Appeals, Delays and laches

Appeals, Delays and laches



1/ From web sites :
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http://www.helplinelaw.com/docs/appeal/05.shtml

LIMITATION
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The appeal to a High Court from any decree or order has to be filed within 90 days from the date of decree or order, but if a decree or order of any High Court is to be appealed in the same court the period of limitation is 30 days. Equally, the period of limitation for filing appeal to any subordinate court from any order or decree is 30 days.

The period of limitation for seeking review of a Judgement is 30 days and for invoking revisionary jurisdiction of the High Court is 90 days.


1.1./ Maharashtra Rules on "Limitations in the category of the cases pertains to original side jurisdiction"
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http://hcbom.mah.nic.in/limitos11.html

Note : similar rules should be available for TN as well



2/ If you are interested, You may also refer to these case laws on *DELAYS*
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Case FOR condoning DELAYS !!
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P.C.Sethi & Ors. v. Union of India & Ors. ( AIR 1975 SC 2164). In that case it was held that because the Government has held out hopes, therefore, the petition was not liable to be dismissed on the ground of delay.

In the case of K.Thimmappa & Ors. v. Chairman, Central Board of Directors, State Bank of India & Anr.. [(2001) 2 SCC 259], their Lordships held that a petition cannot be rejected solely on the ground of laches if it violates Article 14 of the Constitution and when there is no infraction of Article 14, the question of delay in filing the petition cannot be ignored.

In the case of Hindustan Petroleum Corporation Ltd. & Anr. v. Dolly Das [(1999) 4 SCC 450] it was held that delay itself cannot defeat the claim of the petitioner for relief unless the position of the respondent has been irretrievably altered or he has been put to undue hardship.

In the case of M/s. Dehri Rohtas Light Railway Company Ltd. v. District Board, Bhojpur & Ors. etc. [(1992) 2 SCC 598] their Lordships found that dismissal of the writ petition in limine was not proper.

the words "sufficient cause" under Section 5 of the Limitation Act should receive a liberal construction so as to advance substantial justice vide Shakuntala Devi Jain Vs. Kuntal Kumari [AIR 1969 SC 575] and State of West Bengal Vs. The Administrator, Howrah Municipality [AIR 1972 SC 749].


case AGAINST condoning delays
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State of Orissa v. Lochan Nayak (dead) by LRs. [(2003) 10 SCC 678]. In this case, the question of allotment of land was involved and the Commissioner rejected the allotment made in 1984 against which repondent filed writ petition in the High Court in 1992. The High Court remanded the matter back to the Revenue Officer for consideration of the matter afresh. Meanwhile, the allotment was further cancelled in 1992. This Court held that due to in ordinate delay in filing the writ petition, the High Court ought not to have entertained the writ petition and accordingly, set aside the order of the High Court.



A judgement on a delayed application for set aside
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http://evinayak.rediffiland.com/scripts/xanadu_diary_view.php?postId=1177956094
ot at
http://tinyurl.com/2wvd3r
or at
http://bareact.blogspot.com/2007/04/n-balakrishnan-v-m-krishnamurthy-delay.html
or at


*Hope others can add more*

Regards

N. BALAKRISHNAN. V M. KRISHNAMURTHY- Delay, Laches

From :
http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=13016

PETITIONER: N. BALAKRISHNAN.

Vs.

RESPONDENT: M. KRISHNAMURTHY.

DATE OF JUDGMENT: 03/09/1998

BENCH: S.SAGHIR AHMAD, K.T. THOMAS.,




ACT:



HEADNOTE:



JUDGMENT:

JUDGEMENT

Thomas J.

Leave granted.

Explanation for the apparently inordinate delay in moving an application was accepted by the trial court under Section 5 of the Limitation Act, 1963, but the High Court in revision reversed the finding and consequently dismissed the motion. That order of the High Court has given rise to these appeals.

