Every year 1000s of innocent Indian husbands are charged with false DOWRY cases. Their innocent parents, young sisters & mothers are arrested, jailed without warrant. Some have died. Some have committed suicide unable to bear injustice. The law that was made to protect vulnerable women is being misused by unscrupulous women with connivance of others

Saturday, June 28, 2008

Re: Cruelty by Women


http://www.cnn.com/2008/CRIME/06/26/sabhnani.sentence.ap/index.html


On reading this case I have a some questions ...


1. Racism, slavery etc are touchy words in the US, just as Dowry is a touchy thing in India

2. There have been racist crimes and slavery related inhuman treatment in the US of A during the 1800s to early half of 20th century. As a result, the society as a whole is over sentised to these issues and over vigilant.

as a result, are we seeing a misuse here as well ?

2.1. For e.g. where is the reply from the Sabhanis' in this case ?

2.2. Rich Americans were targeted with racist, misadryist  and false rape cases. Now may be the rich Indians are the next target ?? or is this a real mistreatment ?

2.2. What is the proof that the indonesian women were in fact forced to eat pepers ? or forced to take cold showers ?? etc etc ..

2.3. is it just the word of the servant against the word of the master ??



http://www.cnn.com/2008/CRIME/06/26/sabhnani.sentence.ap/index.html




 
regards, vinayak

My post above is Subject to
----------------------------
1. My idea of *self help* which is very essential : http://tinyurl.com/pxcfz
2. Standard disclaimers as in http://tinyurl.com/947u9
3. A short preamble : http://tinyurl.com/hatew

Seek advise : All India contact Nos : http://tinyurl.com/vntjz

All India contact Nos : alternate URL
http://www.blurty.com/users/vinayak/day/2006/12/10


Dowry Law Misuse : http://tinyurl.com/tdkx6 , http://tinyurl.com/v5vp8

Blogs :
More die due to exam failure than due to Dowry !!!
Majority of dowry cases are false: SP
HC cautions against the use of dowry law to settle scores
No maintenance for wife who can't prove cruelty: HC
Unmarried Female on pill, delivers a baby in toilet
Wife supposedly 'dead' in Bihar, man 'sights' her in Noida
Triple Talaq is a Legally valid form of Divorce - Madras HC
A failed marriage is not a crime however...
torture allegations are approx 6 times dowry DEATH FIRs !
Marriage cannot be dissolved at the drop of a hat: HC: Mubai
Husband says she had an affair, wife claims dowry harassment !!
.... and some case laws ...
Ramakrishna v. Priya Ganesan - Custody of Minor child
Irretrievable break down of marriage
vast difference between "could have been", "must have been" and "has been".



I filed 498. My mother called me BRAVE GIRL


Dear Brave Girl

Nice story...though some details are missing

1. didn't you want the pregnancy terminated ??? how could a US doctor abort you without your consent ?

2. What was the amount of the BANK draft your first hubby paid ?

3. Have you found the next plum job ? and...

4. Who is the next baqra (sacrifical lamb ??


regards
Vinayak



>
>
>
>I filed 498. My mother called me BRAVE GIRL
>
>Posted by: "sureshram56"
>sureshram56@yahoo.co.in   sureshram56
>Fri Jun 27, 2008 7:29 pm (PDT)
>
>http://www.sawnet.org/divorce/Thats_me.html
>
>Sawnet - Divorce - Personal Stories
>
>Abortion and Divorce are the two bad words
>and I had to undergo both at the age of 24 I
>was a very simple girl. Born to a service
>class conservative and traditional family,
>in a small and a very beautiful city in
>India, I never had to face much hardship in
>my childhood. I had very loving and caring
>parents who provided me the best education
>possible within their means. Academically
>good, I got my bachelors degree in
>Engineering from a prestigious college in
>India at the age of 21. Got job and I had
>hardly worked for few months, my family
>started to find a boy for me. After a couple
>of interviews in which I rejected some
>candidates and some rejected me, I
>(apparently) found my Mr. Right. He was
>working for an Indian company on H1-B visa
>in U.S.
>
>I got married at the age of 22. The
>marriage ceremony is a complete story in
>itself. Let me not go into all those
>details, since many of you may not even know
>the meaning of dowry. I had a difficult time
>explaining the meaning of dowry to my
>friends in US. My father has worked in govt
>service throughout his life; I have an elder
>brother also. Rs. 10 lakhs were spent on my
>marriage which was a very big sum for my
>family, actually was nothing in eyes of my
>husband and in-laws.
>
>I stayed with my in-laws in India for a
>month and those four weeks were the most
>difficult days of my life. I was reduced to
>a skeleton, working for the entire household
>with no help from my mother-in-law or any
>maidservant. In spite of cooking, cleaning
>and washing for 5 people (my in-laws,
>brother-in-law, my husband and me), my in-
>laws and my husband abused and scolded me
>all day long. Every single penny my father
>would send me was taken away from me. My
>father-in-law stole my purse the very first
>day I entered my matrimonial home. (I will
>prefer to call this act of his stealing
>because he took my purse from my baggage
>when I was not in my room, without telling
>me). He could have at least returned my
>purse after taking the money ;-)) It was a
>very nice pure leather purse, made from
>crocodile skin. Anyways loss of my first
>baby made me forget and may be forgive those
>petty crimes. It was an unplanned pregnancy,
>I conceived few months after marriage while
>my husband and I were struggling with our
>lives and new jobs in US. It was a hard
>decision, I had completed first trimester.
>But my husband made it very simple for me.
>He took an appointment with a doctor and
>there I was on the operation table. I still
>remember that day, that drive to the
>hospital in the big bad city of US, sitting
>beside my husband and tears rolling down my
>cheeks, I was so helpless. But there was
>more to come after that eventful day; little
>did I know what life had in store for me.
>Two days after the abortion, I was thrown
>down the stairs in the middle of night out
>in the streets. And that dark night took 2
>long years to end.
>
>I worked for a while in US, giving my
>husband another chance to think about our
>marriage. I went to my friend's place and my
>husband and my brother-in-law moved to a new
>apt and they took the lease of this apt in
>the name of my brother-in-law, my husband's
>younger brother. I went to their apt to see
>my husband after a year and I was thrown out
>again, my husband called the police and
>filed a case against me. He took order of
>protection from the court to restrain me
>from entering their apt. I refused to
>acknowledge this act of my husband, as I
>made every effort to enrich our relationship
>and I could find no reason why he always
>treated me like an animal.
>
>My father asked me to come back to India.
>He helped me file civil and criminal case
>against my husband and his family. Civil
>case helped me get an ex-parte divorce while
>in the criminal case my husband (by then ex-
>husband) was declared public offender on the
>run since he did not join the investigation
>in spite of receiving the court summons. In
>the meantime, police (women cell) sealed the
>locker in a bank in India, in which all my
>jewellery was kept, the above locker was in
>the name of my mother-in-law and my husband.
>The police put any further transaction in
>the NRI bank account of my husband and the
>house of my in-laws in India on hold.
>
>My in-laws gave me my compensation in the
>form of bank drafts in the high court in
>India and here I am writing this note to all
>those women who struggle with their lives
>all alone, away from their families, in an
>alien land, who become a victim of mental,
>physical and emotional abuse. It was a very
>difficult journey, no parents in India would
>take such a step out of choice. I was lucky
>to have such nice parents, who cared for me
>more than they care about the society. This
>experience gave me a lot of courage, my
>mother call me a 'Brave girl'.
 
regards, vinayak

My post above is Subject to
----------------------------
1. My idea of *self help* which is very essential : http://tinyurl.com/pxcfz
2. Standard disclaimers as in http://tinyurl.com/947u9
3. A short preamble : http://tinyurl.com/hatew

Seek advise : All India contact Nos : http://tinyurl.com/vntjz

All India contact Nos : alternate URL
http://www.blurty.com/users/vinayak/day/2006/12/10


Dowry Law Misuse : http://tinyurl.com/tdkx6 , http://tinyurl.com/v5vp8

Blogs :
More die due to exam failure than due to Dowry !!!
Majority of dowry cases are false: SP
HC cautions against the use of dowry law to settle scores
No maintenance for wife who can't prove cruelty: HC
Unmarried Female on pill, delivers a baby in toilet
Wife supposedly 'dead' in Bihar, man 'sights' her in Noida
Triple Talaq is a Legally valid form of Divorce - Madras HC
A failed marriage is not a crime however...
torture allegations are approx 6 times dowry DEATH FIRs !
Marriage cannot be dissolved at the drop of a hat: HC: Mubai
Husband says she had an affair, wife claims dowry harassment !!
.... and some case laws ...
Ramakrishna v. Priya Ganesan - Custody of Minor child
Irretrievable break down of marriage
vast difference between "could have been", "must have been" and "has been".



