Author Archives: vinayak

About vinayak

Father of a lovely daughter, criminal in the eyes of a wife, son of an elderly mother, old timer who hasn't given up, Male, activist

In Kerala husband can be imprisoned one month for each month default in payment of maintenance u.sec 125 CrPC !! meaning he can be imprisoned for years if he is a poor fella !!! or if he looses his job due to imprisonment !!! Kerala HC Gem !! Imprisonment also does NOT mean he will be absolved, relieved of dues; he has to pay when he is out

husband can be imprisoned one month for each month default in payment of maintenance under sec 125 CrPC !! meaning he can be imprisoned for years if he is a poor fella !!! or if he looses his job due to imprisonment !!! Kerala HC Gem !! Imprisonment also does NOT mean he will be absolved, relieved of dues; he has to pay when he is out

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF – Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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Kerala High Court

Revision Petitioners vs State ( By Adv. Sri.Vijai Mathews )

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC &

THE HONOURABLE MR. JUSTICE P.D.RAJAN

MONDAY, THE 18TH DAY OF NOVEMBER 2013/27TH KARTHIKA, 1935

RPFC.No. 34 of 2010 ( )

FW from Lawyers club India : Any help for this hubby ? His abla nari muslim wife , EX-DIVORCEE filed FAKE 498a on SECOND husband as well , meaning one case on first and second case on second husband !!!

>>> FW from Lawyers club India : Any help for this hubby ? His abla nari muslim wife , EX-DIVORCEE filed FAKE 498a on SECOND husband as well , meaning one case on first and second case on second husband !!!>>>

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being a muslim my second wife married me without taking legal divorce from her previous husband.

498a is under trial with her previous husband by now

after marriage with me she booked me under 498a .it means one 498a on me and one 498a on previous husband at one
time.

498a on me was resulted in final report by io and accepted by honourable court .498a on preavious husband is under trial by
now.

i gave her Talak looking her original color in a simple paper with her signature and thumb impression .

and i allow her to reside in my home for coming four months.

after four months i said her to evict my house but she clearly denied to vaccate my house

i filled eviction suit in civil courtand another case for void and annulment against her in family court in ____Month 1 ____

notice of both two cases was recieved by her on ___2013____ (month 1)

she came in very anger and started Tamasha and nangapan at my work place

on 3rd day of ___(month2) she gave complainant against me and my family in Mahila Police station for false dowry demanding .date 26th ____ (month 2) was fixed for mediation but she did not wait for fixed date 26th _____ (month 2)

on her complainant on dated 10th (month 2) police of another thana booked me and my family N.C.R under section 504,506 ipc with simple injuries.

but on dated 17th (month 2) she got order from court under (155)2 crpc for converting that N.C.R under section 323,498a ,3\4
and 316 ,452 ipc

her Tamasha at my work place is continue by now

on dated 3rd __month__3___she gave me threat on my phone to kill me if i do not transfer my house in her name . i recorded her voice giving threat to kill me .and gave this call recording to police along with complaint

on my complainant on dated 3rd __month__3___ 2014 police booked her in a case of 323,386,504,506 ipc

but due to her political approach police did nothing .male io are afraid with her and denying to investigation

once again she made fool to court

on 8th january she filled another false case against me through (156)3 crpc under section 420,467,468,471,382 ipc claiming
that " the signature and thumb imppression on a simple paper of talak was not her " how ever the signature and thumb
impression are only her not forged by me

argument for (156)3 is fixed on dated ____ (mont 3) 2014 for above mentioned ipc section

my question is

being her original sign and thumb impression on the paper of Talak how should i convince to court that not to passed any
order against me for false complaint because her sign and thumb impression are original not forged ?

under what section of crpc or evidence act should i move application in the court to match her sign or thumb impression for
showing her false statement ?

being an accused in this case am i entitled to move any application in court to match her sign or thumb impression at the
stage of (156)3 crpc being an inter locutory order ?

if there are citation please please provide

one important great great digree of this false wife

she herself her father her mother her brother are accused of an another case of 420,467,468,471,120b in 2010 charge sheet
has been filled against all of them and this time they all are on bail from high court allahabad after six months in jail

Link
http://www.lawyersclubindia.com/forum/details.asp?mod_id=84890&offset=10#.UuTu17Rfpki

please scroll down to see post

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FOLLOW http://twitter.com/ATMwithDick on twitter or http://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/ FOR 100s of high court and supreme court cases

regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

Major daughters (i.e.) above 18 not entitled to maintenance u.s 125 Crpc. Husband obtained ex parte RCR against wife, he did NOT execute it so wife IS entitled to maintenance u.s 125 Crpc . The honourable court ENHANCES wfe’s maintenance !! even though she did NOT appear for the case

Major daughters (i.e.) above 18 not entitled to maintenance u.s 125 Crpc. Husband obtained ex parte RCR against wife, he did NOT execute it so wife IS entitled to maintenance u.s 125 Crpc . The honourable court ENHANCES wfe’s maintenance !! even though she did NOT appear for the case

If minor daughters want to claim maintenance allowance from their father even after attaining majority, then they can approach Civil Court for this purpose !!!

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF – Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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Amod Kumar Srivastava vs State Of U.P. And Ors. on 23 May, 2008

Amod Kumar Srivastava vs State Of U.P. And Ors. on 23/5/2008

JUDGMENT

Vijay Kumar Verma, J.

1. "Whether a unmarried daughter who has attained majority, but unable to maintain herself and a wife, who wilfully disobeys the directions given by the court in the decree for the restitution of conjugal rights, can claim maintenance allowance under the provisions of Section 125 of the Code of Criminal Procedure 1973 (in short ‘the Cr.P.C.’) are the main questions that fall for consideration in these revisions.

2. Challenge in both these revisions is to the judgement and order dated 24.06.2006 passed by the Family Court Varanasi in Case No. 12 of 2002 Smt. Neelam Srivastava v. Sri Amod Kumar Srivastava, whereby allowing the application under Section 125 Cr.P.C., maintenance allowance @ Rs. 2500/- per month to Smt. Neelam Srivastava and Rs. 2000/- per month to both the daughters namely Km. Bhavya and Km. Divya (opposite parties No. 3 and 4 in Crl. Revision No. 4400 of 2006) has been granted from the date of order. Smt. Neelam Srivastava has prayed in Criminal Revision No. 5598 of 2006 to enhance and grant maintenance allowance from the date of application under Section 125 Cr.P.C.

3. Shorn of unnecessary details, the facts leading to the filing of these revisions, as emerging from the record, in brief, are that marriage of Sri Amod Kukmar Srivastava and Smt. Neelam Srivastava took place according to the Hindu rites and rituals in the year 1981. Out of the wedlock, the couple was blessed with two daughters namely Km. Bhavya and Km. Divya. Unfortunately their marriage could not succeed. Ultimately, Smt. Neelam Srivastava had to resort to the provisions of Section 125 Cr.P.C. and she filed an application for maintenance against her husband Sri Amod Kumar Srivastava on 12.03.1986 in the court of Munsif Magistrate Varanasi. The case remained pending for a considerable long period and ultimately the application under Section 125 Cr.P.C. was allowed vide impugned order dated 24.06.2006 passed by the Family Court Varanasi, whereby the maintenance allowance as mentioned in para (2) above has been granted from the date of order. Hence these revisions. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

4. When the revisions were called for hearing on revising the list, none appeared for Smt. Neelam Srivastava and her daughters Km. Bhavya and Km. Divya. Hence arguments of Sri Sameer Jain Advocate, learned Counsel appearing for Sri Amod Kumar Srivastava in both revisions and learned AGA for the State were heard.

5. Two contentions were raised by the learned Counsel for the revisionist Amod Kumar Srivastava. The first contention was that both the daughters namely Km. Bhavya and Km. Divya had attained majority prior to the passing of impugned judgment and hence they are not entitled now to get any maintenance under the provisions of Section 125 Cr.P.C. It was also submitted in this regard that the elder daughter Km. Bhavya has married on 13.05.2007 and on this ground also she is not entitled to get any maintenance from her father. In support of this first contention, the learned Counsel for the revisionist in Crl. Revision No. 4400 of 2006 has placed reliance on the following cases: http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

(1) Moideenkutty v. Pathumma and Ors. 1984 (2) (Kerala) 355.

(2) Kum. L. Usharani and Ors. v. D.S. Lakshmaiah 1993 Cri. L.J. 982 and

(3) T.P.S. Selva Saroja v. T.P.S.H. Sasinathana 1989 Crl. L.J. 2032

6. The second contention of Sri Sameer Jain was that a decree for the restitution of conjugal rights was passed against Smt. Neelam Srivastava on 17.04.1986 in suit No. 54 of 1986 by Civil Judge Jaunpur and since that decree has not been complied with by her and she did not come to live with her husband Sri Amod Kumar Srivastava, hence on this ground, she is disentitled to get any maintenance allowance from her husband. In support of this contention Sri Jain has placed reliance on the following cases:

(1) Harish Mansukhlal v. Hansagauri Ramshanker and Anr. 1982 CRL.L.J. 2033.

(2) In the matter of : Rabindra Nath Roy 1995 CRL.L.J.1187.

(3) Balram Dash v. Smt. Gitanjali Dash and Ors. 2000 Crl. L.J. 4175

7. The learned AGA on the other hand has supported the impugned judgement contending that the learned lower court has not committed any illegality in granting maintenance allowance to the wife and daughters of Sri Amod Kumar Srivastava.

8. Having given my thoughtful consideration to the rival submissions made by the parties’ counsel, I agree with the first contention only of the learned Counsel for Sri Amod Kumar Srivastava. His first contention that on attaining majority a child (not being a married daughter) is not entitled to get maintenance allowance under the provisions of Section 125 Cr. P.C. unless on account of any physical or mental abnormality or injury, such child is unable to maintain itself, has got force and must be accepted. Before coming to the facts of instant case, it would be useful to reproduce the provisions of claiming maintenance allowance under the old and new Cr.P.C. Section 488 of old Cr.P.C., which was corresponding to Section 125 of new Cr.P.C. reads as under: http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

488(1) If any person having sufficient means, neglects or refuses to maintain his wife or his legitimate or illegitimate child unable to maintain, itself, the District Magistrate, a Presidency Magistrate, a Sub-Divisional Magistrate or a Magistrate of the Ist Class, may, upon proof of such neglect or refusal order such person to make a monthly allowance for the maintenance of his wife or such child, at such monthly rate, not exceeding Rs. 500/- in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate from time to time directs.