Facts barely needed for these appeals are the following:

A suit for declaration of title and ancillary reliefs filed by the respondent was decreed ex-parte on 28.10.1991. Appellant, who was defendant in the suit, on coming to know of the decree moved an application to set it aside. But the application was dismissed for default on 17.02.1993. Appellant moved for having that order set aside only on August 19, 1995 for which a delay of 883 days was noted. Appellant also filed another application to condone the delay by offering an explanation which can be summarized thus:

Appellant engaged an advocate (one Sri MS Rajith) for making the motion to set the ex-parte decree aside but the advocate failed to inform him that the application was dismissed for default on 17.2.1993. When he got summons from the execution side on 5.7.1995 hye approached his advocate but he was told that perhaps execution proceedings would have been taken by the decree holder since there was no stay against such execution proceedings. On the advice of the same advocate, he signed some papers including a Vakalatnama for resisting the execution proceedings, besides making a payment of Rupees Two Thousand towards advocate's fees and other incidental expenses. But the fact is that the said advocate did not do anything in the court even thereafter - On 4.8.1995 the execution warrant was issued by the court and he became suspicious of the conduct of his advocate and hence rushed to the court from where he got the disquieting information that his application to set aside the ex-parte decry stood dismissed for default as early as 17.2.1993 and that nothing was done in the court thereafter on his behalf. He also learned that his advocate has left the profession and joined as legal assistant of MS Maxworth Orcheads India Limited. Hence he filed the present application for having the order dated 7.2.1993 set aside. Appellant did not stop with filing the aforesaid application. He also moved the District Consumer Disputes Riderless Forum, Madras North ventilating his grievance and claiming a compensation of rupees on lakh as against his erstwhile advocate. The said forum passed final order directing the said advocate to pay a compensation of Rs. Fifty thousand to the appellant besides a cost of Rs. Five Hundred.


Though, the trial court was pleased to accept the aforesaid explanation and condoned the delay a single Judge of the High Court of Madras who heard the revision, expressed the view that the delay of 883 days in filing the application has not been properly explained. Hence the revision was allowed and trial court order was set aside.

An application for review was made, but that was dismissed.

Hence these appeals.

The reasoning of the learned single Judge of the High Court for reaching the above conclusion is that the affidavit filed by the appellant was silent as to why he did not meet his advocate for such a long period. According to the learned single Judge:

"If the appellant was careful enough to verify about the stage of the proceedings at any point of time and had he been misled by the counsel then oily it could have been said that due to the conduct of the counsel the party should not be penalised."

Learned single judge then observed that when the party is in utter negligence, he cannot be permitted to blame the counsel. Learned single judge has further remarked that:

"A perusal of the affidavit does not reveal any diligence on the part of the respondent in the conduct of the proceedings. When already the suit has been decreed ex-parte, the respondent ought to have been more careful and diligent in prosecuting the matter further. the conduct of the respondent clearly reveals that at any point of time, he has not relished his responsibility as a litigant."

Appellant's conduct does not on the whole warrant to castigate him as an irresponsible litigant. What he did in defending the suit was not very much far from what a litigant would broadly do. Of course, it may be said that he should have been more vigilant by visiting his advocate at short intervals to check up the progress of the litigation. But during these days when everybody is fully occupied with his own avocation of life an omission to adopt such extra vigilance need not be used as a ground to depict him as a litigant not aware of his responsibilities, and to visit him with drastic consequences.

It is axiomatic that condonation of delay is a matter of discretion of the court Section 5 of the Limitation Act does not say that such discretion can be exercised only if the delay is within a certain limit. Length of delay is no matter, acceptability of the explanation is the only criterion. Sometimes delay of the shortest range may be uncondonable due to want of acceptable explanation whereas in certain other cases delay of very long range can be condoned as the explanation thereof is satisfactory. Once the court accepts the explanation as sufficient it is the result of positive exercise of discretion and normally the superior court should not disturb such finding, much less in reversional jurisdiction, unless the exercise of discretion was on whole untenable grounds or arbitrary or perverse. But it is a different matter when the first cut refuses to condone the dela. In such cases, the superior cut would be free to consider the cause shown for the delay afresh and it is open to such superior court to come to its own finding even untrammeled by the conclusion of the lower court.

