framing appropriate rules for purposes of sections 174/ 176 (police to inquire and report on suicide etc and inquiry by magistrate into cause of death respectively)of the CrPC," the court said.

During the trial in the case, the court noted that there was a substantial delay in registration of the FIR in the matter despite information sent to Prasad Nagar police station by Kamla Devi, mother of victim Chanda Kumar, following her suicide. The police, instead, waited for an instruction of the SDM to register the case. The SHO concerned sat over the order of the SDM stating that there was no specific direction to register the FIR even though the nature of offence was cognizable.

The court noted that the SDM, on his part, also did not issue proper instruction to the police under the procedure.

"The manner in which the SDM conducted his proceedings in this case has left much to be desired. His lack of training, instruction and preparedness to discharge responsibilities of this nature has come out vividly in the course of this trial.

"The evidence has also shown that the SDM never cared to even prepare any final report of the inquest. These aspects need to be taken up further with the concerned quarters in the executive branch of the government," the court said.

In its judgement, the court imposed a fine of Rs 10,000 each on victim's mother-in-law Premawati and his sisters-in-law Deepa Bala and Lalita after holding them guilty of abetment of suicide and cruelty.

http://www.hindustantimes.com/Court-to-NCT-govt-Frame-rules-to-deal-with-dowry-deaths/Article1-626796.aspx

Delhi courts - Woman files Domestic violence case against daughter-in-law

72-yr-old says daughter-in-law frequently beat her up, turned her out of her home; bahu says opposite is true

A 72-Year-old woman has filed a case against her daughter-in-law under the Domestic Violence Act.
Complainant Kanta Sudhakar Sharma claimed her daughter-in-law Ruby had beaten her up frequently and extorted money from her on several occasions.

Counter-allegation
Ruby had another story to tell, saying it was she who was the aggrieved party.
"My husband Ajay is living with another woman and is hand-in-glove with his mother. Both have plotted to force me to leave home," said Ruby. "For this man I left my family and changed my religion. But when they asked for dowry and harassed me, I did not bow to their demands. Now that he has found someone else, he and his mother are trying every trick to force me to vacate my flat."

Kanta refuted the allegations. She said she had filed a police complaint at the Hinjewadi police station in October 2009, but found the police took no action.

She then filed a case under the Domestic Violence Act 2005, under Sections 18, 19 and 23, seeking restoration of her legal right to live in the property which she jointly owns with her son.
"Ruby mortgaged my flat for Rs 10 lakh without consulting me. My son left home after he was subjected to continuous torture by my daughter-in-law," said Kanta. "He has sent her a notice for restitution of conjugal rights in May this year. Even after I was driven out of my home, my daughter-in-law continued to demand money to pay the electricity bill."

Kanta has also sought police protection and Rs 5,000 monthly maintenance from her son and daughter-in-law.

Legal position
Her lawyer, Advocate Dinkar Bhavsar said his client would continue to fight for justice.
"We filed a case on August 2 this year. My client has filed a case against her daughter-in-law and son after she was shown the door. We are talking about a complainant who is 72, is a blood pressure patient and has been frequently beaten up," said Bhavsar. "The respondent even took objection, saying that the respondent in a domestic violence case can not be a woman, but according to the law the respondent can be any person related to the husband. In this case the respondents are the son and his wife." Ruby said it was difficult for her to go through the tormenting situation.

"Whatever she says is a lie. I got married to Ajay in 2005, changed my religion and became Hindu for them," said Ruby. "Ajay is living with the other woman and whatever my mother-in-law is doing is just to vacate the flat. Ajay even stooped to the level of calling me just to force me to listen to him making love to the other

http://www.mid-day.com/news/2010/nov/121110-daughter-in-law-harrasment-domestic-voilence-Pune.htm

Court acquits man charged with setting his wife on fire

Court acquits man charged with setting his wife on fire

A Delhi court on Monday acquitted a man and his two family members of the charge of burning to death his wife in 2005 stating that the victim had said that she suffered injuries in an accidental fire. "The prosecution seeks to condemn its own witness (the victim) when it argues that the deceased

could not be said to be in a fit condition to record her statement before the SDM concerned," additional sessions judge JR Aryan said.