Relevant part of Section 125(1) of new Cr.P.C. after amendment in the year 2001 reads as hereunder:

125(1) Order for maintenance of wives, children and parents:- (1) If any person having sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

(c) his legitimate or illegitimate child(not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may; upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother at such monthly rate as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct:

9. Basing on the difference of wordings in Section 488 and 125 of old and new Cr.P.C., Sri Samir Jain submitted that in instant case, both the daughters are not entitled to get maintenance allowance from their father under the provisions of Section 125 Cr.P.C. after attaining majority, because there is nothing on record to show that after attaining majority they are unable to maintain themselves by reason of any physical or mental abnormality or injury. I entirely agree with this submission. Admittedly both the daughters namely Km. Divya and Km. Bhavya have attained majority. Annexure No. 1 to the accompanying affidavit in criminal revision No. 4400 of 2006 is the copy of the application under Section 125 Cr.P.C., which was filed by Smt. Neelam Srivastava against her husband Amod Kumar Srivastava. According to para 6 of this application, the first daughter of the couple was born on 14.09.1982 and the second daughter was born on 14.06.1984. The impugned order granting maintenance allowance to the daughters and their mother Smt. Neelam Srivastava was passed by the Family Court, Varanasi on 24.06.2006. Much prior to the passing of impugned order, both the daughters had attained majority. Therefore, having regard to the provisions of Section 125 (1) (c) Cr.P.C., both the daughters were not entitled to get any maintenance allowance after attaining majority, because under Section 125 (1) (c) Cr.P.C., the inability to maintain itself must be by reason of any physical or mental abnormality or injury in the case of child (not being a married daughter) who has attained majority. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

10. The matter of granting maintenance allowance under the provisions of Section 125 Cr.P.C. to the unmarried daughter who attained majority came up for consideration before Madras High Court in the case of T.P.S.H. Selva Saroja v. T.P.S. H. Sasinathana 1989 Cri L.J. 2032. After considering the provisions of Section 488 of old Cr.P.C. and Section 125 of new Cr.P.C., it is observed as under in para 10 of the judgement at page 2035:

It is, therefore, seen that the Act makes it clear that any child, who has attained majority, is not automatically entitled to claim maintenance, even if he is unable to maintain himself, as was the case in the old Code but inability to maintain should arise out of physical or mental abnormality or injury. In the past as well as in the present, the limitation is the inability to maintain itself. This inability to maintain in the case of a major must be by reason of any physical or mental abnormality or injury. A mere physical or mental abnormality or a mere injury, which does not make the child unable to maintain itself will not be covered under Section 125(1) (c) of the Code.

11. This matter was considered by Karnatka High Court also in the case of Kum. L. Usharani and Ors. v. D.S. Lakshmaiah 1993 Cri L.J. 982. In that case also, provisions of Section 488 and 125 of the old and new Cr.P.C. were considered and it was held that "it may be noticed that the Parliament in its wisdom has enabled only a minor child whether legitimate or illegitimate to claim maintenance under Section 125(1)(b) and only one exception has been made by enacting Sub-section (c)which enables the child which has attained majority to claim maintenance. That is a case where the child by reason of any physical or mental abnormality or injury is unable to maintain itself."

12. In the case of Moideenkuttty v. Pathumma and Ors. 1984 (2) Crimes 355, Kerela High Court has also taken the similar view. The following observations made in para 5 and 6 of the judgement at page 356 of the report are worth mentioning:

5. The liability to maintain a child who has attained majority arise only (a) if that child is not a married daughter and (b) if it is unable to maintain itself on account of (i) physical or mental abnormality or (ii) injury.

6. The Act, therefore, makes it clear that any child who has attained majority is not automatically entitled to claim maintenance even if he is unable to maintain himself as was the case under the old Code. The inability to maintain himself should arise out of physical or mental abnormality or injury. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

13. Keeping in view the law laid down in above mentioned cases, the impugned judgement granting maintenance allowance to Km. Bhavya and Km. Divya even after their attaining majority cannot be sustained, because as stated earlier also, both these daughters had attained majority much prior to the date of passing the impugned order and since their inability to maintain themselves cannot be attributed to any physical or mental abnormality or injury within the meaning of Section 125(1) (c) Cr.P.C., hence, they had become dis-entitled to get maintenance allowance from their father after attaining majority under the provisions of Section 125 Cr.P.C. If they want to claim maintenance allowance from their father even after attaining majority, then they can approach Civil Court for this purpose.

14. So far as the claim of Smt. Neelam Srivastava to get maintenance allowance from her husband is concerned, I do not find any illegality in the finding recorded by the court below on this issue in the impugned order. The Family Court Varanasi has recorded a finding of fact that Smt. Neelam Srivastava is unable to maintain herself and her husband Amod Kumar Srivastava has neglected to maintain her. This finding of fact can not be disturbed by this Court in its revisional jurisdiction, because the said finding does not suffer from any error of fact or law and this finding has been arrived at by the learned court below after proper appreciation of the evidence adduced by the parties, re-appreciation whereof is not possible by this Court in revisional jurisdiction.

15. Now the important question that arises for consideration is as to whether on the basis of the decree for the restitution of conjugal rights passed on 17.04.1986 by the Civil Judge Jaunpur in suit No. 54 of 1986 against Smt. Neelam Srivastava, she is not entitled to get maintenance allowance from her husband. Un-disputedly the said decree of the restitution of conjugal rights was passed ex-parte against Smt. Neelam Srivastava. It is also not disputed that the aforesaid decree was never put into execution by Sri Amod Kumar Srivastava. There is nothing on record to show that after obtaining aforesaid ex-parte decree, intimation thereof was given to Smt. Neelam Srivastava by her husband or any other person on his behalf for making its compliance. It was open to Sri Amod Kumar Srivastava to put that decree in execution under the provisions of Order 21 Rule 32 of the Code of Civil Procedure (in short ‘the C.P.C.’), but the said decree was not got executed by him as provided in Order 21 Rule 32 C.P.C. Therefore, in my considered opinion, Smt. Neelam Srivastava has not become dis-entitled to get maintenance allowance from her husband due to non-compliance of aforesaid ex-parte decree for the restitution of conjugal rights. From the record it is revealed that the revisionist Amod Kumar Srivastava had filed suit No. 145 of 1986 for divorce against her wife under Section 13 of Hindu Marriage Act in the Family Court Varanasi. Annexure 2 is the certified copy of the petition for divorce. During the course of that divorce petition, the parties had settled their dispute and on that basis, the divorce petition was dismissed vide order dated 08.01.1998, in which an order was passed by the Family Court that it is expected that the parties will start to live together as husband and wife after seven days. It has come in the statement of Sri Amod Kumar Srivastava that after that order, he did not go to his sasural to bring her wife to his house. It shows that Sri Amod Kumar Srivastava was not interested to live with his wife Smt. Neelam Srivastava and it was for this reason that he did not show any desire to bring her to his house to live with him after aforesaid order of Family Court. Therefore, having regard to the reasons mentioned herein-above, ex-parte decree obtained by Sri Amod Kumar Srivastava for the restitution of conjugal rights from the court of Civil Judge Jaunpur in suit No. 54 of 1986 has no effect in this case on the rights of Smt. Neelam Srivastava to get maintenance allowance from her husband Sri Amod Kumar Srivastava. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

16. Although, as stated herein-above, Smt. Neelam Srivastava is entitled to get maintenance allowance from her husband notwithstanding that ex-parte decree for the restitution of conjugal right is in existence against her, but in view the law laid down in the cases of Harish Mansukhlal v. Hansagauri Ramshanker, In the matter of : Rabindra Nath Roy and Balram Dash v. Smt. Gitanjali Dash (supra), on principle, I agree with the contention of Sri Sameer Jain Advocate that if a decree for the restitution of conjugal rights is passed against the wife and having knowledge thereof she wilfully disobeys the directions given by the court in the decree, then she is not entitled to get any maintenance allowance from her husband. This matter was considered by the Bombay High Court in the year 1920 in the case of Bai Parbati v. Chanchi Mansukh Jetha AIR 1920 Bom 203. In that case there was a decree for the restitution of conjugal rights in favour of the husband. The wife did not comply with the said decree. The Hon’ble Macleod, C.J. who decided the matter, observed that:

In my opinion a decree for the restitution of conjugal rights is a relic from the barbarous and middle ages. It is recognised, and has been recognised for many years in England, that a decree for restitution of conjugal rights is merely a preliminary step to enable a wife to get a divorce when she would not otherwise be able to do so, since the refusal of the husband to obey a decree for restitution of conjugal rights is considered as desertion, and desertion equivalent to cruelty, and therefore, such desertion, coupled with adultery, will be sufficient to enable a wife to get a decree for divorce. That is the only use to which proceedings for restitution of conjugal rights are now put in England. In this country they may be used by the husband as a means for preventing the wife from claiming maintenance, since, if the Court passes an order against a wife to go and live with her husband, and she refuses to do so, then she is debarred herself from making any claim to maintenance. For a wife is only entitled to separate maintenance if she has some good reasons for living apart from her husband.

17. The Calcutta High Court also considered this matter in the matter of Rabindra Nath Roy 1995 Cri.L.J. 1187 in which following observations have been made in para 3 of the judgement

Normally the finding of a competent Civil Court on a relevant issue is binding upon the Magistrate and,therefore, there cannot be any manner of doubt that at least during the subsistence of marriage, a husband can successfully resist the claim of his wife for maintenance on the ground that he has obtained a decree for restitution of conjugal rights on the ground of desertion. On the basis of such a decree the learned Magistrate is bound to hold that the wife without any sufficient reason has refused to live with her husband and the application claiming maintenance is liable to be lost. Looking to the provisions of the Section 125(4) Code of Criminal Procedure.

18. Similarily in the case of Balram Das v. Smt. Gitanjali Dash and Ors. 2000 Cri. L.J.4175 (supra), the Orisa High Court has observed that:

When a decree for restitution of conjugal right has been passed against the wife it can be held prima facie that refusal of the wife to comply with the direction regarding restitution amounts to refusal to live with the husband without sufficient reason.

It is further held as under:

In view of the fact that the decree for restitution of conjugal right has not been complied with by the wife, prima facie, it must be taken that the wife has refused to live with her husband without sufficient reason and is disentitled to claim maintenance. In such view of the matter, the order of interim maintenance in favour of the wife cannot be sustained.

19. This Court also considered the effect of the decree for the restitution of conjugal rights to claim maintenance under the provisions of Section 125 Cr.P.C. in the case of Smt. Mahtaqb Begum v. Ansar Ahmad 1986 ALL.L.J.1096. The following observations made in para 9 of the judgment at page 1100 are worth mentioning:

Where the claim for the restitution succeeds and that too finally upon the finding that the wife has had no reasonable ground to live away from the spouse, it would be incongruous if the courts were to grant maintenance to the former in the same breath. The remedy by way of restitution of conjugal rights is based on the theory that husband and wife are entitled to the society of each other, it follows from the very nature of the matrimonial relation that they must be so entitled.

20. Now I come to Crl. Revision No. 5598 of 2006, which has been preferred by Smt. Neelam Srivastava against her husband to enhance and grant maintenance allowance from the date of the application under Section 125 Cr.P.C. From the evidence adduced in Family Court Varanasi in the proceeding under Section 125 Cr.P.C., this fact is borne out that gross salary of Sri Amod Kumar Srivastava is more than Rs. 20,000/- per month and he is getting Rs. 12,000/- per month as net salary after deductions in G.P. Fund etc. The salary of Sri Amod Kumar Srivastava will be increasing from time to time. He is living alone and has no liability to maintain any other person. The prices of all the essential commodities are increasing day by day. Sri Amod Kumar Srivastava is a grade-I officer in New India Assurance Co. Ltd. He is income tax payee. Therefore, having regard to the social status of the parties and monthly income of Sri Amod Kumar Srivastava, his wife Smt. Neelam Srivastava also is entitled to live with dignity and comfort according to the status of her husband. Rs. 2000/- per month was granted as maintenance to both the daughters vide impugned judgment and that amount also was being paid to their mother Smt. Neelam Srivastava with their consent. In view of the findings recorded herein-above, this amount will not be paid now to the daughters. Therefore, keeping all these facts in view, the maintenance allowance granted to Smt. Neelam Srivastava vide impugned judgment should be enhanced and it would be just and proper, if Rs. 4000/- per month are granted to her as maintenance allowance. For the reasons assigned in the impugned judgment by the court below for granting maintenance allowance from the date of order, no interference is warranted by this Court in the finding on this matter, as the said finding is neither illegal nor unjustified.

