Monthly Archives: June 2007

498A not only against husband but also against husband’s father, mother, brother, sister, etc.

Supreme court of India !!! :

“………..The appellant has also filed a maintenance petition against her husband. What can she possibly get by prosecuting him as well as his family members? 

The appellant filed the criminal case under Section 498A etc.  not only against her husband but also against her husband’s father, mother, brother, sister, etc.

In exercise of our discretionary jurisdiction under Article 136, we are not inclined to interfere with the impugned Judgment of the High Court quashing the criminal case filed by the appellant.

After all, the appellant will not get any benefit by sending her husband or his family members to jail.  She is pursuing her maintenance case, and if she is so advised she can also file a suit for damages, which if filed will be decided on its own merits. ….”

More at

appeal-crl-188-of-2007-n-suriyakala-v-a-mohandoss-ors.pdf

Appeal (civil) 5131 of 2006 – Lekha V P. Anil Kumar – Custody of Minor, child interviewed

Custody of Minor. Boy of 12 years. Child interviewed and the child wishes to be with the mother. Welfare of the child Paramount. Mother’s second marriage NOT important in deciding custody in this case.

Mother shall hand over the child to father during every mid summer vacation for about a month without adversely affecting the child’s education. Father to be provided sufficient access. Mother not to prevent father from giving gifts.

More at

 http://vinayak.files.wordpress.com/2007/06/appeal-civil-5131-of-2006-lekha-v-p-anil-kumar.pdf

Appeal (civil) 5779 of 2006 – Sujata Uday Patil Vs Uday Madhukar Patil. – maintenance and second marriage

Divorce. Maintenance to Son and wife. Wife earns Rs. 2000 p.m.. Husband supposed to earn Rs. Rs.8,423/. Difficulties in giving immovable property in lieu of maintenance. Divorce Granted. One time maintenance fixed at Rs. 8 Lakhs

Validity of Second marriage during pendancy of appeal over earlier divorce decree etc discussed.

More at

http://vinayak.files.wordpress.com/2007/06/appeal-civil-5779-of-2006-sujata-uday-patil-vs-uday-madhukar-patil.pdf

SANTA SHARMA vs SUSHIL SHARMA. SC of India. 16/02/2000

Wife abducts kid from US to India. Wife also claims that Husband is an alcoholic. One of the children is a girl aged 5.

India NOT a signatory to the Hague convention – either the 1900 convention or the latest “..Convention of 25 October 1980 on the Civil Aspects of International Child Abduction..”.

The convention can be found at http://www.hcch.net/index_en.php?act=conventions.text&cid=24

Signatories to 1980 convention http://www.hcch.net/index_en.php?act=conventions.status&cid=24 Court opines that one child is a five year old girl child and the two children cannot be separated from each other. Father’s habits also are discussed.

Wife gets custody.

More at

santa-sharma-v-sushil-sharma-custody-of-children.pdf

IAS officer’s wife wages RTI battle – can our mothers, sisters do the same ?

IAS officer’s wife wages RTI battle

Shweta Ganesh Kumar

CNN-IBN

Posted Sunday , June 24, 2007 at 17:14
Updated Sunday , June 24, 2007 at 17:35

Jayashree insists the website is more than a way of showing her support to her husband.


PROTESTING ON THE WEB: Jayashree insists the website is more than a way of showing her support to her husband.

Bangalore: An IAS officer and his wife are fighting back against corruption, demanding their Right To Information after six transfers this year.

Six transfers in as many months; IAS officer M N Vijaykumar has been through hell. And all the while his wife Jayashree stood with him. She even opened a website to expose the corrupt practices within the Karnataka Government. Their efforts prompted the Lok Ayukta to order the chief secretary to respond to Vijayakumar‘s application under the Right to Information Act by June 27.

Vijayakumar had asked for reasons behind his frequent transfers. The reply is yet to come, but he has got another letter from chief secretary P B Mahishi. The government has asked him to close the website run by his wife, and hints at legal action if he doesn’t fall in line.

“They are questioning why I’ve opened a website? They say I’ve done it on the behest of my husband. They are ignoring my entity. They said I cannot do anything till I disassociate from my husband,” says Jayashree, Vijaykumar‘s wife, who opened ‘Fight Corruption’, the website to wage her husband’s battle.

Jayashree approached the women’s commission which has directed the chief secretary to appear for a hearing on Monday. When contacted, Mahishi refused to comment on the issue. Jayashree, on her part, insists that the website is more than a way of showing her support to her husband.

“Our focus is in bringing good governance to Karnataka. We are fighting to that end,” insists Jayashree.

The RTI Act was instituted to ensure the common man’s right to information. But when it’s the very right that is questioned, then there’s scant little that the common man can do.

http://www.ibnlive.com/news/ias-officers-wife-wages-rti-battle/43517-3.html

“…The wife did not teach the husband how to win. …”

“…The wife did not teach the husband how to swing a golf club. The wife did not teach the husband how to win. The golf swing and the success as a professional golfer which the husband brought into this marriage opened commercial doors during the course of this marriage which would otherwise not have been available…..”