The reason for such a different stance is thus: The primary function of a court is to adjudicate the dispute between the parties and to advance substantial justice. Time limit fixed for approaching the court in different situations in not because on the expiry of such time a bad cause would transform into a good cause.

Rule of limitation are not meant to destroy the right of parties. They are meant to see that parties do not resort to dilatory tactics, but seek their remedy promptly. the object of providing a legal remedy is to repair the damage caused by reason of legal injury. Law of limitation fixes a life-span for such legal remedy for the redress of the legal injury so suffered. Time is precious and the wasted time would never revisit. During efflux of time newer causes would sprout up necessitating newer persons to seek legal remedy by approaching the courts. So a life span must be fixed for each remedy. Unending period for launching the remedy may lead to unending uncertainty and consequential anarchy. Law of limitation is thus founded on public policy. It is enshrined in the maxim Interest reipublicae up sit finis litium (it is for the general welfare that a period be putt to litigation). Rules of limitation are not meant to destroy the right of the parties. They are meant to see that parties do not resort to dilatory tactics but seek their remedy promptly. The idea is that every legal remedy must be kept alive for a legislatively fixed period of time.

A court knows that refusal to condone delay would result foreclosing a suitor from putting forth his cause. There is no presumption that delay in approaching the court is always deliberate. This Court has held that the words "sufficient cause" under Section 5 of the Limitation Act should receive a liberal construction so as to advance substantial justice vide Shakuntala Devi Jain Vs. Kuntal Kumari [AIR 1969 SC 575] and State of West Bengal Vs. The Administrator, Howrah Municipality [AIR 1972 SC 749]. It must be remembered that in every case of delay there can be some lapse on the part of the litigant concerned. That alone is not enough to turn down his plea and to shut the door against him. If the explanation does not smack of mala fides or it is not put forth as part of a dilatory strategy the court must show utmost consideration to the suitor. But when there is reasonable ground to think that the delay was occasioned by the party deliberately to gain time then the court should lean against acceptance of the explanation. While condoning delay the Could should not forget the opposite party altogether. It must be borne in mind that he is a looser and he too would have incurred quiet a large litigation expenses. It would be a salutary guideline that when courts condone the delay due to laches on the part of the applicant the court shall compensate the opposite party for his loss.

In this case explanation for the delay set up by the appellant was found satisfactory to the trial court in the exercise of its discretion and the High Court went wrong in upsetting the finding, more so when the High Court was exercising reversional jurisdiction. Nonetheless, the respondent must be compensated particularly because the appellant has secured a sum of Rs. Fifty thousand from the delinquent advocate through the Consumer Disputes Riderless Forum. We, therefore, allow these appeals and set aside the impugned order by restoring the order passed by the trial court but on a condition that appellant shall pay a sum of Rupee Ten thousand to the respondent (or deposit it in this court within one month from this date.

The appeals are disposed of accordingly.

Is sex between minors OK?

Chetan Chauhan
First Published: 02:46 IST(27/4/2007)
Last Updated: 03:38 IST(27/4/2007)

The government is considering the possibility of exempting consensual sex between minors from the purview of criminal offences.

This has been prompted by a government study which found that a number of those below 18 years experiment with sex or engage in sexual activity with people in the same age group.

The Offences Against Child Bill drafted by the Women and Child Development (WCD) Ministry enumerates sex with a child — defined as anyone below the age of 18 — as a criminal offence. The report, `Study on Child Abuse in India', says sex or sexual acts between young children may not always amount to abuse.

The study says sexual abuse is highest among children in the age group of 15-18. Up to 38.5 per cent children said friends or classmates had fondled them or touched their body parts while 24 per cent said the same had been done to them by relatives.