21. Consequently, both the Revisions are partly allowed. The impugned judgment and order dated 24.06.2006 is modified to the extent that Smt. Neelam Srivastava will get Rs. 4000/- per month as maintenance allowance from her husband Amod Kumar Srivastava from the date of impugned judgement, but Km. Bhavya and Km. Divya (opposite parties No. 3 and 4 in Crl. Revision No. 4400 of 2006) are not entitled to get any maintenance allowance under the provisions of Section 125 Cr.P.C. from the date of their attaining majority.

Three months time is granted to Sri Amod Kumar Srivastava to make payment of the entire arrear of maintenance allowance, as modified by this judgment, after making adjustment of the maintenance allowance paid to Smt. Neelam Srivastava on behalf of both the daughters after attaining their majority. In further the payment of maintenance allowance will be made by 10th day of each month through the court or by Bank Draft in the name of Smt. Neelam Srivastava.

The Office is directed to send copy of this judgement to the Family Court Varanasi for further necessary action.

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FOLLOW http://twitter.com/ATMwithDick on twitter or http://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/ FOR 100s of high court and supreme court cases

regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

Rahul said “… 50% of India is women so we need to EMPOWER WOMEN to be a superpower ..”, SOON BJP WILL BE SIGNING the same tune WOMEN … GIRLS..WOMEN ……and NO ONE will talk of the OTHER 50% , i.e. the MEN !!!!

Rahul said "… 50% of India is women so we need to EMPOWER WOMEN to be a superpower ..", SOON BJP WILL BE SIGNING the same tune WOMEN … GIRLS..WOMEN ……and NO ONE will talk of the OTHER 50% , i.e. the MEN !!!!

India can’t be superpower without empowering women, youth: Rahul Gandhi

By PTI | 24 Jan, 2014, 06.02PM IST

SEVAGRAM (MAHARASHTA): Seeking to reinvigorate the Congress ahead of a difficult general election, party’s chief campaigner Rahul Gandhi today pitched for empowering women, local bodies representatives and youth, saying India cannot become a superpower without that.

Gandhi, who has launched an initiative to elicit the views of a cross section of people for inputs to draft Congress manifesto, was interacting with party’s local body representatives, pradhans, NGOs and bureaucrats at th ..

Read more at: http://economictimes.indiatimes.com/articleshow/29309379.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

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FOLLOW http://twitter.com/ATMwithDick on twitter or http://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/ FOR 100s of high court and supreme court cases

regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

whaaat ? conviction rate has dropped ? NO !! the FALSE CASE RATE HAS DOUBLED , and that’s why conviction is half !! & In 2012, 84.6% of a total of 9 million cases had not gone to trial, while charge-sheeting rate has remained constant at around 80% from 2002 to 2012.

whaaat ? conviction rate has dropped ? NO !! the FALSE CASE RATE HAS DOUBLED , and that’s why conviction is half !! & In 2012, 84.6% of a total of 9 million cases had not gone to trial, while charge-sheeting rate has remained constant at around 80% from 2002 to 2012.

Conviction rate dips to almost half in 40 years

Deeptiman Tiwary,TNN | Jan 14, 2014, 04.16 AM IST

NEW DELHI: Given the abysmally poor conviction rate in serious cases of crime, the recent Supreme Court order to formulate a procedure for taking action against erring investigating or prosecuting officials for acquittals could spell trouble for almost the entire system.

According to National Crime Records Bureau data, in the past four decades, the rate of conviction in crimes committed under Indian Penal Code (IPC) has dropped miserably. From 62.7% in 1972, conviction rate in IPC crimes has dropped to 38.5% in 2012.

Data shows the courts too have become increasingly sluggish in the past 40 years with the ratio of cases tried to those committed for trial dropping from 30.9% to 13.4%, resulting in massive pendency. In 2012, 84.6% of a total of 93,28,085 cases had not gone to trial.

To make matters worse, in serious crimes such as murder, rape and robbery conviction rates are far lower than the national average for all IPC crimes (38.5%). While for murder conviction rate stands at 35.6%, for rape it is 24.2% even as only 28.6% of robbery cases end in conviction.

And if SC orders are followed and implemented, investigating and prosecuting officers of states such as Maharashtra, West Bengal and Odisha are in trouble. Conviction rates in all these states hovers merely at around 10%. In violent crimes such as murder and rape, Andhra Pradesh, Gujarat, West Bengal, Odisha, Jammu and Kashmir and Maharashtra have the worst record (if only big states with significant population are taken into account). In all these states, conviction rate for murder hovers in the range of 19-27%, while for rape it is between 7.5% and 21.3%.

Police sources say the problem is far greater than the inadequacies of investigating and prosecuting officers, and correcting it would take an overhauling of the entire criminal justice system. "If there is corruption in police, lower judiciary is no exception. Also, we need far greater number of policemen and courts to address this problem. No one is ready to address the issue of police reforms which talks about separating investigation wings from law and order units apart from other significant changes which could have an impact on conviction rates," said a senior police officer on condition of anonymity.

The NCRB data only emphasizes the urgency of addressing the issue of police reforms given that at the end of 2012, there were still 8,45,495 cases pending investigation by the police despite a disposal rate of 73.8% while dealing with 32,43,783 cases accumulated over the years. In fact, in the past decade, little has changed in terms of police charge-sheets. The charge-sheeting rate has remained constant at around 80% from 2002 to 2012.

*****************

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regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

Forwarded !! My wife wants sex all the time! She refuses to do any work , either inside or outside home , I am also managing the servants and the family breadwinner !! Pleas Help !!! Please help

Forwarded ! My wife wants sex all the time! She refuses to do any work , either inside or outside home , I am also managing the servants and the family breadwinner !! Pleas Help !!! Please help

Dec 26, 2013, 12.00AM IST spacer.gif
Times of india
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My wife wants sex all the time! Help (Getty Images)
Question: I am a 42-year-old man, well educated and city bred. I have been married for two years. My wife is 21-years-old from a small town and not well educated. As this was an arranged marriage between old family friends, I didn’t mind. My wife wants sex all the time, and at least 3-4 times daily, apart from the night. At times I have woken up from sleep to find her on top of me. She is not interested in working, either outside or inside the house. I have been managing the servants too. All day she is busy chatting with the neighbours and once when I overheard her, it was again all about sex. Is this normal behaviour? It is definitely not what I had expected. So much of over-indulgence only in sex may be okay now, but what will happen 5-10 years down the line if she has no other interests?
- ABC

Answer: I don’t think anyone has ever been able to quantify what a ‘normal’ sex drive is or what should be considered the normal frequency of lovemaking. So, probably anything goes, as long as it does not interfere with the rest of your life. In your particular case, the huge age gap is responsible to a large extent for the difference in perceptions regarding sex. And if you are managing to keep up the pace with your young wife, why then, you must surely be congratulated.

Even though there is a part of you that is rationalising the entire thing. Obviously, the flesh is willing even though the spirit is not! Meanwhile, instead of condemning this attitude and behaviour of hers, it would be better to let her discover all the joys and pleasures of physical gratification. And like all other good things in life, this too just might be unable to sustain itself. Thereby putting to rest your fears and apprehensions regarding the future. As for finding her on top of you, I am sure that is a welcome deviation from the routine and often-drab missionary variety! No?

Will This guy be castrated for 30 years ? Or ? Lover boy kills innocent young girl as she refused to marry him

Will This guy be castrated for 30 years ? Or ? Lover boy kills innocent young girl as she refused to marry him. They have been having relations for long but the innocent girl is no Longer alive to file case against him :-( :-(

Short notes in English followed by full story in Tamil

Sashikala (24 ) , daughter of Patturaja , resident if unjavelampatti , near pollachi , Coimbatore district , was missing from home

Her father preferred a police complaint

During police complaint it come to light that she was in love with a co Worker a certain Mr Vinofh ( 28 ) who was also missing around the same time

Police started searching for Vinodh

Vinod was located and caught at Coimbatore , with the aid if his mobile phone signals

On interrogation , Vinodh confessed that he and sashikala had relations for some time and when he repeatedly sought her hand she refused to marry him

Angered by that tefusal he killed her

Vinodh later identified the place he had buried sashikala’s body and police have recovered a half decomposed corpse

***** full Tamil news below *******

http://www.dinamalar.com/news_detail.asp?id=886282

பதிவு செய்த நாள்

Tamil_News_large_88628220140102012447.jpg

பொள்ளாச்சி: பொள்ளாச்சி அருகே, காணாமல் போனதாக தேடப்பட்டு வந்த இளம்பெண், காதலனால் கொலை செய்யப்பட்டு, புதைக்கப்பட்டது, போலீஸ் விசாரணையில் தெரியவந்தது. இரண்டு மாதங்களுக்கு பிறகு உடல் கைப்பற்றப்பட்டது.

கோவை மாவட்டம், பொள்ளாச்சி ஊஞ்சவேலாம்பட்டியை சேர்ந்த பட்டுராஜா மகள் சசிகலா, 24. கோதவாடியிலுள்ள, தனியார் நிறுவனத்தில் வேலை பார்த்து வந்தார். கடந்த அக்., 24 ம் தேதி வேலைக்கு சென்றவர், வீடு திரும்பவில்லை. இது குறித்து, பட்டுராஜா பொள்ளாச்சி மகளிர் போலீசில் புகார் அளித்தார். முதற்கட்ட விசாரணையில், உடன் வேலை பார்த்த ஒத்தக்கால் மண்டபத்தை சேர்ந்த வினோத்,26, என்பவரை சசிகலா காதலித்து வந்ததும், இவர் காணாமல் போன நாள் முதல் காதலனும், தலைமறைவானதும் தெரிய வந்தது. சந்தேகமடைந்த போலீசார், தலைமறைவான வினோத்தை தேடி வந்தனர். இந்நிலையில், சில நாட்களுக்கு முன், கோவையில் சுற்றித்திரிந்த வினோத், போலீசாரால் கைது செய்யப்பட்டார். அவரிடம் நடத்திய விசாரணையில், அவர் சசிகலாவை கொலை செய்து, ஈச்சனாரி பை-பாஸ் ரோடு பகுதியில் புதைத்தது, தெரியவந்தது.