The court absolved Mahender Singh, husband of victim Lata, his brother Narender and their mother Nirmala Devi of the charge of dowry death and subjecting the woman to cruelty.

It lent credence to the dying declaration of the victim in which she, before succumbing to her injuries, had told the SDM that the fire was accidental and she was not burnt by either by her husband or by the in-laws.

http://www.hindustantimes.com/Court-acquits-man-charged-with-setting-his-wife-on-fire/Article1-620912.aspx

Son of district judge held in dowry harassment

Son of district judge held in dowry harassment

12 oct 2010

HYDERABAD: A software engineer from the city, who was employed in the US, was arrested from the Delhi international airport in a dowry harassment case. The techie was returning to the US when immigration authorities caught him and handed him over to the city police.

The software engineer is the son of Asifabad additional district judge Sambasiva Rao.

Police said  K Ramakrishna was married to Anupama, a resident of Yousufugda in 2006. Anupama’s parents reportedly gave Rs 1.80 lakh cash, gold ornaments and other household articles as dowry during the marriage.

An year after the marriage, Ramakrishna and Anupama left to the US.  Ramakrishna started harassing his wife for additional dowry.  When Anupama become pregnant, Ramakrishna sent her to Hyderabad.  She told her parents about the harassment.

Anupama’s family members met Ramakrishna’s parents, Sambasiva Rao and Saraswati, several times to sort out the matter but their efforts went in vain.

In May this year, Anupama lodged a complaint against her husband and in-laws with the police.

The City police alerted all international police stations about the case and issued a look out circular against him. Recently, Ramakrishna came to Delhi on an official   work and was on his way back to the US from the Delhi airport when immigration officials caught him.

“Ramakrishna was arrested from the Delhi airport and he was sent to judicial remand,’’ CCS women police station inspector S jyothi Lakshmi said.

Meanwhile, the police sought the permission of the High Court to take action against Sambasiva Rao and are awaiting  court’s nod.

 

http://expressbuzz.com/cities/hyderabad/son-of-district-judge-held-in-dowry-harassment/214587.html

‘Husband bound to provide maintenance regardless of income’

‘Husband bound to provide maintenance regardless of income’

A husband has moral and legal duty to provide a decent maintenance amount to his estranged wife in consonance with her living standards irrespective of his income, a Delhi court has said.

“A married man is under a legal and moral obligation to maintain his estranged wife whether he possesses any property or not or whether or not he has any income. The obligation to maintain her is personal in character and arises from the very existence of the relationship between the parties,” Additional Sessions Judge Nivedita Anil Sharma said.

The court passed the order while declining the plea of a husband, Shalabh Srivastava, seeking alteration in the interim-maintenance amount fixed by a lower court on the ground that his income had substantially went down after he joined a new job.

It declined the husband’s plea saying that he had an earning potential of Rs 35,500 per month and if he has preferred to minimise his income and work at a lesser salary, then he cannot be allowed to take advantage of his own conduct.

“The fact of taking up a job at a lesser salary clearly indicates that the revisionist (husband) is deliberately making a conscious effort to reduce and minimise his income. It is also not believable that any man would work at a lesser income than what he is getting already.”

“The averments of the appellant clearly show that a deliberate attempt has been made by him to lessen his income and he cannot be permitted to take advantage of this fact,” the court observed.

The court rejected the contention of husband that the earning potential of his estranged wife was far more than the amount she was getting as maintenance.

“There is nothing brought on the record prima facie by the husband to show that the earning potential of the respondent (wife) is more than Rs. 7,000 as observed by the trial court,” the court said.

It also turned down the plea that the wife was living separately due to her own conduct, saying that the fact was immaterial for the purpose of award of interim-maintenance.

“The dispute regarding conduct of the parties are immaterial... only the earnings, properties, assets as well as the earning potential of both the sides is to be taken into consideration,” it said.

Mr. Shalabh had appealed against the order of a trial court fixing Rs. 7,000 per month as the maintenance for his estranged wife Ritu.