"Many children were also of the opinion that they may not have been in an abusive situation, giving credence (to the assumption) that it may have been consensual sexual activity," the report says.

An official told HT that the WCD Ministry wanted to revisit the bill in the light of the study's findings.

Abuse or not

•A study says sex or sexual acts between `young children' may not always be abuse

•An official says a minor cannot be prosecuted if there is neither a victim nor a perpetrator

•Experts say it will be difficult to distinguish between abuse and consensual act. A minor could abuse a younger child in the name of exploring sexuality


http://www.hindustantimes.com/storypage/storypage.aspx?id=766cda08-c392-4544-8955-e75ee3fa9977&&Headline=Is+sex+between+minors+OK%3f

State incensitive to the plight of prisoners

State NOT providing remissions EVEN AFTER prisoners have suffered 14 years in prison. Thousands of such prisoners languishing in prisons across the country


State officials make appearance in apex court
Apr 24, 2007 - 8:26:03 PM

By IANS, [RxPG] New Delhi, April 24 - Home secretaries of 12 states were present in person in the Supreme Court Tuesday after they failed to comply with an earlier notice for filing their replies with regard to the life convicts languishing in jails in their respective states.

The officials appeared before a bench of Justice H.K. Sema and Justice V.S. Sirpurkar, hearing a public interest litigation - filed by advocate M.K. Balakrishnan alleging that thousands of life convicts were languishing in jails across the country because the state governments did not exercise their power to grant remission to those lifers.

The 12 states are: Andhra Pradesh, Karnataka, Goa, Madhya Pradesh, Haryana, Punjab, Meghalaya, Nagaland, Rajasthan, Tripura, Uttarakand and Jammu and Kashmir.

The bench took on record the affidavits filed by the home secretaries and dispensed with their personal appearance for future hearing. It also adjourned the proceedings by four weeks.

In January, the court took to task the states for not filing their response to the notice issued in 2004. Since even after a second chance affidavits were not filed the home secretaries were asked to be present in the court Tuesday.

The petitioner alleged that the state governments were insensitive to the plight of thousands of prisoners who had completed 14 years in jail after the award of life sentence to them and had unblemished record in the prison.

He said the state governments concerned had the power to grant remission of the sentence but for reasons not known, they were not exercising the same.

http://www.rxpgnews.com/india/State-officials-make-appearance-in-apex-court_25166.shtml

Woman told to pay Rs 5 lakh to in-laws in false dowry case

Woman told to pay Rs 5 lakh to in-laws
Nishikant Dwivedi
Tribune News Service

Yamunanagar, April 25

In a significant judgment, a local court has imposed a fine of Rs 5 lakh on a woman, who had made a frivolous complaint against her in-laws for dowry.

The Judicial Magistrate said many instances had come to light where the complainants were not bonafide and had been filed with an oblique motive. The magistrate termed the case as a classic example for such an instance.

Kanwalpreet Kaur of Model Town here had filed a complaint against brothers-in-law Davinder Pal Singh, Amarjeet Singh, Satwinder Singh and Gurbinder Singh, mother-in-law Gurbachan Kaur, sisters-in-law Balwinder Kaur and Jaswinder Kaur and niece Ritu under Sections 498-A in 1997.

The court had quashed the names of Balwinder, Jaswinder and Ritu from the case in 2002.

Kanwalpreet was married to Navjeet Singh in 1992. In her complaint, she had alleged that her in-laws were harassing her for more dowry. She had claimed that her brothers had given Rs 1.5 lakh to her in-laws in three installments. She had further alleged that she was thrown out of the house.

In the order it had been said the remaining five accused were made to suffer on account of baseless and malicious allegation.

To prevent such abuse of beneficial provision of Section 498-A of the IPC by women in future, the magistrate dismissed the complaint and acquitted the accused of the charges.

The court directed Kanwalpreet to pay Rs 1 lakh to each of the five persons.

http://www.tribuneindia.com/2007/20070426/haryana.htm#5

What would have happened if the Son was not there ? ...