Thursday, June 26, 2008

'Pro-women laws being misused'



'Pro-women laws being misused'

26 Jun 2008, 0355 hrs IST, Himanshi Dhawan,TNN


NEW DELHI: Are we being fair on the not -so-fair sex? It would appear not. Laws for protecting women like the anti-dowry legislation and the domestic violence Act were vociferously opposed by men's groups on Wednesday at a consultation initiated by the ministry for women and child development and UNIFEM.

The burden of their argument was that these laws don't follow the fundamental legal premise that a person is innocent until he is proven guilty. "In 30% of the cases that come to us, there is a rift between the woman and her in-laws where the woman forces the man to choose between the two under the threat of slapping Section 498A of the Dowry Prohibition Act on the husband and his family," said Ashish from Save Indian Family (SIF). He added that there should be a deterrent to prevent misuse of the law. Another representative Hemant from SIF said that 1.2 lakh women (women relatives of husbands) were arrested under the anti-dowry Act but the ministry of women and child development minister was not doing anything about it. "Are you a wife development or a woman development minister?" he asked.

Dr Anumapa Singh, who counsels couples, pointed to the anomaly in the domestic violence law in that the aggrieved party could only be a woman while the respondent could only be a male. "We have witnessed violence at home where the perpetrator is a woman. So why does the law hold a man as the accused?" she wanted to know. TOI had reacted to an observation of the Orissa chairperson of the state commission for women on September 19, 2007, when she had said that these laws were being abused. We had felt there should be checks on such abuse and said, "In cases where a complaint is proved false beyond doubt, the accuser must face a jail term." This would act as a deterrent to the abuse of Sec 498A, we felt.

At the meeting on Wednesday, however, the men's group wanted the laws to be scrapped altogether — which is not such a good idea as it is undeniable that many women do get harassed by greedy husbands and in-laws and need legal protection. Sanjay Bhartia of the Gender Human Rights Society said, "We have been opposing the domestic violence Act and have even submitted a memorandum to the Prime Minister last year on the issue," he said. Bhartia added that there was need to review the laws that were radically tilted in favour of women and open to misuse.

Men's organisations invited for the interaction landed up in huge numbers with posters and banners, disrupting the consultation with their sloganeering.

Faced with vehement opposition, WCD minister Renuka Chowdhury admitted that she was open to change the law. "Law-making is a dynamic process. We are ready to change the law but as of now there will be no amendments to it," she said.

Reacting to the constant allegations of misuse, Chowdhury said that there were enough deterrents in the penal code to punish those found guilty of misuse. She, however, did not spell out the deterrents.

Wednesday's protest came at a time when the Delhi police commissioner has issued instructions that only the husband and not the extended family can be arrested in anti-dowry cases. Reacting sharply to this, National Commission for Women chairperson Girija Vyas said, "If the anti-dowry law is taken lightly, women will suffer a huge loss. Only 6% of the cases are false under the Act."

Source URL
http://timesofindia.indiatimes.com/India/Pro-women_laws_being_misused/articleshow/3165918.cms

Equality blow to men’s meet

http://www.telegraphindia.com/1080625/jsp/nation/story_9459169.jsp

|  Wednesday , June 25 , 2008 |

Equality blow to men's meet

OUR SPECIAL CORRESPONDENT

Renuka: Agenda change

New Delhi, June 24: The Centre has changed the agenda of its first-ever meeting with men's groups that are seeking a review of India's allegedly anti-male marital laws.

A day before the event, the women and child development ministry has turned it into a discussion on gender equality, provoking allegations that the exercise is an eyewash.

A Calcutta-based men's group has threatened to boycott the event, organised by the ministry in collaboration with the United Nations Development Fund for Women.

Top ministry officials confirmed the change in agenda. "We do not want to convey the impression that we believe the existing laws are flawed or need changes. That is why we have changed the agenda," an official said.

Minister Renuka Chowdhury had called the meeting after a sustained campaign by men's groups who say the laws against dowry and domestic violence are one-sided and open to misuse. The men also feel the proposed legislation against "sexual harassment at the workplace" is discriminatory.

The new agenda — a copy is available with The Telegraph — does not mention any review of either the dowry law or the domestic violence act.

Instead, it speaks of "the urgent need to broaden interventions to include young boys and men to promote ideas of gender equality and justice".

"The fact that the government has decided not even to discuss reviewing the existing laws is shameful. The entire exercise now appears an eyewash," Vineet Ruia, president of the Calcutta-based Bharat Bachao Sangathan, said.

"The change in agenda has prompted me to reconsider whether we should even participate in the meeting."

Men's groups argue that the Protection of Women Against Domestic Violence Act, and the proposed sexual harassment at the workplace law can be made gender neutral.

Section 498(A) of the IPC, which bars dowry and punishes those guilty, is frequently misused, they say. In its current form, the section makes it mandatory for police to arrest all the accused named by the woman or her family even before starting investigations.


Wednesday, June 25, 2008

As Renuka claims that she fights for women, men explain the torture

As Renuka claims that she fights for women, men explain the torture


http://www.calcuttanews.net/story/375164

As Renuka fights for women, men allege torture

Calcutta News.Net
Wednesday 25th June, 2008 (IANS)

A meeting called Wednesday by Women and Child Minister Development Renuka Chowdhury to discuss the law relating to the harassment of women over dowry turned acrimonious after some 50 men and their families barged into the venue, alleging the law was blind to their torture at the hands of women.

The high drama lasted over one hour at the India Islamic Cultural Centre here, with the minister initially refusing to talk to the men when they barged in. She asked them to withdraw from the small hall packed with women delegates, including experts, psychiatrists and psychologists.

The men trooped out shouting slogans. As they gathered outside the venue, the police were called to maintain order. Chowdhury shouted back at them and told them they would have to maintain peace if they wanted to be heard.

After a while Chowdhury spoke to the men's group, representing the Gender Human Rights Society, and listened to their problems.

Chowdhury, who was chairing the round table on building partnership with men towards women's empowerment and gender equality, said the government planned to review the law as complaints have been heard about violence against men.

'It is wrong to say that domestic violence is only seen among poor families. Educated men also are not afraid of hitting a woman. Laws are there for protection and not against or in favour of anyone,' the minister said.

One of the protesters was Neeraj Aggarwal, the executive member of the Gender Human Rights Society, who said they had received a number of complaints from elderly couples about how their daughters-in-law had forced them out of their homes.

'We see men who have been beaten up very badly. As the laws favour the women, they register case against the husband and his entire family. Even those who are not involved are charged and arrested,' he said.

Most of these men were protesting against section 498 (A) of the Indian Penal Code, under which the husband or relative of the husband of a woman subjected to cruelty can be imprisoned for three years and also fined.

Some of the protesters carried banners saying that radical feminists supported the section. Most of the men also wore black badges in protest.

'We want the law to be redrafted so that men are not victimised,' said society president Sandeep Bhartia.

As Renuka claims that she fights for women, men explain the torture

As Renuka claims that she fights for women, men explain the torture


http://www.newkerala.com/one.php?action=fullnews&id=77601

As Renuka fights for women, men allege torture

New Delhi, June 25: A meeting called Wednesday by Women and Child Minister Development Renuka Chowdhury to discuss the law relating to the harassment of women over dowry turned acrimonious after some 50 men and their families barged into the venue, alleging the law was blind to their torture at the hands of women.

The high drama lasted over one hour at the India Islamic Cultural Centre here, with the minister initially refusing to talk to the men when they barged in. She asked them to withdraw from the small hall packed with women delegates, including experts, psychiatrists and psychologists.