இது குறித்து போலீசார் கூறியதாவது:

ஒரே இடத்தில் பணிபுரிந்த, வினோத், சசிகலா இருவரும் சில ஆண்டுகளாக காதலித்து இருக்கின்றனர். இடையில் வினோத், வேறு வேலைக்கு சென்றுவிட்டார். ஒரு கட்டத்தில், சசிகலாவிடம் வினோத் திருமணத்திற்கு வற்புறுத்தியுள்ளார். அவர் அதற்கு மறுப்பு தெரிவித்து வந்துள்ளார். கடந்த அக்., 24ம் தேதி, அவரை காரில் அழைத்துச்சென்ற வினோத், திரும்ப திருமணம் பற்றி பேசியுள்ளார். சசிகலா சம்மதிக்காததால், ஆத்திரமடைந்த வினோத் தாக்கியதில், அவர் மயங்கி விழுந்துள்ளார். பின், அவரது கழுத்தை நெரித்து கொன்று விட்டு, உடலை, ஈச்சனாரி பை-பாஸ் ரோட்டில், முட்புதர்களுக்கு இடையே உள்ள குழியில் தள்ளி புதைத்து விட்டார். பின் தலைமறைவாகி, பல்வேறு இடங்களில் சுற்றித்திரிந்த வினோத், கோவை வந்த போது, மொபைல் போன் சிக்னல் உதவியால் பிடிபட்டார். வினோத் அடையாளம் காட்டிய இடத்திலிருந்து, அழுகிய நிலையில், சசிகலாவின் உடல் கைப்பற்றப்பட்டது. இவ்வாறு போலீசார் தெரிவித்தனர்.

22 years later , the honourable SC clears an innocent woman of dowry death case . SC also gives a good dose to lower courts and investigators because there was NO evidence if poisoning !!! Or beating ( NO visible injury )

22 years later , the honourable SC clears an innocent woman of dowry death case . SC also gives a good dose to lower courts and investigators because there was NO evidence if poisoning !!! Or beating ( NO visible injury )

So …. I am Wondering how on earth did the lower courts convict this sister in law

Looks like the poor woman’s husband died before his acquittal

http://www.telegraphindia.com/1131231/jsp/nation/story_17736792.jsp

SC clears woman of dowry death case

New Delhi, Dec. 30: The Supreme Court has acquitted a woman convicted of forcing her sister-in-law to take poison in a dowry death case, saying police, prosecutors and judicial officers had not taken into account a document as vital as the viscera report.

Justices Ranjana Prakash Desai and J. Chelameshwar said such “callousness” was bound to shake the faith of society in the criminal justice system.

“Public prosecutors and judicial officers owe a greater responsibility to ensure compliance with law in a criminal case. Any lapse on their part such as the one which occurred in the instant case is bound to jeopardise the prosecution case resulting in avoidable acquittals,” the bench said.

“Inefficiency and callousness on their part is bound to shake the faith of the society in the system of administration of criminal justice in this country which, in our opinion, has reached a considerably lower level than desirable.”

The top court, however, said the woman’s conviction under Section 498A (harassment by husband and other family members) stood, as the lower courts had reached “concurrent” findings based on evidence of cruelty as explained in the penal code section.

The ruling means Kamala Devi, who had been handed jail terms of seven years under Section 304B and two years under Section 498A, has been cleared of the graver charge of dowry death.

A sessions court in Gaya, Bihar, had convicted Kamala, brother-in-law Suhas Sao, the husband of the deceased, and Chhotan Sao, the father in-law, under the two sections for the 1991 death of Babita Devi.

According to the prosecution, Babita’s brother Surendra Prasad had filed an FIR in November 1991, saying his sister was assaulted with a stick and forced to consume poison by the three. Patna High Court later upheld their sentence.

Suhas did not challenge the sentence, but Chhotan and Kamala moved the apex court. Chhotan died while hearings were on. The top court said the trial court had convicted the accused despite noting in its judgment that the prosecution had not submitted the viscera test report to establish the allegation of poisoning.

In its judgment, the trial court had said “it would appear that (the) viscera was sent for post mortem but that report has not been received”. It also said “no apparent injury, external or internal, has been found on post-mortem examination of the dead body”.

In its recent ruling, the apex court said it was on the basis of “such scanty medical evidence” that the trial court and the high court had “rushed to the conclusion that the death of Babita Devi occurred ‘otherwise than under normal circumstances’”.

Mother in law has illicit relations with son in law, gets killed when son in law finds that she has other lover boys

Mother in law who had illicit relations with son in law, gets killed when son in law finds that she has other lover boys !!!! Lakshmi who was better looking than her daughter Jivitha seems to have developed illicit relations with her own son in law. One day she told him she has others just as she has him !!!!

***************** brief translation in English followed by news in Tamil ***************

Bogi , resident if gundumariamman koil circle, near jolarpet , vellore , Tamil Nadu was married to Lakshmi , aged about 40 years

They had two daughters Jivitha ( 20 ) , Sandhya (13) and a son named Satish Kumar ( 16 )

Jivitha was married to a building supervisor by name Venkatesan (28 )

Lakshmi left her house on 01st , saying she is going for construction work . She did not return for long and a search ensued . She was found dead with stab injuries to her throat / neck .

Police were called in and they started investigations

Police arrested Lakshmi’s daughter Jivitha’s husband ( dead woman’s son in law and son in laws mother ) for murdering Lakshmi

During inquiry , Lakshmi’s son in law Venkatesan accepted to have murdered Lakshmi

Lakshmi who was better looking than her daughter Jivitha seems to have developed illicit relations with her own son in law . Some 10 days ago her lover boy son in law had seen her chatting over phone with some other male . Venkatesan asked her who it was . Lakshmi replied that he – Venkatesan had no rights to question her and that she had other lover boys just as she had Venkatesan

Angered by this reply Venkatesan planned to kill her

He called her for sex on 01st . Lakshmi happily agreed and they met at a secluded place , had sex

After sex Venkatesan stabbed her on her neck and killed her

He then ran away from that place and confided the matter to his own mother who helped him clean blood stains and wash the clothes etc

Later they were both arrested during police inquiry

http://www.dailythanthi.com/2014-01-04-Knife–Youth-arrested-for-killing-Chennai

‘நான் இருக்கும்போது வேறொருவருடன் கள்ளத்தொடர்பா?’ மாமியாரை கத்தியால் குத்திக்கொன்ற சென்னை வாலிபர் கைது | Daily Thanthi

வேலூர்

வேறொருவருடன் கள்ளத்தொடர்பு வைத்திருந்ததால் மாமியாரை கத்தியால் குத்தி கொலை செய்த மருமகனையும், அவரது தாயாரையும் போலீசார் கைது செய்தனர்.

பெண் கொலை

வேலூர் மாவட்டம், ஜோலார்பேட்டையை அடுத்த ரெட்டியூர் குண்டுமாரியம்மன் கோவில் வட்டத்தை சேர்ந்தவர் போகி. இவரது மனைவி லட்சுமி (வயது 40). இவர்களுக்கு சதீஷ்குமார் (16) என்ற மகனும், ஜீவிதா (20), சந்தியா (13) என்ற 2 மகள்களும் உள்ளனர். கடந்த 1–ந்தேதி லட்சுமி கட்டிட வேலைக்கு செல்வதாக வீட்டில் இருந்தவர்களிடம் கூறிவிட்டு வெளியே சென்றார்.

அன்று இரவு வெகுநேரமாகியும் அவர் வீடு திரும்பவில்லை. மறுநாள் காலை ஒரு தனியார் நிலத்தில் கத்தியால் கழுத்து அறுக்கப்பட்ட நிலையில் லட்சுமி பிணமாக கிடந்தார். இதுகுறித்து ஜோலார்பேட்டை போலீசார் வழக்குப்பதிவு செய்து விசாரித்து வந்தனர்.

தாய்–மகன் கைது

விசாரணையில், லட்சுமிக்கும், அவரது மருமகன் வெங்கடேசனுக்கும் (28) கள்ளத்தொடர்பு இருந்தது தெரியவந்தது. மேலும் வெங்கடேசன் தலைமறைவாக இருந்ததால் போலீசாருக்கு அவர் மீது சந்தேகம் ஏற்பட்டது. போலீசார் தீவிர விசாரணை நடத்தி வெங்கடேசனை பிடித்தனர். அவரிடம் விசாரணை நடத்தியதில், லட்சுமியை கொலை செய்ததை ஒப்புக்கொண்டார்.

போலீசார் வெங்கடேசனையும், கொலைக்கு உடந்தையாக இருந்த அவரது தாயார் சின்ன பாப்பாவையும் கைது செய்தனர். கைதான வெங்கடேசன் போலீசாரிடம் அளித்த வாக்குமூலம் வருமாறு:–

மாமியாருடன் தொடர்பு

நான் சென்னையில் கட்டிட மேஸ்திரியாக வேலை செய்து வருகிறேன். எனக்கும், லட்சுமி மகள் ஜீவிதாவிற்கும் கடந்த 2010–ம் ஆண்டு திருமணம் நடந்தது. மனைவியை விட மாமியார் லட்சுமி அழகாக இருந்ததால் அவர் மீது எனக்கு ஆசை ஏற்பட்டது. நாளடைவில் எனக்கும், மாமியார் லட்சுமிக்கும் பழக்கம் ஏற்பட்டது. பின்னர் 2 பேரும் தனிமையில் சந்தித்து உல்லாசமாக இருந்து வந்தோம்.

10 நாட்களுக்கு முன்பு லட்சுமி செல்போனில் வேறு நபருடன் சிரித்து பேசிக்கொண்டிருந்தார். அதனை நான் தட்டிக்கேட்டேன். அப்போது அவர், என்னை தட்டி கேட்க உனக்கு அதிகாரம் கிடையாது, உன்னிடம் வருவதுபோல், நான் வேறு நபர் கூடவும் செல்வேன் என கூறினார்.

குத்தி கொலை

அதனால் வேறு நபருடன் பழக்கம் வைத்திருக்கும் அவரை கொலை செய்ய சென்னையில் இருந்தபடி திட்டம் தீட்டினேன். அதன்படி 1–ந்தேதி லட்சுமியிடம் உல்லாசமாக இருக்கலாம் என்று கூறி, ஒரு தனியார் நிலத்திற்கு அழைத்துச்சென்றேன். அங்கு 2 பேரும் உல்லாசமாக இருந்தோம். பின்னர் லட்சுமியின் கழுத்து உள்ளிட்ட 3 இடங்களில் சரமாரியாக கத்தியால் குத்தினேன். அதில் லட்சுமி அங்கேயே சுருண்டு விழுந்து செத்தார்.

இதனால் நான் அங்கிருந்து எனது வீட்டிற்கு வந்து, நடந்ததை எனது தாயார் சின்ன பாப்பாவிடம் கூறினேன். தாயார் உதவியுடன் ரத்தக்கறை படிந்த எனது உடைகளை மறைத்தேன். ஆனாலும் போலீசார் பிடித்துவிட்டனர்.

இவ்வாறு அவர் வாக்குமூலத்தில் கூறியிருந்தார்.

Wife who deserts her husband without sufficient cause is not entitled to maintenance u.s 125 crpc for the period BEFORE the decree of divorce . However she IS ENTITLED to maintenance for period after decree of divorce, As the ex wife of this chappie !!! Recent Judgement by Honorable Madras high court . So all husbands of deserting women beware !!!

Wife who deserts her husband without sufficient cause is not entitled to maintenance u.s 125 crpc for the period BEFORE the decree of divorce . However she IS ENTITLED to maintenance for period after decree of divorce, As the ex wife of this chappie !!! Recent Judgement by Honorable Madras high court . So all husbands of deserting women beware !!!