Elementary my dear reader : The Husband and his relatives would have been thrown into a Jail for NO fault of his

Telegraph India
Husband escapes murder slur - Twelve-year-old boy bails out father
VISHVENDU JAIPURIAR

Hazaribagh, April 23: The 24-hour high drama over the dead body of a married woman petered out today in an anti-climax when the deceased’s mother arrived from Kanpur and withdrew charges that her daughter was killed by her son-in-law.

The body of Sunita Bansal, who had allegedly committed suicide, lay in the crematorium for over 24 hours after her relatives called up the police, here, suspecting foul play.

The police consequently ordered Abhay Bansal not to cremate the dead body and wait for the arrival of his in-laws.

In cases involving women burning to death, husbands have often been arrested on suspicion, even sent to jail before being acquitted after long-drawn trials in court.

In this case, the husband owes his freedom to his 12-year-old son, who stood by his father from the beginning and told police that it was his mother who was at fault.

Bansal, a trader, and his twelve-year-old son, Rajat, stood guard over the decaying body till

Bansal’s in-laws arrived here today and satisfied themselves about his innocence.

While they spoke to the neighbours as well as Bansal, what tilted the scale was the testimony of the 12-year-old boy.

Rajat had all along maintained that his mother had committed suicide by setting herself on fire. She had a mercurial temper and often quarrelled with his father , threatening to commit suicide and implicate him in her suicide note, he had claimed yesterday.

Today he repeated the claim before his maternal grandmother and apparently succeeded in convincing her that his father was innocent.

The relatives of the deceased then relented and allowed the body to be cremated and gave the go-ahead to the father-son duo for completing her last rites.

Recalling the evening of April 21, the 12-year-old boy declared that his father had rushed up after spotting smoke emanating from their rented flat.

But by then his mother had suffered severe burn injuries.

She was immediately taken to the sadar hospital, from where she was referred to Ranchi.

But she died on the way.

Mother of the deceased acknowledged that Sunita was impulsive and ill-tempered and she declared that she no longer had any complaint against her son-in-law.

Police officials said their investigation too confirmed that it was a case of suicide.

“But we shall wait for the post-mortem report before closing the case,” they added.


http://www.telegraphindia.com/1070424/asp/jamshedpur/story_7687560.asp

Times Of India =>

Indian Grooms wanted as life partners by western girls

It's not only spirituality, yoga, holistic healing or tourism which draws foreigners to India; an increasing number of them are now coming here in search of love and life partners. Interestingly, this is a stark reminder of a trend prevalent 150 years ago when British girls were sent to India to get suitably hitched.

Sincerity, honesty and family values are the guiding principles of the present lot when they come looking for their partners. And most admire the joint family culture, which ironically, is being discarded by Indians. These foreigners are willing to compromise for love and stability in life. Material comforts mean little to them.

Caroline Thomas could barely conceal her excitement on seeing red vermillion smeared on some women?s forehead at Delhi?s Dilli Haat. Dressed in light blue salwar kameez, kolhapuri chappals and sporting a pony tail, Caroline was aware of the significance of the vermillion. "I believe only married women wear this along with a round sticker (she meant the bindi) on their forehead," she says. Caroline had certainly done her homework. Her love for India and its people (read men) was quite clear. "I think I will settle down here as Indian men are very honest, sincere and caring."

One who had travelled extensively to Rajasthan, Mumbai and now Delhi, Caroline also expressed fancying the silver toe-ring (worn by married women mostly in northern India) and ?the black bead chain? as she says for the traditional mangalsutra.

Caroline is one of the many foreigners who can be seen just about anywhere in the country ? at airports, local markets, eating joints and historical monuments ? trying hard to be more Indian than their desi counterparts. But for the colour of their hair (in some instances), skin and a bottle of mineral water in hand, these foreigners could easily pass of as Indians.