The men trooped out shouting slogans. As they gathered outside the venue, the police were called to maintain order. Chowdhury shouted back at them and told them they would have to maintain peace if they wanted to be heard.

After a while Chowdhury spoke to the men's group, representing the Gender Human Rights Society, and listened to their problems.

Chowdhury, who was chairing the round table on building partnership with men towards women's empowerment and gender equality, said the government planned to review the law as complaints have been heard about violence against men.

"It is wrong to say that domestic violence is only seen among poor families. Educated men also are not afraid of hitting a woman. Laws are there for protection and not against or in favour of anyone," the minister said.

One of the protesters was Neeraj Aggarwal, the executive member of the Gender Human Rights Society, who said they had received a number of complaints from elderly couples about how their daughters-in-law had forced them out of their homes.

"We see men who have been beaten up very badly. As the laws favour the women, they register case against the husband and his entire family. Even those who are not involved are charged and arrested," he said.

Most of these men were protesting against section 498 (A) of the Indian Penal Code, under which the husband or relative of the husband of a woman subjected to cruelty can be imprisoned for three years and also fined.

Some of the protesters carried banners saying that radical feminists supported the section. Most of the men also wore black badges in protest.

"We want the law to be redrafted so that men are not victimised," said society president Sandeep Bhartia.

--- IANS

Tuesday, June 24, 2008

NRI groom? Rejected!

NRI groom? Rejected!
2 Jun 2008, 0000 hrs IST,TNN

Hot careers, independence, wanting to be there for their families. Just some of the reasons eligible Indian women won't up and move abroad after marriage. Which explains the decline in the demand for NRI grooms, once considered most-desired prospects on the marriage market.

Make-up and hair expert Swati Gupta says there's no way she's moving out of Bangalore, leave alone India. "Doing anything outside Bangalore is out of the question for me. I'm professionally established here. I don't want to throw all this away for an NRI husband," she says. Career apart, Swati is keen on being there for her parents. "After a few years, I want my parents to travel while I keep things going here. So it's definitely a Bangalore groom for me," she says.

Senior sales executive in a media services company, Sonia B, also says commitment to family is one of the reasons she won't consider an NRI groom. "Besides, with someone who lives so far away, the picture is always hazy. It's too risky to marry someone nobody knows anything about," she says.

Haribabu Injam, who runs a matrimonial services company, concedes that increasingly, career women are not interested in NRI grooms. "Girls here have good jobs in MNCs and earn fat salaries. They don't want to give that up and settle for an NRI groom, who more often than not —having lived in an alien culture — is shy, introverted and unable to adapt to the girl, her friends and family here," he explains.

Usha, learning professional in an IT company, refuses to accept the sense of displacement that comes with marrying an NRI. "I wouldn't have the courage to give up my job, get married to a person living abroad and do nothing there. I may be open to doing the same here because it's familiar territory and easy to get back to where I was if I wanted to," she says.

Despite such clarity among women, Velayudhan AP, who runs a matrimonial services and astrological research company, says women looking for spouses online tend to tie the knot with NRI grooms. "It's dangerous because after 2-3 months, these women realise that the men are not suitable and file for divorce. NRI grooms have usually had pre-marital relationships that haven't worked out and finally concede to marrying a girl from here. Also, they don't always tell the truth about their jobs and salaries. Some are in deep debt and demand dowry. No smart Indian woman will put up with such duplicity," he says.

Source URL
http://timesofindia.indiatimes.com/Trends/NRI_groom_Rejected_/articleshow/3088517.cms

MNC executive denied bail for raping prospective bride


MNC executive denied bail for raping prospective bride


News from Sahara Samay

Posted at Friday, 20 June 2008 20:06 IST New Delhi, June 20:

An MNC executive, who allegedly raped his lover after meeting her through a matrimonial website, has been denied anticipatory bail by a Delhi court which said physical exploitation of a woman by a prospective groom cannot be accepted in a civilised society.

The accused, who raped the victim on the pretext of marriage, even offered to marry her but Additional Sessions Judge Kamini Lau rejected his plea saying it was a mere ploy to wriggle out of the criminal case.

"In a nation which protects its women from non-consensual sex even if it is by her separated husband, the allegations made by the complainant about physical exploitation by a prospective groom under the pretext of marriage are serious," Lau said rejecting the bail plea of Rehan Ghauri who works as a marketing executive in an MNC.

The court took a serious view of accused's alleged "betrayal" and exploitation of the victim, a south Delhi resident whose profile was posted on the matrimonial site by her parents.

"Society is surviving on faith and truth and treachery has no place in civilised society. Marriage is a serious affair and no person can be allowed to be subjected to this kind of physical, mental and emotional exploitation by such non-serious suitors," the court said, dismissing the bail application.

After coming across the victim's profile on the matrimonial website jeevansathi.Com, Ghauri communicating with her, showing his intent to marry her, the police said.

He allegedly came close to her and later forced her to enter into a physical relationship on the promise of marriage.

A case was registered by the victim at Sangam Vihar police station under IPC Section 420 (cheating) and 376 (rape) last month.

source URL
http://www.saharasamay.com/samayhtml/articles.aspx?newsid=101070

Tuesday, June 17, 2008

Will Renuka PUNISH MOTHERS of girls for illicit sex, pre marital sex and other crimes of school and college girls ?


Question :

Will Renuka PUNISH MOTHERS of girls for illicit sex / pre marital sex and other crimes of school and college girls ?

regards
Vinayak




http://www.hinduonnet.com/thehindu/holnus/002200806171523.htm

Under-age driving: Renuka for action against parents

New Delhi (PTI): With increasing number of road accidents involving vehicles driven by under-age boys, Union Minister Renuka Chowdhary on Tuesday said parents of such children should face the music.

"We will write to the Road Transport Ministry to take stringent action against the parents," the Women and Child Development Minister said reacting to the recent incident on Gurgaon Expressway where a car carrying three teenagers and allegedly driven by an under-age boy met with a fatal mishap.

Chowdhary was speaking at the inaugural ceremony of the facilitation centre of the Women and Child Development Ministry here. The centre will provide information about various schemes amd programmes of the Ministry.

Emphasising that the children have no idea about the risks involved in minor mistakes committed on the roads, she said the Road Transport Ministry should amend the law and bring the parents into its ambit to deal with such cases.

"The children are not at fault. The parents should be responsible enough not to allow an under-age child to drive. This is the reason they are not allowed to vote, drink. Father's license should be taken back and then only there will be a check (on such incidents)," she added.

Replying to a query, the Minister said the use of mobile phones in schools should not be allowed. There are other security measures that can ensure the safety of a child.

"The HRD Ministry should write to schools about banning the use of mobile phones. I am an orthodox in such matters -- children have no business of using mobile phones," she said.

Why don't lawyers call for strike when their client's are not getting bail ?????


Lawyers strike work when their colleague does NOT get bail....

WHY DON'T LAWYERS CALL FOR STRIKE WHEN THEIR CLIENT'S ARE NOT GETTING BAIL ?????


regards
Vinayak



Lawyers protest in Kanpur

Posted at Tuesday, 17 June 2008 16:06 IST

Kanpur, June 17: Lawyers in the Kanpur district court today struck work and staged protests after one of their colleagues failed to get bail in a dowry case.

A case under anti-dowry act was filed against the advocate, S K Dubey, after his wife had allegedly committed suicide on June 1.

Dubey had submitted a bail application before the court of Additional District Judge, who, however rejected his plea.

Lawyers of the district court staged a demonstration outside the court and boycotted work.

A large number of policemen have been deployed in the court premises.

Hindu Marriages Act breaking more homes than uniting: SC

Time of India :
Hindu Marriages Act breaking more homes than uniting: SC

17 Jun 2008, 1825 hrs IST,PTI

NEW DELHI: Expressing concern over an increasing number of divorce cases flooding the courts, the Supreme Court on Tuesday observed that the Hindu Marriages Act had done more harm to the family system in the country than strengthening it.

"The Hindu Marriages Act has broken more homes than uniting," a vacation Bench of Justices Arijit Pasayat and G S Singhvi observed.