Excerpts ; "……14. Going by the observation above made, the order of maintenance stands confirmed with effect from the date of decree of divorce and the amount already paid towards maintenance arrears shall stand adjusted in the manner indicated above. The balance maintenance arrears shall be paid within four weeks from the date of receipt of a copy of this order. The petitioner-husband is also directed to pay future maintenance regularly every month.,………"

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF – Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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Wife who deserts her husband without sufficient cause is not entitled to maintenance u.s 125 crpc for the period BEFORE the decree of divorce . However she IS ENTITLED to maintenance for period after decree of divorce, As the ex wife of this chappie !!! Recent Judgement by Honorable Madras high court . So all husbands of deserting women beware !!!

Excerpts ; "……14. Going by the observation above made, the order of maintenance stands confirmed with effect from the date of decree of divorce and the amount already paid towards maintenance arrears shall stand adjusted in the manner indicated above. The balance maintenance arrears shall be paid within four weeks from the date of receipt of a copy of this order. The petitioner-husband is also directed to pay future maintenance regularly every month.,………"

Dr.G.Sivaraman vs P.Muthukumari on 5 September, 2013

Madras High Court

Dr.G.Sivaraman vs P.Muthukumari on 5 September, 2013

DATED: 05.09.2013

CORAM

THE HON’BLE MS.JUSTICE K.B.K.VASUKI

Crl.R.C.No.694 of 2007

and M.P.No.1 of 2007

Dr.G.Sivaraman … Petitioner/Respondent

-vs-

P.Muthukumari … Respondent/Petitioner

Prayer:- This Criminal Revision case is filed to call for the records and set aside the order in M.C.No.41 of 2005 dated 13.03.2007 on the file of the Chief Judicial Magistrate, Vellore.

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For Petitioner : Mr.V.Ramakrishnan

For Mr.S.Sundar Raman

For Respondent : Mr.E.Kannadasan

*****

O R D E R

Here is the peculiar case wherein the question arises for consideration is whether the husband, who obtained decree for divorce on the ground of refusal on the part of the wife to live with her husband is liable to pay any maintenance and if so, the period from which his liability to pay maintenance commences.

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2. The facts, which are relevant for consideration herein are that the petitioner-husband and the respondent-wife got married on 10.07.2003 and the wife left the husband on her own and the parties started living separately from 12.02.2004. The husband filed a petition for divorce on 27.11.2004 on the file of Sub-Court, Chingleput on two grounds, namely, desertion and act of cruelty on the part of wife. During pendency of the divorce petition, wife also came forward with M.C.No.41 of 2005 filed on 2.8.2005 petition under Section 125 of Criminal Procedure Code for monthly maintenance before the learned Chief Judicial Magistrate, Vellore. The wife, on service of notice appeared in the Divorce petition and also filed Transfer C.M.P.No.343 of 2007, seeking transfer of HMOP to different Court, but the transfer CMP was after hearing both sides, dismissed on 29.10.2008. In the meanwhile, M.C.No.41 of 2005, after due contest was ordered on 13.03.2007 thereby directing the petitioner-husband to pay monthly maintenance of Rs.1,000/- to his wife from the date of petition for maintenance. Subsequently, the divorce petition was also disposed of on 30.03.2009 by granting a decree of divorce in favour of the husband on both grounds.

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3. Aggrieved against the award of maintenance, the petitioner-husband preferred this Criminal Revision Petition No.694 of 2007 and the same was admitted on 25.04.2007. The petitioner-husband was also granted an interim order of stay on condition to deposit 50% of the maintenance arrears. Accordingly, the petitioner-husband has deposited Rs.48,500/- (Rupees Forty Eight Thousand and Five Hundred only) till August, 2013 towards maintenance arrears. It is not in dispute that no appeal is filed by the wife against the divorce decree. At this juncture, learned counsel for the respondent-wife would submit that the decree granted in H.M.O.P. is an exparte decree and the wife has been taking steps to have it set aside on the issue of jurisdiction as well as on merits. Whereas learned counsel for the petitioner-husband would read out the final order made in the divorce petition in support of his contention, that the decree of divorce is granted on merits, that too, after hearing both sides and cannot be construed as an exparte award.

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4. In my considered view, the issue as to whether the decree for divorce is exparte or contested one need not be gone into at this stage and unless and until it is set aside, the exparte decree is as good as contested one. As of now, the divorce decree remains in force.

5. The learned counsel for the petitioner-husband would in this criminal revision seriously question the validity and correctness of the award of maintenance, mainly on the ground that as the husband and wife had been contesting the petition for divorce on the ground of act of cruelty and act of desertion on the part of wife and as under Section 125(4) of Cr.P.C., the wife, who refuses to live with her husband without any sufficient reason is not entitled to receive any allowance for maintenance, the learned Magistrate ought to have dismissed the claim for maintenance made by the wife or ought to have postponed the disposal of the maintenance case till disposal of the divorce petition. It is contended by the learned counsel for the petitioner-husband that the wife, being not entitled to claim maintenance for the period prior to the date of decree of divorce on the ground of desertion is not entitled to conduct proceedings for maintenance pending divorce petition. The learned counsel for the petitioner-husband has also cited the authority of the Hon’ble Supreme Court reported in 2000 (3) SCC 180, Rohtash Singh vs. Ramendri (Smt) and others in support of such contention.

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6. The reading of the judgment of the Hon’ble Supreme Court reveals that the issue arose before the Hon’ble Supreme Court is as to whether the wife against whom decree for divorce has been passed on account of her deserting the husband, can claim maintenance allowance under Section 125 Cr.P.C. and how far the plea of desertion to be treated to be an effective plea in support of husband’s refusal to pay her maintenance allowance. The facts of the case decided by the Hon’ble Supreme Court are more or less identical to the facts of the present case. There also, the husband and wife got separated and the husband filed divorce petition on the ground of desertion and the wife filed maintenance case. Unlike the present case, the divorce petition in that case was disposed of firstly on 15.07.1995, whereas the application under Section 125 Cr.P.C. was allowed much thereafter.

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7. The Hon’ble Supreme Court, while answering the question as stated above, is pleased to observe that the Claim for maintenance under Section 125, Cr. P.C. before divorce is based on the subsistence of marriage while claim for maintenance of a divorced wife after divorce is based on the foundation provided by Explanation (b) to Sub-section (1) of Section 125, Cr. P.C. and as a wife, she is entitled to maintenance unless she suffers from any of the disabilities indicated in Section 125(4) and in another capacity, namely, as a divorced woman, she is again entitled to claim maintenance from the person of whom she was once the wife and as a woman after divorce becomes a destitute and if she cannot maintain herself or remains unmarried, the man who was, once her husband continues to be under a statutory duty and obligation to provide maintenance to her…..

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8. While answering so, the Hon’ble Supreme Court has also agreed with the contention raised on the side of the husband therein that since the decree of divorce was passed on the ground of desertion of the husband by the respondent-wife, she would not be entitled for maintenance for any period prior to the passing of the decree under Section 13 of the Hindu Marriage Act. The Hon’ble Supreme Court has observed that "To that extent, learned Counsel appears to be correct". However, the Hon’ble Supreme Court was not inclined to interfere with the award of maintenance for the period prior to the date of divorce in that case for the reason that the period is too short to be interfered with.

9. As rightly argued by the learned counsel for the petitioner-husband, the wife, who had deserted her husband as per the decree of divorce, and who has been living separately on her own and who has been refusing to live with her husband, is disentitled to claim any maintenance for the period prior to the date of decree, which is in the present case 30.03.2009.

10. The above judgment of the Hon’ble Apex Court was not cited before the learned Magistrate, while dealing with Section 125 Cr.P.C application. Had the authority been cited, the learned Magistrate would have dealt with the maintenance petition in the light of the reasoning laid down by the Hon’ble Apex Court. As the maintenance claimed herein is for the period during the pendency of petition for divorce, in the light of the decision of the Hon’ble Supreme Court, the wife is disentitled to claim maintenance for the period prior to decree of divorce. Thus, applying the observation of the Hon’ble Supreme Court, the award of maintenance granted for the period prior to the date of divorce i.e. 30.03.2009 on the ground of desertion cannot be on legal ground allowed to sustain. However, as the decree of divorce is till date in force and the petitioner-husband is liable to pay maintenance to his divorced wife, as the divroced wife is entitled to claim maintenance from the petitioner-husband from the date of decree of divorce in her other capacity as the divorced wife, this Court is not inclined to interfere with the award of maintenance except by directing the payment made for the period prior to 30.03.2009 to be adjusted against the payment of maintenance for the subsequent period from the date of divorce.

11. Here is the case, the husband is liable to pay maintenance from the date of decree of divorce, i.e. on 30.03.2009 till August, 2013, at the rate of Rs.1,000/- (Rupees One Thousand only) per month, [Rs.52,000/- (Rupees Fifty Two Thousand only)]. The petitioner-husband has so far admittedly paid Rs.48,500/- (Rupees Forty Eight Thousand and Five Hundred only) on the strength of the order passed under Section 125 of Cr.P.C. After applying the judgment of the Hon’ble Supreme Court, a sum of Rs.48,500/- is liable to be adjusted against Rs.52,000/-. If that is so, the petitioner-husband is liable to pay Rs.3,500/- (Rupees Three Thousand and Five Hundred only) as arrears of maintenance upto August, 2013 and is liable to pay at the rate of Rs.1,000/- (Rupees One Thousand only) per month from the month of September, 2013.

12. At this juncture, learned counsel for the petitioner-husband would attempt to argue that the respondent-wife is gainfully employed for the past three years, as such, she is disentitled to claim any maintenance since the date of her employment. Such contention, in my considered view, cannot be accepted without any pleading or proof.

13. Considering the scope of the revisional jurisdiction of this Court, this Court is not inclined to deal with the issue relating to employment or otherwise of the wife and her capacity to maintain herself at this belated stage. However, it is open to the petitioner-husband to avail appropriate remedy under the relevant provision of law in Section 127 of Cr.P.C.

14. Going by the observation above made, the order of maintenance stands confirmed with effect from the date of decree of divorce and the amount already paid towards maintenance arrears shall stand adjusted in the manner indicated above. The balance maintenance arrears shall be paid within four weeks from the date of receipt of a copy of this order. The petitioner-husband is also directed to pay future maintenance regularly every month.

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15. The criminal revision petition is accordingly disposed of. Consequently, connected Miscellaneous petition is closed.

05.09.2013

Index: Yes

Internet: Yes

ar

To

1. The Chief Judicial Magistrate,

Vellore

K.B.K.VASUKI, J.,

ar

Crl.R.C.No.694 of 2007

We need MORE candlelight vigils FOR WOMEN, because Women are weak , women are innocent. remember that women are NOT equal, they are abla Naari who can be easily cheated !!! men who indulge in sex and then fail to marry are rapists … They will be locked up or probably castrated the next 30 years, ………again where is the candlelight ???