While awarding the maintenance, the trial court had concluded that Mr. Shalabh’s income was around Rs. 35,500.

http://www.thehindu.com/news/national/article387572.ece

Court asks police to lodge FIR against bride for giving dowry

Court asks police to lodge FIR against bride for giving dowry

Friday, March 19, 2010

New Delhi: A Delhi court has directed the police to register an FIR against a woman and her family members, who alleged dowry harassment by her husband and in-laws, for meeting their demands during the marriage.

Additional Chief Metropolitan Magistrate Sanjay Bansal directed the police to proceed against the woman and her parents under the provisions of the Dowry Prohibition Act.

"In my considered view at this stage, it appears that the accused persons (woman and her parents) are accomplice and the present complaint discloses the offence under Section 3 of the Dowry Prohibition Act 1961. Thus, the SHO concerned is directed to register the FIR and conduct investigation as per law," ACMM Bansal said.

Sameer Saxena and his family members were accused of committing cruelty with his wife by harassing her for dowry.
The wife, in an FIR with Roop Nagar police station, claimed her family members had given huge dowry to Saxena at the time of their marriage.

Saxena's counsel Ganganpreet Singh and Karanbir Singh submitted that in the FIR the woman had herself admitted giving huge dowry, which was an offence under the statute.

They filed an application in the court seeking registration of the FIR against the woman and her family members.
The counsel also referred to a Delhi High Court judgement support their contention, besides a circular issued by the Commissioner of Police, which stated that a woman can be prosecuted if she allegedly gave dowry.
PTI

http://www.zeenews.com/news612668.html

One adverse entry in service record & you’re gone, Supreme Court tells judges

One adverse entry in service record & you’re gone, Supreme Court tells judges

Wednesday, Sep 15, 2010, 3:03 IST
By Rakesh Bhatnagar | Place: New Delhi | Agency: DNA

Subordinate court judges, beware! The Supreme Court (SC) has held that even a single adverse entry, howsoever old, in the service records of such judges casting doubts on their “integrity” can lead to serious consequences, including forced retirement.

SC, which is engaged in strengthening infrastructure in subordinate courts where at least 2.5 crore cases are pending for years, wants matters relating to judicial officers examined differently than any other “wing of society”, such as government servants.

“He [the judge] is serving the state in a different capacity,” the court said while upholding a Jharkhand high court (HC) full bench order awarding compulsory retirement to temporary additional district judge Pyare Mohan Lal.

Lal joined Bihar Civil Service in 1982 as a munsif (judicial magistrate) and was confirmed in 1987. In March 2001, the Patna high court issued a notification promoting him to the post of subordinate judge.

The same year Bihar was bifurcated and Lal was sent to Jharkhand. After serving as a sub-judge in Ranchi, he was again promoted, along with other judicial officers, as a temporary additional district judge in the city’s fast-track court.

On May 12, 2003, however, the Jharkhand HC passed an administrative order recommending compulsory retirement of six judicial officers, including Lal, in “public interest”.

The court had examined Lal’s service record and found that he was an average officer who needed massive improvement. His reputation was not good, either.

In fact, the inspecting judge of HC submitted an adverse report about him, saying Lal’s knowledge was average and he needed “extensive study”. The judge said his disposal of cases was not “up to the mark” and there were “some whispers [about his reputation]”.

Lal moved HC, but to no avail. He later filed a petition before SC alleging “non application of mind” by HC and termed its order “mala fide”.

Rejecting his pleas, a bench of justices JM Panchal, Deepak Verma and BS Chauhan held that since Lal’s retirement had been upheld by a full bench of HC, “there is hardly any chance to make allegations of non-application of mind”.