The apex court regretted that the growing number of divorce cases in the country was having a disastrous effect on children of families which get broken in such a manner.

Enacted in 1955, the Hindu Marriages Act which had undergone several amendments till 2003 contains various provisions for validity of a Hindu marriage, restitution of conjugal rights and divorce, the latter being a concept evolved from the English law.

"Even at the time of marriages, anticipatory divorce petitions are being filed," the Bench remarked sarcastically.

The apex court passed the observation while dealing with a petition filed by a divorcee for seeking his child's custody.

"Ego should get dissolved for the sake of the child," the Bench remarked even as the separated parents tried to air their views.

The apex court told the separated couple that it was more concerned with the welfare of the child, rather than the mutual recrimination between the two.

"Ultimately the child suffers. If it is a girl the trauma is more, particularly at the time of the marriage of such children," Justice Pasayat speaking for the Bench observed.

The apex court lamented that the provisions provided in the Hindu Marriages Act for granting divorce on the grounds of spouses suffering from diseases like leprosy, mental illness were being misused by some couples.

"In those days our forefathers never had such problems," the apex court observed while stating that marital disputes during the olden days were sorted out within the four walls of the house.

In this case, Gaurav Nagpal through counsel Manik Karanjawala had sought custody of his 11-year old son.

Nagpal had filed the appeal after the trial court and the Delhi High Court had both granted the custody of the boy to his estranged wife Sumedha Nagpal.

There was high drama during the hearing of the case when Gaurav asked his wife to give him an hour time to sort out certain differences between.

But even before the court could give its views on the plea, Sumedha bluntly rejected the idea.

"It's just an eyewash your Lordship. He has been beating me and my father," Sumedha told the Bench, which however, said that it would not go into the merits of the case at this juncture.

Instead, the Bench said it would personally talk to the couple in chamber during the afternoon.

The matter was also listed for further hearing on Wednesday.

source URL :

http://timesofindia.indiatimes.com/India/Hindu_Marriages_Act_breaking_more_homes_than_uniting_SC/articleshow/3138462.cms

Sunday, June 15, 2008

Abha’s in-laws get bail, say false case registered



Abha's in-laws get bail, say false case registered


Express News Service

Posted online: Sunday , June 15, 2008 at 03:35:45
Updated: Sunday , June 15, 2008 at 03:35:45

http://www.expressindia.com/latest-news/Abhas-inlaws-get-bail-say-false-case-registered/323025/


*Ludhiana, June 14* Abha's charges of physical, mental harassment and dowry demand against her in-laws took an interesting turn today when her in-laws held a press meet here today alleging that " Section 498(A) was being misused by women like Abha".

Addressing the media, Inderpal Singh, Abha's father-in-law, her husband Amrik Singh alias Ashu along with other relatives and family friends alleged that Abha had fallen out of love with her husband and wanted to opt out of the marriage .

Meanwhile, the five members named in the FIR, Amrik Singh Abha's husband, Inderpal Singh, Abha's father-in-law, Harjeet Kaur, Abha's mother-in-law, Kanwaljit Singh her elder brother-in-law and his wife Gunita alias Manna have secured bail from the local court. An FIR under Sections 498A and 506 of the IPC was registered at police division number 5 against the accused on June 10.

Inderpal Singh said: "Abha is being provoked by her parents who feel that Abha can get a better person as my son can not speak. We have no problem if Abha does not want to live with our son but then our only contention is the manner in which some police officers have been siding with Abha."

He said ASP Dhanpreet Kaur would threaten them with dire consequences for torturing Abha, which they never did. "We are even surprised how the ASP would come to our house each time Abha called her up," he said. Adding to this Ramdeep Singh said, " At present, we are facing inquiries in the Women's Cell, then Division Number 5. The ASP has already completed the inquiry."

ASP Dhanpreet Kaur denied the allegations and said, "The inquiry report which I have made has been accepted by my seniors and the allegations that I have sided with Abha are baseless. There is no such thing," added the ASP.


------ end of forwarded news ----

Do men get arrested in Egypt for dowry charges ??

http://afp.google.com/article/ALeqM5jVBLUfTeKBU29kJbwQt9rZtIpwRg

Egypt bans 92-year-old from marrying teenage bride

CAIRO (AFP) — Egyptian authorities have banned a 92-year-old Saudi man from marrying a poor teenage girl 75 years his junior, a judicial source said on Saturday.

The justice ministry made its ruling under a law designed to prevent wealthy Arabs from the Gulf from snapping up young Egyptian girls and which forbids marriage when there is an age gap of 25 years or more.

The unidentified Saudi holidaymaker proposed marriage to a 17-year-old village girl and offered a dowry of about 28,000 dollars as well as gold jewellery, the source said.

"Her parents, who are very poor, accepted," he told AFP.

But the justice ministry refused to register to marriage, citing the legislation brought in during the Gulf oil boom.

However, according to Egypt's Al-Akhbar newspaper, the authorities allowed 173 such marriages last year after the foreign husbands paid the equivalent of 8,000 dollars into the Egyptian National Bank.


Police claim that Dowry claimed two lives


From The Hindu
Dowry claims two lives
Staff Reporter

HYDERABAD: Two women committed suicide in separate incidents in the city since Friday following alleged dowry harassment.

A 22-year-old woman ended her life by consuming poison at her residence at Masjidpur in Hayathnagar on Saturday. K. Sunitha was married to Rami Reddy three years ago. At the time of marriage, Sunitha's parents gave Rs.3lakh in cash and other valuables as dowry. But Reddy was allegedly harassing her demanding additional dowry. Unable to bear his torture, she killed herself when the family members were away from the house, according to the police.

In a similar incident, Ch. Manga (20) committed suicide by setting herself ablaze at her house at New Bowenpally on Friday. Her husband Raju was allegedly harassing her for the last few months demanding more dowry, police said.



source URL

http://www.thehindu.com/2008/06/15/stories/2008061558980500.htm

Saturday, June 14, 2008

Single fathers form new forum

Single fathers form new forum
 

Bengaluru June 14:

It was all for their share of love from their beloved children!  It's Fathers Day on Sunday. Time for fathers and their children to celebrate their relationship, the love they share. But for some fathers it is a painful experience as they are permitted to visit their children only on a designated day and time.  They do get the chance to watch their children grow or even cuddle them when they feel like. Tears rolled down Rakesh Kapur's cheeks when he said, "Tishya, my baby girl was just three-and-a-half months-old when I and my wife got separated.  I rarely get to see my beloved daughter forget about pampering or cuddling her."

Kapur, who is an IT professional, says "My daughter did not recognise me when I recently met her in court".  Rakesh's, wife Madhuri reportedly left him after he returned from the US. She reportedly wanted him to go back to the US, but he refused to do so. This reportedly was the cause for her to leave him. He wore a T Shirt with a picture of his baby, below which read, "Daddy's little princess".  More than 120 such fathers, which  includes mostly software Engineers and IT professionals, either divorced or separated from their wives, raised their voice demanding shared parenting, under the aegis of CRISP (Child Rights Initiative for Shared Parenting), on the eve of Fathers' Day. The organisation is being led by by Chetana Kumble's ex-husband, Kumar V. Jahgirdhar.

They held placards with pictures of their children and wore T-Shirts which read, "I believe in Shared Parenting". More than 20 fathers who are fighting for their child's custody in courts in various places including Mysore, Delhi, Hyderabad and Chennai, made their way to participate in the protest which went on from 10 am to 12.30 pm.  Sharing his experience another software engineer, Ritesh Saxena said:  "I have the visiting rights for my six-and-a-half-year-old son Anish for an hour. It is Fathers' Day tomorrow. But I must celebrate it today as I am meeting him today.''

Source URL :

 

Married girl's wealth can go to parents: Law Commission


Married girl's wealth can go to parents: Law Commission


11 Jun 2008, 0107 hrs IST,TNN

NEW DELHI: Continuing with its progressive stance on family laws, especially those empowering women, the Law Commission for the first time has recommended that self-acquired property of a married Hindu woman without an heir would simultaneously pass on to her parents as well as to her husband's family.

In case the parents of a woman are no more, a part of her property would go to the heirs of her father. It would involve amendment in Section 15 of the Hindu Succession Act (HSA).