We need MORE candlelight vigils FOR WOMEN, because Women are weak , women are innocent. remember that women are NOT equal, they are abla Naari who can be easily cheated !!! men who indulge in sex and then fail to marry are rapists … They will be locked up or probably castrated the next 30 years, ………again where is the candlelight ???

http://m.timesofindia.com/city/delhi/Live-in-relationship-road-to-lifelong-commitment-Court/articleshow/26926684.cms?intenttarget=no

Live-in-relationship road to lifelong commitment: Court

NEW DELHI: A trial court on Thursday said that a live-in-relationship is not just residing together but also a commitment to be with the loved one in the future, too. The court made the observation while convicting Ravi Mohan Sharma, an MBA, for raping his live-in partner and later forcing her to abort.

Additional sessions judge Yogesh Khanna convicted Sharma (31) for ‘ravishing the girl on the pretext of marrying her’. "In our society, when a woman enters into this kind of relationship, she has in her mind only a marriage in future. But when such relation ends abruptly, it means a lot to the woman," the court said, adding that it will decide the sentencing of Sharma on December 13.

The girl, a law student, lodged the complaint in August 2011 after she became pregnant that Sharma refused to marry her saying that his parents were against their relationship. The girl alleged that between December 2010 and January 2011, she was raped several times by Sharma on the pretext of marriage. Sharma, a resident of Uttar Pradesh, refuted the allegations and said that he is being falsely implicated. The court dismissed his contentions and said that his intention "right from the beginning was never honest". Sharma knew that his father would be against his love marriage and would even stop paying his MBA fee but he continued "misusing" the girl till she became pregnant, the court added.

The court refused to give benefit of doubt to Sharma and said that law needs to be in favour of destitute girls. In a patriarchal society like ours, the girl will have to face the tough world after being left in such a miserable position by an educated male, the court said, dismissing Sharma’s argument that the girl was a major and had given her consent for the relationship and was aware of the consequences of her act.

"The kind of consent obtained by the accused cannot be said to be free consent because the girl was under a misconception that the accused would marry her, therefore, she had submitted to sexual intercourse with him."

Placing confidence on a High Court judgment to convict Sharma, ASJ said that "courts cannot and should not give such licence to those who keep on looking for opportunities to exploit the sentiments and vulnerability of Indian girls."

In most cases, it has been found that mothers on the side of the bride are most interfering. Girls share everything with their mothers and instead of putting them on the path of marital happiness, mothers ask girls to adopt a confrontationist stance. Couples today lack understanding and file for divorce.”

In most cases, it has been found that mothers on the side of the bride are most interfering. Girls share everything with their mothers and instead of putting them on the path of marital happiness, mothers ask girls to adopt a confrontationist stance. Couples today lack understanding and file for divorce."…

http://timesofindia.indiatimes.com/city/ludhiana/How-mothers-can-break-marriages/articleshow/28374874.cms

How mothers can break marriages

LUDHIANA: Sanya married a well to do businessman one and a half years ago. But she felt lonely in her marital home as she did not talk much to her in-laws. However, she talked to her mother every night and updated her on every detail. Her mother encouraged her to adopt the tit for tat attitude.

Sanya’s husband, Sumit, who remained busy in his business or the family, followed the advise of his mother, who kept a strict tab on when and where the couple went and what they talked about.

Interference of mothers on both sides led to fights between the couple and after one and half stormy years they were in court for divorce. None of the four were willing to adjust.

Sanya and Sumit are among the many couples in Ludhiana who suffered marital discord due to the interference of mothers on both sides. A whopping 50% of divorce cases in courts have come within two or three years of marriage. The main reason being the inability of couples to adjust in each other’s families. Advocate Avtar Kaur Brar, who handles such cases in Ludhiana district court said, "We get many cases of mothers intruding upon the lives of married couples. Newly weds also don’t understand the need to maintain a distance and follow their mothers, landing up for divorce eventually. In most cases, it has been found that mothers on the side of the bride are most interfering. Girls share everything with their mothers and instead of putting them on the path of marital happiness, mothers ask girls to adopt a confrontationist stance. Couples today lack understanding and file for divorce."

Although marital discord may also be prompted by factors like domestic violence, extra marital affairs and busy partners, interference of mothers is a constant on both sides. Members of Punjab Istri Sabha, an organization which counsels couples coming for divorce, say they encounter cases of parents interfering in the married life of their children every other day. Eventually, things come to such a pass that the couple’s life is spoiled and she files for divorce.

"It is very sad that parents don’t even tell their children to understand their partner and just go along with their decision to file for divorce. They are also keen to get them married again. What is the guarantee they will not interfere in the second marriage and take it to divorce? Marriage is not a small thing to dispose of anytime. A couple must understand the importance of maintaining distance," said president of Punjab Istri Sabha, Gurcharan Kochar.

After interference of mothers, marriages also hit rock bottom due to extramarital affairs, which are increasing in the city. If advocates are to be believed, many of these liaisons are the result of social networking sites like Facebook, Whatsapp and mobile phones. These distractions don’t allow partners to spend the crucial initial time with each other after marriage. In about 25% of cases, couples don’t understand each other because they don’t spend much time with each other. Other reasons for breaking of marriages include domestic violence, too much arguing, lack of equality, infidelity, marrying too young and unrealistic expectations.

One more senior citizen arrested in dowry case dies in jail. NO candlelights for this man …. just a terse statement and a wait for postmortem report !!!! sad ..sad fate of parents who give birth to sons in India

One more senior citizen arrested in dowry case dies in jail. NO candlelights for this man …. just a terse statement and a wait for postmortem report !!!! sad ..sad fate of parents who give birth to sons in India

Prisoner dies at Dasna Jail

Ghaziabad, Jan 3 (PTI) A 70-year-old prisoner serving a ten-year imprisonment in a dowry death case, died under mysterious conditions inside the Dasna Jail here, police said today.

Rajendra, who was from Wazidpur village in Noida, died last night, they said.

A local court had sentenced Rajendra to 10-year imprisonment on July 23 this year.

Police said that they were awaiting his post mortem report to ascertain the cause of death.

http://www.ptinews.com/news/4288736_Prisoner-dies-at-Dasna-Jail.html

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regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

salaries of the HONOURABLE judges is PERSONAL !!!! salaries of husbands can be given to ALL and sundry …including ablaa wife who wants to take it away !!!

THEY ARE ALL HONOURABLE MEN !!! Salaries of the HONOURABLE judges is PERSONAL and cannot be revealed to the taxpayer !!!! Salaries of husbands can be given to ALL and sundry …including ablaa wife who wants to take it away !!!

Plea seeking details of judges’ salaries dismissed

Treating the details of salary and other perquisites given to the Chief Justice and other Judges of Madras High Court as “personal information”, the State Information Commission (SIC) has rejected an activist’s plea to furnish such information.

“Those details are protected information and there is also no demonstrable ‘public interest’ justifying the disclosure of the information in this case”, said State Chief Information Commissioner, K.S.Sripathi and Information Commissioner S.F.Akbar, dismissing an appeal filed by V. Gopalakrishnan of M.G.R.Nagar here.

Mr. Gopalakrishnan filed an application with the Public Information Officer (PIO), Madras High Court, seeking to furnish information under the Right to Information Act. He also sought information relating to the copy of salary main bill submitted in respect of the Chief Justice and other judges of Madras High Court for last two years.

source

http://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/plea-seeking-details-of-judges-salaries-dismissed/article5524997.ece

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FOLLOW http://twitter.com/ATMwithDick on twitter or http://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/ FOR 100s of high court and supreme court cases

regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

Whaaaat ? Modi’s right hand woman at Gujarat has an estranged husband ?? And this single woman is slated to be the next Gujarat CM if Modi wins ???

Whaaaat ? Modi’s right hand woman at Gujarat has an estranged husband ?? And this single woman is slated to be the next Gujarat CM if Modi wins ???

How many of you know this story ??

What will be fate of men IF this combo wins ???

Serious question folks

As you know I’m not supporting this party or that, merely taking about men’s fate

Http://timesofindia.indiatimes.com/city/ahmedabad/Gujarat-revenue-minister-Anandibens-husband-to-join-AAP/articleshow/28301113.cms

Gujarat revenue minister Anandiben’s husband to join AAP

GANDHINAGAR: Mafatlal Patel, the estranged husband of Anandiben Patel, a senior minister who is a hot favourite to succeed Narendra Modi if he were to become Prime Minister, is set to join the Aam Aadmi Party shortly.

He met senior AAP functionaries and expressed his willingness to join the party along with some academicians and intellectuals "in order to fight Modi’s corruption". He told TOI AAP was the right platform to fight against Modi. A former college principal, Patel indicated that he would join AAP early next week. He said he was here not to contest elections but to fight for clean politics. He said he was in talks with a large group of friends who had been impresssed with AAP’s emergence.

Patel (77), a Gandhian popularly known as Mafatbhai, had married Anandiben some 50 years ago but they have been living separately for about 20 years now. The differences started in 1985 when his wife, then a school principal, was roped into BJP by Modi. He wrote several letters to Atal Bihari Vajpayee and L K Advani to complain against Modi’s growing influence over his wife. He even campaigned against Anandiben in previous assembly elections.

Two years back, he tried to embarass the chief minister by writing a sarcastic letter, requesting him to prevail upon Anandiben to lend him $ 1000 to buy a ticket to visit the US. Modi never responded though and Mafatlal’s fresh political moves would only be a source of more embarassment for the chief minister and his likely successor.

Maoist violence down while rape cases severely up !!! Crime scene from andha !!! 1434 rape cases just upto November 2013 !!! Rape cases up 20% , outraging modesty up 47% over last year

Maoist violence down while rape cases severely up !!! Crime scene from andha !!! 1434 rape cases just upto November 2013 !!! Rape cases up 20% , outraging modesty up 47% over last year . There was a decline in dowry death, dowry murder case !!

Crimes against women rising in Andhra

Hyderabad, Dec 31 (IANS) There was a marked increase in the number of sexual assault cases in Andhra Pradesh in 2013, state police chief B. Prasada Rao said Tuesday.

The number of rape cases went up by over 20 percent while cases of outraging the modesty of a woman rose sharply by over 47 percent.

Director General of Police Rao attributed this to the registration of cases by police immediately after receiving complaints from victims.

Earlier, cases were registered after verification of the complaints.

During the year, police registered 1,016 cases under the Nirbhaya Act, the stringent law passed by parliament this year to check crimes against women.

Till November, 1,434 rape cases were registered against 1,191 cases in 2012. Police also registered 5,624 cases of outraging of modesty till November while this number stood at 3,821 last year, Rao said at a year-end news conference here.

Overall crimes against women showed an increase of over 15 percent during 2013. Their number stood at 25,998 this year against 22,585 till November in 2012.

There were 133 dowry murders, 437 dowry deaths and 662 murder cases during the year, a slight decline in all three categories compared to the 2012 figures.

The police chief said they were taking various measures to check crimes against women. These include improving visible policing, installation of CCTV cameras and better enforcement of the Nirbhaya Act.

The state has 32 women police stations and police have sent a proposal to the government for opening 131 more such police stations.

Special classes are also being conducted to create awareness among police personnel about the Nirbhaya Act.

The overall crime rate in the state went up by nearly 13 percent in 2013.

Economic offences also showed an upward trend. The total amount involved stood at Rs.1,627 crore. Cases registered under cyber crimes increased from 490 to 608 this year.

With the state continuing to face a critical situation over Telangana, police were handling the matter tactfully and effectively with minimum use of force in both Telangana and Seemandhra, he said.