Referring to Lal’s service record, the bench said it’s evident that he “remained an average officer throughout his career” and could “never improve”. His performance had been poor and there were entries that his “integrity/reputation was not good”, it said.

http://www.dnaindia.com/india/report_one-adverse-entry-in-service-record-and-you-re-gone-supreme-court-tells-judges_1438109

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

Court Concerned Over Growing Misuse of SC/ST Act

Court Concerned Over Growing Misuse of SC/ST Act

New Delhi | Apr 02, 2010

A Delhi court has expressed concern over rising incidents of misuse of the SC/ST (Prevention of Atrocities) Act "to settle personal scores".
The court's observations came while discharging nine members of a family, including five women, from charges under the Act for allegedly using abusive words against their tenants who belonged to the Scheduled Caste category.
"Unfortunately, one comes across growing instances of cases where the provisions of this Act have not so much been invoked for the betterment of those to whom it seeks to protect, than by those who want to settle personal scores by giving to an otherwise ordinary dispute, the colour of an alleged atrocity under the Act," Additional Sessions Judge Kamini Lau said.
The court observed that the provisions of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989, meant to protect the lot of the exploited sections, should not be allowed to be misused.
"Law cannot be the absolute property of a few and this court can only hope and appeal that the provisions of this Special Legislation are not abused by a few so as to ensure that its benefit is able to actually reach the exploited sections," ASJ Lau said.
"This court also will not be a privy to any exploitative situation of misuse and abuse of this Act whose abuse has otherwise raised serious concerns all over the country," it said.
Recently, the Uttar Pradesh government has been compelled to take up the issue in the state assembly for relaxing the stringent provisions of SC/ST Act to check its abuse without compromising with the security of the marginalised sections of the society, it pointed out.
In this case, the court noted that complainant, Kanaklata, 30, a Master of Philosophy from Delhi University, had changed her statement before the police on May 4, 2008 and invoked the provisions of the SC/ST Act against the family members of her landlord after talking to her lawyer.
"I find that the present case is a glaring example of abuse of a Special Legislation with stringent provisions which has been enacted to ameliorate the lot of the hitherto, under-privileged, deprived and marginalised section of the society," ASJ Lau said.
The court said that complainant Kanaklata had spared none as she had in her improved version of the complaint, roped in the entire family of Om Prakash Grover, a senior citizen, including all women members.
She did not stop at this and further implicated the brother of the landlord Ved Prakash, his wife and his daughter -in-law who are not even residing in the same house and are resident of another property at Mukherjee Nagar here, it added.

http://news.outlookindia.com/item.aspx?678490

'Pregnant woman can't be forced to appear in court'

'Pregnant woman can't be forced to appear in court'

NEW DELHI: A woman who is at an advanced stage of pregnancy cannot be forced to appear in a court, a Delhi court has said.
It came to the help of an expectant mother against whom a non-bailable warrant was issued by a lower court for not appearing in a dowry harassment case.

Additional Sessions Judge R K Gauba expressed the court's displeasure over the lower court judge not exempting the six-month pregnant woman from personally appearing in criminal proceedings.

 
The court also took exception to the lower court putting a condition as -- either accept the charge or appear before it -- on the lawyer representing the woman seeking exemption from appearance.

"The law does not permit the court to put conditions of the kind indicated in the order. The requirement of the law for appearance of the accused is subject to just exceptions which include physical impossibility," ASJ Gauba said.

"This requirement (of appearance) cannot be used to arm-twist the accused or her counsel to accept the charge. I find the language used to be rather loose," the court said.

Granting relief to 25-year-old Meenakshi, who is facing charges in a dowry case, the ASJ set aside the lower court's order and exempted her from personal appearance in the case.

During the proceedings in the lower court, the woman sought its permission for non-appearance as she was at the advanced stage of pregnancy.

But the lower court issued non-bailable warrant against her. She filed a revision petition before the sessions court challenging the order to issue NBW against her.

"If it was confirmed by proper documents in support, as has been done through the documents in the revision petition indicating the petitioner to be under ante-natal care since January 13 this year, the exemption deserved to be granted," the court said.

 http://timesofindia.indiatimes.com/india/Pregnant-woman-cant-be-forced-to-appear-in-court/articleshow/6539499.cms#ixzz0zJPZFyVQ

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

Criminal case against woman for giving dowry

A woman, who complained of being tortured by her in-laws despite giving a hefty dowry, found herself in trouble as a Delhi court has ordered filing of a criminal case against her and her family for giving dowry. Additional chief metropolitan magistrate Lokesh Kumar Sharma directed SHO Shahdara to register the FIR on a complaint filed in the court by a harried husband.
    In the complaint filed through counsel Gagan Preet Singh and Karan Vir Singh, the man referred to the allegations made by his wife before the Crime Against Women (CAW) Cell of Delhi Police that huge dowry was paid in her marriage. PTI

http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=CAP/2010/08/31&PageLabel=6&EntityId=Ar00607&ViewMode=HTML&GZ=T