The proposed amendment in HSA would finally differentiate between inherited and self-acquired property of a Hindu woman. Presently, Section 15 only prescribes that if a property is inherited from her husband or father-in-law, it would go to her husband's heirs and if the property is inherited from her parent, the same would not devolve to her husband's heirs, but to the heirs of her father.

The act does not enumerate the heirs into succession of a female Hindu's property where it is self-acquired. The same would devolve on her husband's heirs.

Commission's 207th suo motu report has come in the context of changing social scenario when women have started owning property earned by their own skill. "These situations do not seem to have been in the contemplation of legislators when the Hindu Succession Act was enacted," Commission said.

Another factor, according to Commission, is that when amendments are made entitling women to inherit property from her parental side as well as her husband's side, it would be justified if equal rights are given to her parental heirs along with her husband's heirs, to her property.

Source URL :
http://timesofindia.indiatimes.com/India/Married_girls_wealth_can_go_to_parents_Law_Commission/articleshow/3118408.cms

Property plea for girl parents

From : Telegraph India

Property plea for girl parents

New Delhi, June 10: The parents of a married woman who dies without a will could get the same right to her self-acquired property as her husband's family, if the law commission's recommendation is accepted.

At present, under Section 15 of the Hindu Succession Act, a woman's property goes to her sons, daughters — and children of any dead sons or daughters — and husband, then to her husband's heirs, after that to her parents, then to her father's heirs and, last, to her mother's heirs.

This means that unless she wills it otherwise, the property of a woman who is not survived by her husband or children would go to her husband's family and not her own parents. The woman's parents inherit wealth their daughter has earned only if her husband has no heirs.

But if a man dies without a will, his wife's family has no right to inherit his property.

The law panel headed by A.R. Lakshmanan handed in its 207th report to law minister H.R. Bhardwaj on Tuesday, in which it recommended that the woman's parents be treated on a par with her husband's heirs, who could include his parents.

The commission also said that in case the woman's parents are dead, her siblings should get a share in her property. In the absence of her parents, the property would be divided among heirs of her husband and heirs of her father, the report said.

The 18th Law Commission has taken the initiative to suggest making the Hindu Succession Act gender-neutral since more and more women are now working and acquiring wealth of their own.

The panel's recommendations are, however, not binding on the government.

Source URL

http://www.telegraphindia.com/1080611/jsp/nation/story_9394994.jsp

Parents should have share in self-acquired property of woman intestate, moots Law Commission


Parents should have share in self-acquired property of woman intestate, moots Law Commission

Special Correspondent


Subject matter taken up by Commission in view of social changes

It recommends enactment of a new Coroners Act


NEW DELHI: The Law Commission has suggested that the self-acquired property of a woman who dies without leaving a will or heirs be inherited equally by the heirs of her husband and her parents, and in the absence of her parents, by the heirs of her husband as well as her father's heirs.

Recommending amendments to Section 15 of the Hindu Succession Act, 1956, the Commission in its 207th report said this section did not differentiate between the property inherited and the self-acquired property of a Hindu female; it only prescribed that if a property was inherited from her husband or father-in-law, it would go to her husband's heirs and if the property was inherited from her parent, it would go to the heirs of her father, and not to her husband's heirs.

Section 15 has not clearly enumerated and considered succession of a Hindu female's property where it is self-acquired and the same would devolve on her husband's heirs. Under the Hindu Succession Act, the basis of inheritance of a property of a Hindu female, who dies intestate, is the source from which she came into possession of it and the manner of inheritance will decide the manner of devolution.

The subject matter was taken up by the Commission suo motu in view of the vast social changes in the past few years. Women have made strides in all spheres and are owning property earned by their skills. These situations do not seem to have been in the contemplation of legislators when the Hindu Succession Act was enacted, the Commission said in its report.

When amendments were made to entitle women to inherit property from her parental side as well as from her husband's side, it would be quite justified if equal right was given to her parental heirs along with her husband's heirs to inherit her property.

Another recommendation concerns enactment of a new Coroners Act to be made applicable throughout India. The recommendation, in the form of the Coroners Bill 2008, appended to the 206th report, provides for appointment of a coroner for each district and also for each Union Territory.

The existing Coroners Act, 1871, a Central Act, applies only to very limited territorial jurisdiction — the ordinary original jurisdiction of the High Courts of Calcutta and Bombay.

The matter was taken up by the Commission following a Delhi High Court order for examining whether a piece of legislation such as the Coroners Act, 1988, prevalent in the U.K. was needed in the country.

The Commission took up a study to examine the Coroners Act, 1871; the Coroners Act, 1988 (U.K.) and various other legislation so as to include the right to know the correct cause of death of any person, especially when it is unnatural and reported under suspicious circumstances.

Commission Chairman A.R. Lakshmanan presented both reports to Union Law Minister Hansraj Bhardwaj here on Tuesday.


Source URL :
http://www.hindu.com/2008/06/11/stories/2008061159861100.htm

6-month wait for divorce a must, says HC


6-month wait for divorce a must, says HC

13 Jun 2008, 0127 hrs IST, Shibu Thomas,TNN

http://timesofindia.indiatimes.com/Cities/6-month_wait_for_divorce_a_must_says_HC/articleshow/3124746.cms

MUMBAI: A quick divorce may not exactly be easy to obtain even if both the husband and wife are willing. In an important judgment, the Bombay High Court has held that the six month "waiting period'' after filing for divorce by mutual consent under the Hindu Marriage Act is mandatory and can't be waived by courts.

A division bench of Chief Justice Swatanter Kumar and Justice V M Kanade on Friday held that the family courts did not have the power to waive off this requirement.

"No prejudice is caused to the parties (husband and wife) by merely waiting for a short period of six months before they take a vital and pertinent decision in regard to their marriage which is a social sacrament coupled with civil rights and obligations and which they had entered upon voluntarily,'' said the judges. "Impulsive and impatient decisions rarely guide the parties to the logical and correct decision. It is a period during which the parties are expected to ponder and seriously consider their decision to severe the matrimonial ties.''

The court's orders came after the principal judge of the family court in Nagpur referred the issue to the HC. The principal judge was confronted with a problem following a divorce petition filed by a Nagpur couple and divergent views on the matter. The couple Tushar and Meenal had got married on May 9, 2006. Due to differences they started living separately from September 2006. A year later on September 11, 2007, the couple filed a petition seeking divorce by mutual consent. They also urged the court to condone the six month waiting period.

Under section 13 of the Hindu Marriage Act, a couple who are living separately for more than a year can file a petition for divorce by mutual consent. The section further provides for a minimum waiting period of six months, after which the couple can file a second application for dissolving the marriage. The court remarked that this waiting period is usually for the benefit of the couple so that they can reconsider their decision. "This kind of benefit is founded on a social outlook,'' said the judges. "If this procedure is condoned at the behest of parties it will amount to denial of the statutory benefit of rethinking. The statutory provision cannot be moulded to suit the convenience of parties.''

The Act provides for immediate divorce inder section 14 only if the grounds urged are cruelty or hardship.

The 44-page judgment was penned by the Chief Justice who reiterated that despite the various provisions of the Act, it was intended to bring couples together. "The legislative policy of the Hindu Marriage Act is to protect the institution of marriage and prevent decay of social values relating to the institution of the family.''

The Chief Justice also sought to draw upon the origins of marriage in the Hindu society. "From the very commencement of the Rigvedic Age, marriage was a well established institution and the Aryan ideal of marriage was very high. Monogamy was the approved rule though polygamy existed to some extent. It is said that there is no real evidence to the existence of polyandry and matriarchy in the Vedic time,'' said the judge, who also referred to Manu's exhortations on honouring women and on the institution of marriage. "The husband receives his wife from the Gods, he must always support her while she is faithful,'' the judge quoted Manu in the judgment. The judge added, "In Hindu (society), marriage is one of the necessary sanskaras or religious rites. While marriage according to the Hindu law is a sacrament, it is also a civil contract which takes the form of a gift in the Brahma, a sale in the Asura and an agreement in the Gandharva.''

The judge said that in earlier times under the Hindu law divorce was not allowed.