As many as 95 companies of central paramilitary forces and 31 companies of Andhra Pradesh Special Police have been deployed to handle agitations for and against a separate Telangana state.

Rao said that Maoist violence declined in the state, which was once a stronghold of the Left-wing extremists. It came down by 35 percent during the year.

The police chief said Maoists from Chhattisgarh were trying to renew their activities in Khammam and Warangal districts. They were also active in the Andhra Pradesh-Odisha border areas. Forces in the border districts are being strengthened to check such activity. he added.

http://www.firstpost.com/fwire/crimes-against-women-rising-in-andhra-1317193.html

Democracy in action !! Tamil Nadu government NOT taking action on fake ration cards as 2014 elections are near !!!!

http://www.dinamalar.com/news_detail.asp?id=885082

Democracy in action ! Tamil Nadu government is NOT taking action if fraudulent / false ration cards as the 2014 elections are near !!!

There are approx 2 crore ration cards in Tamil Nadu , of late many officers have found fake / duplicate rations cards !!! Still no action taken as

சென்னை: லோக்சபா தேர்தல் நெருங்கி வருவதால், போலி ரேஷன் கார்டுகள் மீது, எந்த நடவடிக்கையும் எடுக்க வேண்டாம்’ என்று, துறை மேலிட உத்தரவால், அதிகாரிகள் தயங்கி வருகின்றனர்.

தமிழகத்தில், பொது வினியோக திட்டத்தின் கீழ், ரேஷன் கடைகளில், அரிசி இலவசமாகவும், சர்க்கரை, பருப்பு வகைகள், பாமாயில் உள்ளிட்ட பொருட்கள், மானிய விலையிலும் வழங்கப்படுகின்றன. தற்போது, அரிசி கார்டு, 1.84 கோடி, சர்க்கரை கார்டு, 10.49 லட்சம், போலீஸ் கார்டு, 62,354, எந்த பொருளும் வாங்காத, ‘என்’ கார்டு, 31,453 என, மொத்தம், 1.96 கோடி ரேஷன் கார்டுகள், புழக்கத்தில் உள்ளன. பொதுவாக, ஐந்து ஆண்டுகளுக்கு ஒருமுறை, ரேஷன் கார்டு வழங்குவது வழக்கம். தற்போது, புழக்கத்தில் உள்ள ரேஷன் கார்டு, 2005ம் ஆண்டு வழங்கப்பட்டது. அவற்றின் செல்லத்தக்க காலம், 2009ம் ஆண்டுடன் முடிவடைந்து விட்டது. பழைய கார்டில், உள்தாள் ஒட்டப்பட்டு, அவற்றின் செல்லத்தக்க காலம், 2014ம் ஆண்டு டிசம்பர் வரை நீட்டிக்கப்பட்டு உள்ளது. ஒரு நபர், ஒன்றுக்கு மேற்பட்ட இடங்களில், ரேஷன் கார்டு வைத்திருத்தல், ஒரு குடும்பத்தில், ஒன்றுக்கு மேற்பட்ட கார்டு இருத்தல், ஆய்வுக்கு வரும் போது, வீடுகளில் இல்லாமல் இருத்தல் உள்ளிட்டவை, தகுதியற்ற, அதாவது, போலி ரேஷன் கார்டுகளாக வரையறுக்கப்பட்டு உள்ளது.

சென்னையில், உணவு வழங்கல் துறை உதவி ஆணையர்களும், மற்ற இடங்களில், வட்ட, மாவட்ட உணவு வழங்கல் அதிகாரிகளும், ரேஷன் கார்டுகளை ஆய்வு செய்து, நடவடிக்கை எடுத்து வருகின்றனர். சென்னை புறநகர், திருவள்ளூர், காஞ்சிபுரம், மதுரை, திருச்சி, கோவை உள்ளிட்ட இடங்களில், அதிகளவில் போலி ரேஷன் கார்டுகள் உள்ளதாக, குற்றச்சாட்டு எழுந்துள்ளது. போலி ரேஷன் கார்டு மீது, அதிகாரிகள் நடவடிக்கை எடுத்தால், உள்ளூர் ஆளுங்கட்சி பிரமுகர்கள் எதிர்ப்பதால், ஆய்வுப் பணி தடைபடுகிறது. இந்நிலையில், அடுத்த ஆண்டு, லோக்சபா தேர்தல் நடக்க உள்ளதால், போலி ரேஷன் கார்டுகள் மீதான நடவடிக்கை, ஆளுங்கட்சி மீது அதிருப்தி ஏற்படுத்தும் என, கருதப்படுகிறது. இதையடுத்து, போலி ரேஷன் கார்டுகள் மீது நடவடிக்கையும் எடுக்க வேண்டாம் என, துறை மேலிடம், உணவு வழங்கல் அதிகாரிகளுக்கு, ரகசிய உத்தரவிட்டுள்ளது. இதனால், போலி ரேஷன் கார்டு மீது, நடவடிக்கை எடுக்க அதிகாரிகள் தயங்கி வருகின்றனர். உணவுத் துறை அதிகாரிகள் கூறுகையில், ‘போலி ரேஷன் கார்டுகளால், அரசுக்கு ஆண்டு தோறும், பல கோடி ரூபாய் கூடுதல் செலவு ஏற்படுகிறது. ரேஷன் கடைகளுக்கு வரும் பொதுமக்களிடம், அதிக கெடுபிடி காட்ட வேண்டாம் என, உயரதிகாரிகள் உத்தரவிட்டு உள்ளனர். இதனால், என்ன செய்வது என, தெரியாமல் உள்ளோம்’ என்றனர்.

There is no law that accused remain present at court for cancellation of (ARREST) warrant !!. VERY useful judgement for husbands and parents / siblings !!

There is no law that accused remain present at court for cancellation of (ARREST) warrant !!. If the lawyer makes an application for cancellation of warrant, the same needs to be considered on merits by the learned Magistrate !! VERY useful judgement for husbands and parents / siblings !!

Excerpts :

"….There is no law that the accused shall personally remain present for cancellation of warrant. If the lawyer makes an application for cancellation of warrant, the same needs to be considered on merits by the learned Magistrate without insisting the for appearance of the Applicant…."

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 4429 OF 2013

Arunkumar N. Chaturvedi..Petitioner

Vs. The State of Maharashtra and Anr..Respondents

Mr.Rishi Bhuta,for the Petitioner.
Mr. A. R. Patil, APP,for the Respondent State.
http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

CORAM :­ M. L. TAHALIYANI,J.

DATE :­DECEMBER 24, 2013.

P. C.:

1 Heard the learned counsel Mr. Rishi Bhuta for the Petitioner and the learned Additional P. P. Mr. Patil, for the State of Maharashtra.

2 The Applicant is accused no.2 in Criminal Case No.1304/SS/2006 pending in the Court of Metropolitan Magistrate, 7th Court, Dadar for the offence punishable under Section 138 of Negotiable Instruments Act. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

The warrant has been issued against the Applicant as he was absent on the date of hearing. The Applicant had applied for cancellation of warrant through his advocate. It is submitted that the application has been rejected by the learned Metropolitan Magistrate on the ground that the Applicant was not present when the application for cancellation of warrant was made before the Magistrate. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

3 The judgments of Andhrapradesh High Court and Delhi High Court were cited before the learned Magistrate. The learned Magistrate without considering those judgments has stated that the said judgments were not binding upon him. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

4 Since the Applicant was ready to appear before the Magistrate after cancellation of warrant and since there was reasonable apprehension in the mind of the Applicant that he might be put beyond the bars if he appeared before cancellation of warrant, the learned Magistrate should have considered the application on merits.

5 In my considered opinion, there is no law that the accused shall personally remain present for cancellation of warrant. If the lawyer makes an application for cancellation of warrant, the same needs to be considered on merits by the learned Magistrate without insisting the for appearance of the Applicant/accused. It is noted by this Court that many Writ Petitions are filed in this Court only because the learned Magistrate straight way take a view that warrant cannot be cancelled unless accused appears before the Court. The view taken by a few of the Magistrates particularly in the city of Bombay, in my opinion, is not correct. It is high time that this Court lets the Magistrate note that the appearance of the applicant/accused is not necessary when application for cancellation of warrant is made.

In the circumstances, I pass the following order:­

(I) The non­bailable warrant issued against the Applicant stands cancelled.

(II) The Applicant shall appear before the Trial Court on next date of hearing.

(III) The copy of this order shall be forwarded to the Chief Metropolitan Magistrate, Bombay for being circulated to all the Additional Chief Metropolitan Magistrate and Metropolitan Magistrate.

(IV) The Writ Petition stands disposed of.

( M. L. TAHALIYANI, J.)

http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

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regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

Husband says wife had 250 friends and obscene messages on Facebook !! Wife says dowry demand !!! Story of a beautiful life spoiled

Husband says wife had 250 friends and obscene messages on Facebook !! Wife says dowry demand !!! Story of a beautiful life spoiled

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MYSTERY: Newlywed wife claims ‘dowry harassment’ while husband sees ‘obscene messages’ in her Facebook account

Dailybhaskar.com|Dec 30, 2013, 09:42:00

6951_00_technologeek.jpg

New Delhi: Interacting with people on Facebook proved to be troublesome for a newlywed woman. At first, her husband threw her out of his home and then accused her. Though, in this case, the woman claimed that she was innocent and alleged her husband and in-laws. According to the woman, her in-laws are torturing and accusing her without any reason. The husband of the woman had objection on his wife talking to other people on the social networking site but the woman said that she only talked to her friends or family members. She does not talk to strangers on Facebook.

Looking at the Facebook profile of the woman, her husband came to know that she had 250 people in her friends’ list. Also, some obscene messages and pictures are posted on her wall. When he asked about the friends’ list to his wife, she explained that they are just her relatives and close friends. Thus, the husband tried to make her understand to stop using Facebook but when she did not listen, he asked her to leave the house.

The woman is a resident of Chandra Nagar in Moradabad area of Uttar Pradesh. She was married to a Ghaziabad based computer engineer a year ago. Everything was going well after a few days of marriage but then the Facebook incident started creating troubles in their relationship. On December 20, the newlywed accused her in-laws of dowry harassment. According to the woman, her husband used to doubt her without any reason. He had objection on her interacting with the relatives too, she said.

On the other side, the accused husband said that his wife has more than 250 friends on Facebook. He said one day when he opened her account, he was stunned. He read many obscene messages in her inbox. When he stopped her from using Facebook, she started fighting with him and went to her parental home. The woman claims that her husband and in-laws threw her out of the house.

Yeah when the whole complaint is false why not add a line saying “….they also asked for dowry standing next to my (girl’s) house ????

It’s become common to drag all dowry cases to a police station nearest to the girls house !!!!

Yeah when the whole complaint is false why not add a line saying "….they also asked for dowry standing next to my (girl’s) house ????

High Court declines to quash dowry harassment case trial

In a major ruling, the Madras High Court has declined to quash a case against a person working in abroad for allegedly subjecting his wife to cruelty. The petitioner contended that the Centre’s prior sanction was required to conduct the trial against him as the offence was stated to have been committed in a foreign country.

Dismissing the plea, Justice P. Devadass said as the offence under Section 498-A (Husband or relative of husband of a woman subjecting her to cruelty) IPC was alleged to have been committed in India and also in the US, the Central government sanction to conduct the trial against the husband would not arise. The Judge directed the XVIII Metropolitan Magistrate here to proceed with the trial against the petitioner and his parents.