Michelle from Ohio, USA, can?t stop raving about Indian men and their sensibilities. She is particularly fond of the dark-skinned, serious-looking types. "They seem to appear brutally sincere, which is so appealing," says this intern with a media organisation. Michelle has a close group of seven-eight friends (both Indian and American) and is on the threshold of a possible relationship with one of them, who happens to be an Indian. "I can?t name him as his family might have issues regarding us, but we really love each other and I?m keeping my
fingers crossed."

New Zealander Nicole was not aware that her trip to India would end up with her finding a life partner. She first came to Mumbai in February 2005 after a long backpacking trip and immediately fell in love. "I knew instantly that I?d be committing permanently to India," says Nicole, who spared no time in getting hitched to Ramesh ? two weeks to be precise. After a one-year courtship, they married in February 2006. "I fell in love with my husband-to-be on our first meeting. After initial hesitation both of us decided to go for it," says 26-year-old Nicole, now married to Ramesh Krishnamurthy 33, from Mumbai.

?Outrageously shocking? is how Nicole describes her moving-in with Ramesh before getting married. Neither of their family knew about it. Nicole and Ramesh were introduced in January 2005 through a mutual friend. Nicole found Ramesh handsome, articulate, intelligent and successful. "He?s the kind of guy that every one loves. He?s won over my entire family, to the point that they look forward to seeing him more than me when we go home for holidays."

Nicole found immediate support from her parents in New Zealand. The fact that her elder sister was married to a Hindu helped. Luckily, she got along with her mother-in-law whom she calls Amma. The only problem they face is the language. "My mom-in-law speaks fluent Tulu (Ramesh is from Mangalore) and Hindi but she?s not so fluent in English. And I?m not fluent in Hindi, but we get by as we both realise it will be a slow process."

Even the food has not been a problem for her. Nicole loves her mom-in-law?s cooking who regularly dishes out delectable Mangalorean fish curries, fish fry, crab curry, idli, coconut chutney and chicken curries. "We live with Amma who is a star at home. She is an amazing cook and manages the home too. I can eat her food every day of the year without getting homesick. Though, I do admit to sneaking out for a red wine and steak dinner every six weeks or so," she laughs. Nicole is currently bracing herself to take over some of the cooking and household responsibilities as she looks forward to settling down permanently in Mumbai. "We are planning to have kids soon, our own ?Mumbaiikar-kiwi? kids."

While the foreigners flock to India to look for perfect partners and ideal marriages, Indian parents are not too happy. They not only worry about mixed blood, different cultures and grandchildren but also the stability of the relationship. Most view foreign brides as not serious about relationships.
Judie from Malaysia is only too aware of these concerns. She met her Indian husband in 2002. They got married two years later despite pressure from the husband?s family. Now, Judie is putting in extra effort to make her marriage successful as she wants stability.

Michelle is similarly anguished about her future, but is hanging on for the sake of love. For someone who has been in a live-in relationship earlier in the US, the Indian values of commitment to relationships especially in a marriage, matters a lot. "I know I won?t find a lasting relationship in my country. Indian men are far more committed because their culture demands it. They are also more emotional compared to men in the West."

Meanwhile, 40-year-old Susan Anne Wood from UK has set the trend for all to follow. For her age has been no bar: she married Deepak Takhelmayum, 30, from Manipur in November 2004. She first met Deepak on September 26, 2004 in Punjab where she worked as a personal assistant. After initial phone conversations, cupid struck during one coffee break.

"We had been chatting for a while and soon I knew I wanted to know this guy. He had a nice smile and a very open nature," recalls Susan. Despite the 10-year-age difference between them, both are currently working and happily settled in Gurgaon. What has further helped is the fact that Susan claims to get along well with Deepak?s family. ?I met my mother-in-law twice and we got along very well. She lives in Manipur with Deepak?s older brother who works in an NGO.?