It was only in 1955, following the enactment of the Hindu Marriage Act that the law specifically provided for dissolution of marriage by a decree of divorce.

Friday, June 13, 2008

Did the Indigo Airhostess dies because of her extra marital affairs ??

IndiGo Airhostess Suicide: Pilot arrested Abetting her Suicide
Jun 12th, 2008 | By Sindh Today | Category: Popular, South Asia

MUMBAI: The case of arihostess sucided took a new turn when the Arjun Menon
(28), a pilot with Indigo Airlines, arrested by Police for causing airhostess
sucide. As it was believed that air hostess, sucheta Anand (25) was disturbed
because of a trouble marriage. She was separated from her husband and started to
live with his parents in Delhi. Police officer said Arjun Menon, Sucheta's
colleague at IndiGo airline, had spent "the whole day" with the 24-year-old,
Delhi-based airhostess as she shopped across Mumbai.

"Arjun and Sucheta shared a close friendship and spent the whole day together.
Arjun was in her room till 7.50 on Saturday evening, and she killed herself soon
after he left. We are investigating what happened between the two," Dilip
Gaikwad, senior inspector of Santa Cruz police station, said.

Sucheta had entered her hotel room, Number 311 at Hotel Palm Grove, around 6pm
after finishing shopping. She was found dead at 11pm.

"We recorded the statements of Sucheta's parents and her brother today, and
they told us Arjun was harassing her and accused him of abetting the suicide. We
have taken him into custody for detailed investigation," deputy commissioner of
police Niket Kaushik said.

Sucheta's family said She was very happy and loving girl with good career
prospects.


********


It is pertinent to mention here that earlier Sucheta's mother and brother were
accusing her HUSBAND for the dowry demands and harassment. All these baseless
accusations against her Husband had been made by Sucheta's Parents on various
media channels. But the truth lies that Sucheta herself was invloved with Arjun
and had left her matrimonial home a long time back. In this way her parents were
trying to nail her Husband for her death and trying to protect her daughter,
although who was herself invloved in extra marital relationship with a Pilot and
had left her matrimonial home a long time back.

Moral of the story - Blame and accuse Husband for dowry demand even if Wife is
having an affair outside her matrimonial home.

Manish Sabharwal

No maintenance for wife who can't prove cruelty: HC

http://timesofindia.indiatimes.com/India/No_maintenance_for_wife_who_cant_prove_cruelty_HC/rssarticleshow/2945914.cms

No maintenance for wife who can't prove cruelty: HC


12 Apr 2008, 0202 hrs IST,Kartikeya,TNN

MUMBAI: Justice V R Kingaonkar of the Bombay High Court ruled this week that a husband did not have to pay maintenance to a wife who left her matrimonial house alleging cruelty and harassment but could not prove the same before a magistrate.

The order came after the court heard the plea of Sanjay Bhosale (35), a ward boy at Pune's Yerawada Mental Hospital whose wife, Khristina, left him within five months of their wedding in May 1998, alleging that Bhosale was a drunkard who often beat her up and demanded gifts. Khristina had even said that she "apprehended danger to her life" at his house and therefore could not live with him any longer.

Khristina had filed for a separate monthly maintenance allowance of Rs 1,500 under Section 125 of the Criminal Procedure Code. Her plea was first turned down by a magistrate, but a sessions court awarded her a monthly allowance of Rs 700.

Bhosale took the matter to the high court, saying that he had not treated Khristina cruelly and that she had left him of her own will.

Justice Kingaonkar, who heard Bhosale's plea, observed that Khristina had not produced any documents or examined any witnesses in court to support her claims that she had lodged a police complaint against Bhosale and written to her father about the cruel treatment she was suffering at his hands.

On the other hand Bhosale brought the two neighbours — Shubhangi and Bashid — to court as defence witnesses. The neighbours testified that he was "not addicted to any vice" and that they had never him quarrel with Khristina.

Bhosale also told the high court that he had been granted restitution of conjugal rights by a family court in 2003 which noted that Khristina had "withdrawn from the society without any reasonable excuse".

Justice Kingaonkar, after going through all the evidence, considered that Khristina could have left Bhosale "under the burden of domestic chores" and the family court had also said she was "guilty of deserting Bhosale without any reasonable excuse".


304B - Dowry death case. Out after 2 months and 11 days in Jail


304B - Dowry death case. Out after 2 months and 11 days in Jail
-----------------------------------------------------------------------------------------------

http://www.lawguru.com/cgi/bbs/message.php?i=419262165&view=q


Legal advice

Sir, I had been convicted on 27 Feb 2007 under IPC 304B and 498A & sentenced 10 years RI and 1 year RI resepctively. After two months eleven days, I have been released on permanent bail. Kindly let me that ''Can I apply for any government job?'' If yes, what matter should I disclose in filling up form for government job? Or what steps should I take with respect to my career [My educational qualification is MA (English), B.Ed]. Kindly guide me in details.


========= end of forwarded message ==================

Any ideas ? suggestions ?

Just putting sindoor not enough, go the whole hog to be legally wed, rules court

Comments
----------------

good news below.

So .... those stuck for long with divorce proceedings from first marriage, can start the next live-in, after applying sindhoor on the forehead of the second woman ... live in

Live in would NOT become wife, applying sindhoor would NOT be marriage and so NO CHARGES OF BIGAMY


Regards
Vinayak


============== news item ============


http://www.expressindia.com/latest-news/Just-putting-sindoor-not-enough-go-the-whole-hog-to-be-legally-wed-rules-court/319609/

Just putting sindoor not enough, go the whole hog to be legally wed, rules court

Utkarsh Anand

Posted online: Saturday , June 07, 2008 at 11:00:30

Updated: Saturday , June 07, 2008 at 11:00:30


New Delhi, June 6 Simply putting 'sindoor' (vermillion) on a woman's head might work as 'proof' of a quick-fix wedding for Bollywood potboilers, but the law does not grant sanctity to such a "marriage", a city court has observed.

According to Additional Sessions Judge (ASJ) Bimla Kumari, the other nuts and bolts of wedding, as laid down in the Hindu Marriage Act (HMA), have to be followed for the matrimony to get legal sanction.

"Merely putting sindoor in the parting of a girl does not give a title to a man to be (her) husband," ASJ Kumari ruled in a recent case. "For a marriage, the 'saptapadi ceremony' has to be performed under the Hindu Marriage Act."

The Act, the legislation of laws relating to marriages among Hindus, says that a wedding is "complete" only after the customary rites and ceremonies, including the "saptapadi" (seven steps taken by groom and bride in front of the sacred fire). The court observed that the marriage becomes "complete and binding" only after the seventh step is taken.

The court's observation came while deciding a case against a man accused of kidnapping a girl to Uttarakhand and raping her.

As the woman — she was found to be over 18 years, and thus of marriageable age — stood by the accused, the court acquitted him of abduction charges. But when ASJ Kumari was to settle on the rape charge, the woman told the judge that he had applied "sindoor" on her forehead in March last with intention to get married. "We made God the witness of our relationship," the woman contended.

The court acquitted the man of rape charge, as the woman was mature and legally capable of consenting to physical relationship, but refused to acknowledge the wedding. Noting that the girl had admitted that barring the sindoor bit no wedding rituals were performed, ASJ Kumari said they could not be lawfully married under the Hindu Marriage Act. "For a marriage, the 'saptapadi ceremony' has to be performed, which is not performed in the present case," the court observed, while releasing the accused. "It means they were not legally wedded."

============= end news item ==============


Give up fear ....Give up fear ....Give up fear ....


>--- In saveindianfamily@yahoogroups.com, J......
>
>I have been trying to save my marriage since
>last 1 yr, my wife listens to her mother and my
>mother-in-law is very cunning person and
>spoiling our marriage.
>
>We both are in ___(abroad) and I am __citizen and she
>plans to take __ citizenship in __yrs., my in-
>laws are in india.