Delhi Court expresses concern over misuse of Domestic Violence Act

Delhi Court expresses concern over misuse of Domestic Violence Act

New Delhi, Aug 29 (PTI) A Delhi court has expressed its concern over the misuse of the Domestic Violence Act to settle civil dispute between sparring couples with the use of women as "pawn" by the male relatives.

"The misuse and abuse of the Protection of Women from Domestic Violence Act, 2005 is a matter of serious concern for the courts which are required to be careful and ensure that a woman petitioner is not made a puppet or pawn in the hands of her male relatives so as to manipulate the Act and use it for ulterior motives," Additional Sessions Judge Kamini Lau said.
The court said the purpose of passing the welfare law was to protect the family value system and not to create a civil right.
"The provisions of special legislation in favour of women cannot be abused as the short cut for establishing a civil rights where none exists," the court said.

"The intent of the Act is to protect the value system and institution of family and save it from destruction. This being so, the provisions of the Act have to be so interpreted to ensure that the existing family system is preserved," it said.
The court made the observation while dismissing an appeal of a woman who challenged an order rejecting her plea to be given a wholesome right to reside in a shanty also being occupied by her brother-in-law and sister-in-law.

"It is evident that the attempt of the appellant (woman) is to ensure the division of the property and create her independent right in the same under the garb of the present petition," the court said.

It also noted that the woman as well as her husband have "collusively" filed the petition by "camouflaging a dispute" and have sought the invocation of the Protection of Women from the Domestic Violence Act, 2005, with the sole object of seeking the removal of her brother-in-law and sister-in-law from the property in question.

"This court cannot be a party to any such attempt of the parties to abuse the special legislation enacted to grant immediate relief to women who are victims of Domestic Violence. The right of one woman (the appellant) cannot be implemented by infringing upon a similar right of another woman i.e. sister-in-law/jethani in the same property," ASJ Lau said.

http://www.dnaindia.com/india/report_delhi-court-expresses-concern-over-misuse-of-domestic-violence-act_1430257

http://www.asianage.com/delhi/need-check-misuse-dv-act-says-court-359

Domestic Violence Act: Court pulls up woman

 

A Delhi court has slammed a woman petitioner for misusing of the Protection of Women from Domestic Violence Act 2005.

Noting that Sunita Devi connived with her husband to file the petition against her in-laws, Additional Sessions Judge Kamini Lau said: “The intent of the Act is to protect the value system and institution of family. The misuse and abuse of the Act is a matter of serious concern for courts who must ensure that a woman petitioner is not made a puppet in the hands of her male relatives so as to manipulate the Act and use it for ulterior motives.”

The court was hearing the appeal of Sunita, who had appealed against the March order of a Metropolitan Magistrate, dismissing her petition under the Act.

The appellant said that her brother-in-law and sister-in-law requested shelter at her Delhi house in July 2008. Since then they abused her verbally and physically and with the brother-in-law even tried to kill her under the influence of alcohol, she claimed.

Alleging that they also looted Rs 7,700 from her, Sunita requested the court for grant of maintenance, compensation and also to pass protection orders under the Act.

The brother-in-law pleaded that it was his property and he had allowed Sunita and her husband to live there, but the papers of his ownership had been lost.

The court noted that none of the parties have papers to establish their ownership over the property constructed by DDA, and the home in which Sunita was living with her husband was separate from the one that her in-laws were residing in.

The domestic incident report also revealed that when Sunita came to live in the house, her husband and in-laws were already residing there.

The court said, “The attempt of the appellant is to ensure division of property and create her right under the garb of the petition. It is clear that she and her husband have collusively filed the petition by camouflaging a dispute. Such kind of abuse of the special legislation should be checked at the earliest.”

http://www.indianexpress.com/news/domestic-violence-act-court-pulls-up-woman/674243/0