Love, someone wisely said, makes the world go round. And in this case, it brings some of them to India.

http://timesofindia.indiatimes.com/Wanted_Homely_Indian_groom/articleshow/1911566.cms

Looks like it is Chennai's turn now !!

Complaints pour in from men about raw deal at all-women police stations

L. Srikrishna

Petitioners allege harassment, threats if they reject `settlement terms'

CHENNAI : The incidence of high-handed behaviour by officers of all-women police stations appears to be on the rise, if the number of petitions received by the City Police Commissioner's office is any indication.

The complaints range from mistreatment to outright threats of foisting dowry harassment cases if the petitioners failed to accept the `settlement terms' offered by the policewomen.

A young man, accompanied by his parents, recently approached Commissioner Letika Saran complaining that women police personnel were threatening to jail them on charges of dowry harassment.

He alleged that his wife had tortured his parents and demanded that they return everything she had brought into the house during the marriage.

Some 400 petitions are received every year from women by the 35 all-women police stations in the city. The most common complaint is that of torture and harassment by their husbands and in-laws for more dowry. On receipt of such petitions, the investigating officers summon both the parties. The proceedings — which are described as fair and transparent by women and their relatives — are apparently not so for the men who allege being rebuked, abused and threatened.

A senior woman police officer told The Hindu on Tuesday that the investigations were conducted as per the law. Nearly 75 per cent of the cases were amicably settled at the petition stage itself, she added. The official said legal remedy was resorted to only if counselling by experts and their efforts to achieve a consensus between the two sides failed.

Joint Commissioner of Police (North) M. Ravi said the `compromise watch' register showed that police handled the complaints effectively, as per the law. In fact, after a case was treated as settled, the investigating officers monitored it closely and ensured there was no repeat of the alleged harassment.

Advocate Abudu Kumar Rajarathinam said family disputes should be sent for mediation before any arrest is made. A qualified social worker or an experienced lawyer has a better chance of getting a mutually agreeable result, as it is a sensitive issue, he said. Matrimonial disputes involve family sentiments, and once a person in the family is arrested, the scope for settlement is totally lost, he pointed out.

Another advocate said that in many cases, policewomen misled the victims to alter the complaint in a manner that forced the men involved to seek anticipatory bail.

http://www.hindu.com/2007/04/04/stories/2007040423520300.htm

Bangalore: Asking Wife to Mend Ways is not Cruelty, Rules High Court

Bangalore Apr 9: There is this general complaint among men that laws tilt towards women. However, here is a judgment that should put a smile on the faces of men. The High Court, in an interesting ruling, has held that ‘reprimanding’ one’s wife to mend her ways would not amount to cruelty or dowry harassment.

The instant case dealt with an appeal by the State government against an order of acquittal. A man from Bangalore was booked under the Dowry Prohibition Act after his wife had committed suicide.

The prosecution contended that the woman was driven to suicide as she was unable to bear the harassment meted out to her with relation to dowry. Following the incident, the police booked the husband under the Dowry Prohibition Act. The defence by the husband was that he had only reprimanded her several times since she needed to mend her ways. Upset by this, the woman committed suicide, he added. He also contended that there was no dowry harassment involved in the case.

Justice K Sreedhar Rao while rejecting the appeal by the State, observed that advising the wife to be "more compatible" with the family and to take an interest in domestic chores cannot be considered an act of cruelty.

"In a social set-up of family, it is necessary that everyone in the family evinces equal amount of interest in the welfare and well-being of family. In this case, the deceased having led a marital life for seven years with two children before committing suicide, itself suggests her careless and unmotherly attitude."

On the charge of dowry, the court observed that when a charge under Section 498-A is levelled, it is mandatory that the prosecution establishes the cruelty was perpetrated on the wife and the same was of such a nature that it had driven the woman to suicide.

http://www.daijiworld.com/news/news_disp.asp?n_id=32215&n_tit=Bangalore%3A++Asking+Wife+to+Mend+Ways+is+not+Cruelty%2C+Rules+High+Court