Step No 1 : Give up fear
Step No 2 : ...Give up fear....
Step No 3 : ...Give up fear.... of 498a, of arrest etc etc


Look at the ADVANTAGES in your case
--------------------------------------------------------

- IF your wife is ALSO earning in USA IT IS EQUALLY difficult for her to come sit in India and screw your happiness

- IF you have been living IN THE USA for a long time... then it is EVEN more difficult for her to EVEN PROSECUTE you for wrong doings ONLY in the USA .... (i.e.) as long as the alleged crime has happened OUTSIDE India , Indian courts need special permissions to prosecute you

- Forget the fear of extradition .. that is close to impossible and EVEN if that happens it will take ages

- Even in divorce and maintenance proceedings your wife cannot easily attach your foreign salary

- Mentally prepare your near and dear ones... The moment they face police with a smiling and resolute face the police will respect them.... IF THEY are scared shitless the police will scare and chase you fruther.....

- IF THEY ARE NOT prepared, tell them they will faced WORSE if they run.,.... the more they run the more they will be chased ....

- READ THE LAW

- read this forum regularly.....read this forum regularly.....

START MEETING AND HELPING OTHERS !!!
------------------------------------------------------------------------------

Yeah !! START MEETING AND HELPING OTHERS !!! in whatever way you can, share their sorrow, give them local assistance, blog our problems ...., HELP arrange morchas in India..... there are a 100 ways you can help


Now :
-------------
tell me IF you are ready to fight ?

or

Are you preparing to compromise / run away from the problem / say you are "...working it out..." etc etc with a 498a woman ???


More after hearing from you


Regards
vinayak




>
>
>--- In saveindianfamily@yahoogroups.com, J......
>
>I have been trying to save my marriage since
>last 1 yr, my wife listens to her mother and my
>mother-in-law is very cunning person and
>spoiling our marriage.
>
>We both are in ___(abroad) and I am __citizen and she
>plans to take __ citizenship in __yrs., my in-
>laws are in india. I am tired of this and plan
>to seperate. They are now pressuing me for
>_____. I dont want to mess up further.
>What should I do? I am afraid of 498a and other
>false charges if I go for seperation.
>
>Please note, we did not take anything from her
>during marriage or afterwards. ..
......

regards, vinayak

My post above is Subject to
----------------------------
1. My idea of *self help* which is very essential : http://tinyurl.com/pxcfz
2. Standard disclaimers as in http://tinyurl.com/947u9
3. A short preamble : http://tinyurl.com/hatew

Tuesday, June 10, 2008

Wife files 498a and also gets divorce case transferred !!

Notes :

- Wife files 498a

- Then she files a transfer petition on the Divorce case

- Even when a Transfer Petition is made AFTER 498a by the 498a woman the Supreme court tries reconciliation !!

- If no reconciliation is possible the court orders tranfer of case to place requested by wife !!


regards, vinayak

My post above is Subject to
----------------------------
1. My idea of *self help* which is very essential : http://tinyurl.com/pxcfz
2. Standard disclaimers as in http://tinyurl.com/947u9
3. A short preamble : http://tinyurl.com/hatew

Seek advise : All India contact Nos : http://tinyurl.com/vntjz

All India contact Nos : alternate URL
http://www.blurty.com/users/vinayak/day/2006/12/10


Dowry Law Misuse : http://tinyurl.com/tdkx6 , http://tinyurl.com/v5vp8

Blogs :
More die due to exam failure than due to Dowry !!!
Majority of dowry cases are false: SP
HC cautions against the use of dowry law to settle scores
No maintenance for wife who can't prove cruelty: HC
Unmarried Female on pill, delivers a baby in toilet
Wife supposedly 'dead' in Bihar, man 'sights' her in Noida
Triple Talaq is a Legally valid form of Divorce - Madras HC
A failed marriage is not a crime however...
torture allegations are approx 6 times dowry DEATH FIRs !
Marriage cannot be dissolved at the drop of a hat: HC: Mubai
Husband says she had an affair, wife claims dowry harassment !!
.... and some case laws ...
Ramakrishna v. Priya Ganesan - Custody of Minor child
Irretrievable break down of marriage
vast difference between "could have been", "must have been" and "has been".



NRI cannot be prosecuted without permission of the Central govt.


http://vinayak.wordpress.com/2008/06/10/nri-cannot-be-prosecuted-without-special-permission-of-the-government/

or

alternate URL
http://tinyurl.com/45np3o
 
regards, vinayak

My post above is Subject to
----------------------------
1. My idea of *self help* which is very essential : http://tinyurl.com/pxcfz
2. Standard disclaimers as in http://tinyurl.com/947u9
3. A short preamble : http://tinyurl.com/hatew

Seek advise : All India contact Nos : http://tinyurl.com/vntjz

All India contact Nos : alternate URL
http://www.blurty.com/users/vinayak/day/2006/12/10


Dowry Law Misuse : http://tinyurl.com/tdkx6 , http://tinyurl.com/v5vp8

Blogs :
More die due to exam failure than due to Dowry !!!
Majority of dowry cases are false: SP
HC cautions against the use of dowry law to settle scores
No maintenance for wife who can't prove cruelty: HC
Unmarried Female on pill, delivers a baby in toilet
Wife supposedly 'dead' in Bihar, man 'sights' her in Noida
Triple Talaq is a Legally valid form of Divorce - Madras HC
A failed marriage is not a crime however...
torture allegations are approx 6 times dowry DEATH FIRs !
Marriage cannot be dissolved at the drop of a hat: HC: Mubai
Husband says she had an affair, wife claims dowry harassment !!
.... and some case laws ...
Ramakrishna v. Priya Ganesan - Custody of Minor child
Irretrievable break down of marriage
vast difference between "could have been", "must have been" and "has been".



Bangalore BPO Rape and Murder case : Judgement


The judgement also speaks about
(a) Quash,
(b) what should be "...rarest of rare.."
(c) need for anticipatory bail in the state of UP ...and so on ...

http://vinayak.wordpress.com/2008/06/10/rape-murder-electronic-city-bangalore/

alternate URL

http://tinyurl.com/59jgcn




--------
 
regards, vinayak

My post above is Subject to
----------------------------
1. My idea of *self help* which is very essential : http://tinyurl.com/pxcfz
2. Standard disclaimers as in http://tinyurl.com/947u9
3. A short preamble : http://tinyurl.com/hatew

Seek advise : All India contact Nos : http://tinyurl.com/vntjz

All India contact Nos : alternate URL
http://www.blurty.com/users/vinayak/day/2006/12/10


Dowry Law Misuse : http://tinyurl.com/tdkx6 , http://tinyurl.com/v5vp8

Blogs :
More die due to exam failure than due to Dowry !!!
Majority of dowry cases are false: SP
HC cautions against the use of dowry law to settle scores
No maintenance for wife who can't prove cruelty: HC
Unmarried Female on pill, delivers a baby in toilet
Wife supposedly 'dead' in Bihar, man 'sights' her in Noida
Triple Talaq is a Legally valid form of Divorce - Madras HC
A failed marriage is not a crime however...
torture allegations are approx 6 times dowry DEATH FIRs !
Marriage cannot be dissolved at the drop of a hat: HC: Mubai
Husband says she had an affair, wife claims dowry harassment !!
.... and some case laws ...
Ramakrishna v. Priya Ganesan - Custody of Minor child
Irretrievable break down of marriage
vast difference between "could have been", "must have been" and "has been".



Sunday, June 08, 2008

Asha Bhosle leaves SD Burman`s wife at old age home



========== forwarded news ===========


Asha Bhosle leaves SD Burman`s wife at old age home

<http://www.zeenews.com/articles.asp?rep=2&aid=393832&sid=ENT&ssid=2>

Mumbai, Sept 09: Her lineage belies the secluded life she is leading now. Octogenarian Meera Deb Burman, the wife of legendary Bollywood music maestro Sachin Deb Burman, is passing unhappy days at an old age home in Mumbai.

Once an accomplished singer and dancer herself, Meera was shifted by SD Burman`s daughter-in-law Asha Bhosle to `Sharan`, an old age home for the rehabilitation of paraplegics in Mumbai`s Vashi area, about seven months ago, knowledgeable sources say.

`I shall die in the old age home. I will not go anywhere, although I am not happy here,` Meera, 84, was quoted as saying by her relative Shukla Dasgupta who recently visited her.