Wife takes $100m bite out of golf’s Great White Shark

By Stephen Foley in New York

Published: 25 June 2007

 

He may be the one nicknamed the Great White Shark, but it is Greg Norman’s wife who has proved to possess the sharpest teeth in the couple’s acrimonious divorce battle, biting a $100m (£50m) chunk out of the golfing legend’s fortune.

After a bitter one-year battle, the two-times Open Championship winner agreed to the settlement – one of sport’s largest – to spare his new girlfriend, the tennis star Chris Evert, an embarrassing appearance in a Florida courtroom.

Norman has been fighting for 12 months to resist demands that he split his $300m fortune equally with his wife of 25 years. But that all changed when lawyers for Laura Norman threatened to drag Evert into proceedings, demanding to see details of gifts the Wimbledon winner was given by Mr Norman and details of trips she took in his private jet. Evert had been a friend and neighbour of the Normans in Florida, and she has been publicly stepping out with the golfer since her own divorce last year. On a trip to his native Australia, where he is surveying an outpost of his real estate-to-clothing business empire, Norman tried to appear philosophical. “Nobody likes to go through what I’ve gone through, but that’s life and it’s over,” he said. “The terms have been agreed to; let’s move on.”

His assets had included a $35m mansion called Tranquillity in Florida’s celebrity haven, Jupiter Island, a personal jet, a helicopter and a 230ft yacht, as well as business interests that include designing golf courses, golf-themed gated communities for the well-to-do, vineyards and a popular sports clothing range.

Mrs Norman said she had been instrumental in helping her husband leverage his fame on the golf course in these other successful business ventures, serving on the boards of his companies until just last year, giving her a claim to over half his assets. At the same time, she brought up the couple’s two children, Morgan-Leigh, 24, and Gregory, 20. But in legal papers Norman dismissed his wife’s contribution to his fortune, in terms that appeared calculatedly scathing. “The wife did not teach the husband how to swing a golf club. The wife did not teach the husband how to win. The golf swing and the success as a professional golfer which the husband brought into this marriage opened commercial doors during the course of this marriage which would otherwise not have been available.”

What at first looked to be an amicable divorce turned nasty after pictures of Norman and Ms Evert holding hands appeared in newspapers. Gossip columnists in Australia and the US had been salivating at the prospect of a courtroom showdown between the Normans, where many of their friends were to have appeared to discuss the breakdown of their marriage.

Mrs Norman was in court in Stuart, Florida, to hear the settlement being approved, after which she donned her Chanel sunglasses and hit the shops with a friend. Although a minor tax issue – about who must repay write-offs from aeroplanes the couple have owned through their marriage – will have to be settled by a trial in September, Mrs Norman was said to be relieved. Her lawyer, Jack Scarola, added: “She’s very appreciative of the fact she has had a great deal of support from the public.”

Last year, Evert divorced the downhill ski champion Andy Mill, whom she had married in 1988, paying a reputed $7m. They have three adolescent boys.

She had been told to bring letters, gift receipts and other details of her relationship with Norman to a meeting with Mrs Norman’s lawyers, a meeting she will be spared. At her partner’s side, Ms Evert said: “I’m very happy the settlement has come through and we can get on with our lives.”
http://news.independent.co.uk/world/americas/article2705306.ece

Girl files for relief under Domestic Violence Act. Blames politicians !

Girl files for relief under Domestic Violence Act

BY HERALD REPORTER


PANJIM, JUNE 22 —
She has the guts to fight not just her conservative-minded parents but to take on RSS activists and Mandrem MLA Laxmikant Parsekar — all who have been deciding what her future should be. Nineteen-year-old Sweta Parsekar of Parsem, Pernem — fighting for her freedom has filed for relief under the Protection of Women from Domestic Violence Act.


Addressing a press conference here on Friday here, an undaunted Shweta even as she was bombarded with volley of questions by press persons — narrated her story on how her parents supported by neighbours and RSS activists have been forcing her to give up her job.


She worked in Mapusa at a shop dealing in mobile phones. Her parents however, started objecting to her job, demanding that she should give up the job, she said.


Determined to continue working, she refused to bow down and things came to such a state she had to bear with assault by family members.


Coming before press today she said, “I want to work — want my freedom and don’t want the course of my life to be dictated by RSS activists.” In a written complaint to Goa State Women Commission, she has given detailed account of her harassment by parents as well how her friends who have tried to help her out were beaten up by people from her neighbournood and saffron elements. They were beaten and given to the police under the pretext that they belong to Believers group.


Currently leaving on her own in Margao (according to her account, she was thrown out by the family) she in no uncertain words told media that RSS followers and even MLA Parsekar who tried to give her lessons on morality, Indian culture and how Indian women should behave, have to pay attention to other pressing issues indeed threatening Indian culture.


“Why haven’t they been able to stop rave parties happening on Goan beaches particularly in Pernem taluka’s coastline? Why can’t they stop drug flow or fight against it,” she asked at a press conference, making it clear that they should keep out of her way and that she knows what is good and what is bad for her. She also fears for her life to go back to her parents.