Dasgupta said : `She is a very sensitive woman. She does not want to leave the second floor room at Sharan. She is unable to express her desires and needs.`

SD Burman, born to the royal family of Tripura, first met Meera in 1937 at a music conference in Allahabad before marrying her. She was the granddaughter of Justice Roybahadur Kamalnath Dasgupta of Kolkata.

The couple had a son, R.D. Burman, who like his father, made a name for himself in Bollywood. But Meera lost her husband in 1975 and her son in 1994.

`She was shifted here by Asha Bhosle. Now two attendants take care of her as she is frail and cannot walk,` an official of Sharan said on telephone from Mumbai.

The Tripura government has decided to felicitate her at a function in `Sharan` Sep 15. Tripura`s Information and Cultural Affairs Minister Anil Sarkar will do the honours.

`The state government will celebrate the 101st birth anniversary of SD Burman on Oct 1 with a colourful function here and release a commemorative book on the music genius,` Tripura information director Subhash Das said.


=============== end of forwarded news ===================
 
regards, vinayak

My post above is Subject to
----------------------------
1. My idea of *self help* which is very essential : http://tinyurl.com/pxcfz
2. Standard disclaimers as in http://tinyurl.com/947u9
3. A short preamble : http://tinyurl.com/hatew

Seek advise : All India contact Nos : http://tinyurl.com/vntjz

All India contact Nos : alternate URL
http://www.blurty.com/users/vinayak/day/2006/12/10


Dowry Law Misuse : http://tinyurl.com/tdkx6 , http://tinyurl.com/v5vp8

Blogs :
More die due to exam failure than due to Dowry !!!
Majority of dowry cases are false: SP
HC cautions against the use of dowry law to settle scores
No maintenance for wife who can't prove cruelty: HC
Unmarried Female on pill, delivers a baby in toilet
Wife supposedly 'dead' in Bihar, man 'sights' her in Noida
Triple Talaq is a Legally valid form of Divorce - Madras HC
A failed marriage is not a crime however...
torture allegations are approx 6 times dowry DEATH FIRs !
Marriage cannot be dissolved at the drop of a hat: HC: Mubai
Husband says she had an affair, wife claims dowry harassment !!
.... and some case laws ...
Ramakrishna v. Priya Ganesan - Custody of Minor child
Irretrievable break down of marriage
vast difference between "could have been", "must have been" and "has been".



Saturday, June 07, 2008

'Girls Gone Wild' founder victimized by 'Judge Gone Wild'


Domestic Violence act started as a civil act in India, but men are loosing liberty (could get jailed) and also loosing their property under DV act. Similar case from USA

========== forwarded blog ============

http://lastfreevoice.wordpress.com/2008/03/16/girls-gone-wild-founder-victimized-by-judge-gone-wild/

Last Free Voice for truth, justice and the american way

'Girls Gone Wild' founder victimized by 'Judge Gone Wild'

Joe Francis / Girls Gone WildI am not a fan of "Girls Gone Wild". In fact, I almost vomit every night when I'm trying to watch South Park and Reno 911, since that's when most of those commercials seem to air.

The latest is "The Wildest Bar In America", and the commercial shows young women engaged in sex acts with one another, in public. If you purchase that one with a credit card (so they can automatically send you more in the future), you get "Finally 18? for free. The voiceover for the latter video says, "These girls have been waiting for their chance to go wild!"

I'm sorry, but after seeing that commercial - which shows young women masturbating on camera - I'd guess they went wild long before their 18th birthday.

The thought which always occurs to me when I see those commercials is, I'm glad it's not my daughter. I'm glad I don't even have a daughter, because then I don't have to worry about her getting sauced on Spring Break then going wild on camera. I cannot even imagine the horror of parents across this country when they realize their daughter has appeared in "Girls Gone Wild", and especially the parents of those girls who actually appear in the commercials.

However, as much as I hate "Girls Gone Wild", I feel that I must speak out against what happened to the man behind the videos.

Joe Francis, the founder of "Girls Gone Wild", has been in jail for the last year, and could not even post bail to get out. It all started when some parents accused him of filming their underage daughters. Francis claimed they had identification, so he had no way of knowing they were underage and thus he had done nothing wrong. I believe him. After all, he has filmed literally thousands of young women, has made untold millions from doing so, and I find it very hard to believe that he doesn't check identification. In fact, Francis apparently takes a lawyer with him, to make sure he doesn't do anything to get himself into trouble. The attorney checks IDs, and has the girls agree to participate both on video and in writing. The video statement is made so that no one can claim they were too drunk or otherwise unable to give consent. Joe Francis is much smarter than people expect him to be.

At any rate, Francis refused to negotiate in a civil suit brought by the parents of those girls, and he was thrown in jail for it.

When I first heard this I thought, surely that's not the real reason he's in jail. After all, it was a civil suit, not criminal charges. However, sure enough, that's exactly why he was in jail.

Then while he was in jail for not negotiating with parents trying to shake him down for a civil suit (let's be honest, once again, in saying that the "Girls Gone Wild" had actually gone wild long before they ever met Joe Francis) the IRS came a-knockin'. It appears that they claim Joe owes millions in unpaid taxes.

I'd hate to be Joe Francis, with all those problems.

This past week, he was finally released from jail after serving 11 months with no bail on the civil contempt charge (though the tax evasion charges are still pending, and he will go to trial on those charges at a later date) and faced a judge in Florida on criminal charges of child abuse and prostitution, related to filming the underage girls (for criminal charges, all that matters is that they were factually under 18). He struck a misdemeanor no contest plea, the judge gave him time served, no probation, no fine, he's free to go. The only condition was that "Girls Gone Wild" not film there again for three years. That shouldn't be a problem, given that girls are going wild all over this great nation of ours.

The problem I see with this, putting aside my personal feelings about his line of business, is that the man should never have been in jail over a civil suit in the first place. Here's the basic scenario: he got sued by angry parents whose daughters used fake IDS to claim they were of legal age, the judge told the parties to work out a settlement, he didn't want to work out a settlement because he thought he'd done nothing wrong since he was actually the one defrauded, so the judge threw him in jail for civil contempt. Personally, I think the judge showed his personal bias in the case, by throwing a man in jail simply because he preferred for a jury decide if he had done anything wrong. I think Francis is right, and I seriously doubt a civil jury would find against him, given all the safeguards he had taken against filming underage girls.

The problem with this is that, at the time he was originally incarcerated, no jury had ever determined that he had done anything wrong, civilly or criminally, and the criminal charges against him were not even close to being capital crimes, so he was entitled to bail. Frankly, I get the impression that they just didn't want him in their area, documenting the fact that their little girls are going wild.. Maybe one of the girls who went wild is the niece of a friend of a friend of the judge, who knows.

Overall, while I am definitely not a fan of "Girls Gone Wild", I am a fan of the Constitution, and under the Constitution, what happened to Joe Francis should never happen to anyone.

=============== end of blog forward==============
 
regards, vinayak

My post above is Subject to
----------------------------
1. My idea of *self help* which is very essential : http://tinyurl.com/pxcfz
2. Standard disclaimers as in http://tinyurl.com/947u9
3. A short preamble : http://tinyurl.com/hatew

Seek advise : All India contact Nos : http://tinyurl.com/vntjz

All India contact Nos : alternate URL
http://www.blurty.com/users/vinayak/day/2006/12/10


Dowry Law Misuse : http://tinyurl.com/tdkx6 , http://tinyurl.com/v5vp8

Blogs :
More die due to exam failure than due to Dowry !!!
Majority of dowry cases are false: SP
HC cautions against the use of dowry law to settle scores
No maintenance for wife who can't prove cruelty: HC
Unmarried Female on pill, delivers a baby in toilet
Wife supposedly 'dead' in Bihar, man 'sights' her in Noida
Triple Talaq is a Legally valid form of Divorce - Madras HC
A failed marriage is not a crime however...
torture allegations are approx 6 times dowry DEATH FIRs !
Marriage cannot be dissolved at the drop of a hat: HC: Mubai
Husband says she had an affair, wife claims dowry harassment !!
.... and some case laws ...
Ramakrishna v. Priya Ganesan - Custody of Minor child
Irretrievable break down of marriage
vast difference between "could have been", "must have been" and "has been".