The wedding of Muralikrishna of Chennai who was employed in the US, took place in April 2010. In her complaint to police, the petitioner’s wife alleged that from the day of marriage she was harassed for dowry.

The first part of her married life was in Chennai. The harassment continued in the US also. The criminal case was now pending against the petitioner and his parents.

Counsel for the petitioner contended that the alleged dowry demand was in the US. So, as per Section 188 Cr.P.C., sanction of the Central government was necessary to try the offence under Section 498-A IPC. Since no sanction had been obtained in the present case, the trial could not be conducted.

Counsel for the petitioner’s wife said she was harassed in India and in the US. So, the Central government’s sanction was not necessary to conduct the trial.

Mr.Justice Devadass said sanction was a condition precedent to conduct the trial with respect to offences committed outside India. In case if an offence was in India and it continued in a foreign country, Centre’s sanction was not necessary. The petitioner had committed the alleged offence in India and also in the US. In such circumstances, requiring Centre’s sanction to conduct the trial would not arise.

http://m.thehindu.com/news/national/tamil-nadu/high-court-declines-to-quash-dowry-harassment-case-trial/article5498748.ece/?maneref=https%3A%2F%2Fwww.google.ae%2F

Inspite of specific directions by the madras high court that parents are NOT to be arrested in dowry cases , police are said to be ON THE LOOKOUT for these senior citizens

Inspite of specific directions by the madras high court that parents are NOT to be arrested in dowry cases , police are said to be ON THE LOOKOUT for these senior citizens

Obviously the husband and his parents have done what honest people have to do in india … Ie run for their lives !!!!

Hubby, In-laws Escape After Dowry Plaint

A dowry harassment case was filed against a mechanical engineer and his parents following a complaint from his wife at the All Women Police Station (AWPS) in Villianur on Friday.

According to the complaint filed by Komala (26),an MBA graduate, her husband Santosh Kumar (33),father-in-law Arumugham (62), and mother-in-law Malarkozhi (56) had beaten her up and thrown her out of the marital house demanding dowry. They had told her not to return unless she brings `5 lakh from her parents, who reside in Kottakuppam, adjoining Puducherry, for construction of a house.

Komala got married to Santhosh in 2011 and had given birth to twins eight months ago. Her parents had given 30 sovereigns of gold and `1.5 lakh cash to the groom’s family at the time of marriage.

Soon after the marriage, there had been persistent demands from her husband and in-laws to get money from her parents. She was subjected to continuous assault and in one such incident, she was hospitalised. After the incident, she had complained to the local fishermen panchayat and subsequently at the AWPS which led to police counselling the husband and in-laws and sorting out things.

However, after she gave birth to twins, the situation again came back to square one. She was asked to get `5 lakh from her home and thrown out of her house, with an ultimatum that she shouldn’t return unless she has the money.

After the incident, she filed a complaint with the All Women Police Station in Villianur. Police registered a case under Dowry Prohibition Act and under various sections of IPC for harassment and assault, said AWPS sub inspector Thilagrani. Police said they are on the lookout of the three.

http://www.newindianexpress.com/states/tamil_nadu/Hubby-In-laws-Escape-After-Dowry-Plaint/2013/12/29/article1971077.ece

4 magistrates take cognizance of 24000+ cases!; mostly civil disputes converted to criminal cases !!!! Madras HC blasts them !!! see how our lower courts are functioning !!!

4 magistrates take cognizance of approx 24000+ cases!; mostly these are civil disputes converted to criminal cases !!!! They take cognizance even outside their jurisdiction !! Matter goes to Madras HC vigilance cell & Madras HC blasts these Magistrates !!! see how our own lower courts are functioning !!!

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21/08/2008

CORAM : THE HON’BLE MR. JUSTICE R.REGUPATHI

Crl.O.P. Nos.15451 and 15981 of 2008

Common Order

Sensing the derailment of procedure established by law at the bottom level of the subordinate judiciary, in that, some Judicial Magistrates, in collusion with complainant Bankers/Financial Institutions, are in the habit of entertaining complaints relating to matters purely of civil nature and thereby, in abuse of judicial discretion and power, superabundantly passing orders under Section 156(3) Cr.P.C. for investigation of such matters by the police for the undue benefit of the financial institutions, and in some instances they are entertaining similar complaints by themselves under Section 200 Cr.P.C., vigilance enquiries were conducted and reports received and the complaints entertained by them came to be quashed by orders of this Court passed in a number of petitions filed under Section 482 of the Code of Criminal Procedure.

In spite of such reaction by this court and repeated directions to the Judicial Magistrates not to refer the complaints/matters of civil nature for police investigation, recently, while dealing with like matters, it has come to light that such illegal trend is still widely in vogue. Since it was deeply felt that the issue relates to the propriety of the subordinate judiciary, by order dated 11.07.2008, the Registrar (Vigilance Cell), High Court, was directed to collect the details with reference to pendency of such cases before the Judicial Magistrate Courts in the State. Shouldered with the arduous task entrusted by this Court, the Registrar continued the job, however, he could not get the requisite particulars within the time stipulated in view of the reason that some of the Magistrates were reluctant to furnish the full-fledged details. Ultimately, subsequent to the strict direction of this Court, statistics and particulars from the courts of Metropolitan/Judicial Magistrates throughout the State could be procured. This Court places on record its deep appreciation for the erstwhile Registrar, Vigilance, and the present Registrar, Vigilance, High Court, Madras, and the Staff of the Vigilance Cell in accomplishing the task entrusted to them by putting in hard labour and almost working round the clock.

2. Annexure-A, B and C available in the vigilance report gives the particulars about the pending cases with regard to credit card transactions, personal loans, Hire Purchase Loans, cheque bouncing cases with IPC. offences etc., and the details of the Magistrates who have taken on file huge number of cases is furnished below:-

" ANNEXURE-A

Chennai

III Metropolitan Magistrate Court, George Town, Chennai : 10293

X Metropolitan Magistrate Court, Egmore, Chennai : 10738

XVII Metropolitan Magistrate Court , Saidapet, Chennai : 3159

XVIII Metropolitan Magistrate Court, Saidapet, Chennai : 171

Police: La. Shooter Embroiled in Difficult Divorce – ABC News

Man embroiled in difficult divorce shoots dead wife , ex mother in law & others !! Wounds ex father in law . Man was forced to pay overdue child support and also placed on probation !! Sad story in LA.

Police: La. Shooter Embroiled in Difficult Divorce – ABC News

ABC_AP_ben_freeman_shooting_jef_131227_16x9_992.jpg

Lafourche Parish Sheriff Office/AP Photo|ABC News

It might have appeared that Ben Freeman was trying to right some wrongs in his life in the months before police say he killed three people and himself.

In June, he agreed to pay his ex-wife Jeanne (ZHANNE) Gouaux (GO) $22,560 in overdue child support payments dating back two years, court records show. A settlement filed the next month show that the couple would sell three adjacent lots near her parents’ house and split the $25,000 in proceeds. Freeman also agreed to pay Gouaux $39,000.

But June also was the month that Gouaux and her father filed a complaint against Freeman. And on Oct. 23, he pleaded guilty to one of two criminal telephone-harassment charges based on that complaint, Lafourche Parish Clerk of Court Vernon H. Rodrigue said.

Freeman, 38, was given a deferred sentence of a $250 fine or 10 days in jail and put on unsupervised probation for a year, and the second count of criminal harassment was dismissed, Rodrigue said.

On Nov. 27, Freeman was issued a citation for simple battery domestic violence against his current wife, Denise Taylor Freeman, according to the Terrebonne Parish Sheriff’s Office. Freeman’s court date had been scheduled for Jan. 16.

But on Thursday, police say Freeman killed his wife, whose body was found in a bathroom at home. He then fatally shot his ex-mother-in-law and the CEO of a hospital where he once worked, wounded three others, and killed himself, sheriff’s officials from Lafourche and Terrebonne parishes said.

Authorities are still investigating Freeman’s possible motives, but "clearly, there has been a very difficult and complicated divorce/custody issue going on," Lafourche Parish Sheriff Craig Webre said.

All three survivors remained hospitalized, two in stable but critical condition, hospital officials said late Friday.

Preliminary evidence shows that Freeman first killed Denise Freeman, 43, before he went on a rampage and shot the others, Maj. Malcolm Wolfe, of the Terrebonne Parish Sheriff’s Office, wrote in an email.

Denise Freeman’s body was found in the bathroom. An autopsy showed she suffocated and drowned, Terrebonne Parish Sheriff Jerry Larpenter said Friday.

Ben Freeman then drove to his former in-laws’ home in Lafourche Parish, about 45 miles southwest of New Orleans, investigators say. With a shotgun, he killed his former mother-in-law, Susan "Pixie" Gouaux, and wounded her husband, Councilman Louis Phillip Gouaux, and one of their daughters, Andrea Gouaux. His ex-wife, Jeanne Gouaux, apparently wasn’t at the home.

About 20 minutes later, Freeman arrived at the home of Milton and Ann Bourgeois. Milton was the longtime CEO of Ochsner (OX-ner) St. Anne General Hospital in nearby Raceland, where Freeman had worked as a registered nurse until two years ago. Freeman shot Milton Bourgeois at close range, killing him, and shot Ann Beourgeois in the leg. She was in stable condition Friday.

Louis and Andrea Gouaux were in critical but stable condition after surgery Friday in New Orleans, Brennan Matherne, a spokesman for the Lafourche Parish Sheriff’s Office, said.

Lafourche Parish Sheriff Craig Webre said Freeman had been fired from St. Anne, and police previously had been called to the hospital after Freeman damaged a room. Freeman told officers he would seek mental help, Webre said.

But in a teleconference later Friday, Ochsner officials said Freeman had resigned voluntarily, citing personal reasons. The officials said he had worked at the hospital from May 1998 to April 2011 and that he was considered an on-call employee for another five months after that.

Freeman also had worked at two other hospitals, which along with St. Anne were placed on lockdown for a time Thursday.

Susan Gouaux — "Pixie" to her friends — was a teachers’ aide at Holy Savior Elementary School. She also was a talented needlewoman and knitter who designed the state bicentennial quilt square for Lafourche Parish and made scarves for all her friends, Parish President Charlotte Randolph said in a phone interview.

She said that she went to school at one time or another with both Philip and Susan Gouaux, and that Susan Gouaux taught her grandchildren. The couple have six adult daughters.

Gouaux called 911 around 6:40 p.m. Thursday from his home in Lockport, telling dispatchers he’d been shot in the throat, The Courier newspaper in Houma reported. Freeman was divorced from Gouaux’s daughter Jeanne, whom he married in 1997.

Jeanne Gouaux, also a nurse, had filed several protective orders against Freeman, who was allowed only supervised visits with their four children, Webre said. The last protective order expired less than a month ago, he said.

Jeanne Gouaux and the children lived with her parents for a while after the divorce, said Rita Bonvillain (BAHN-vee-yenh), 83, a neighbor of the family for nearly 30 years. She said Andrea Gouaux, a nurse like sister Jeanne, was visiting from Texas.

Whenever a holiday came, she said, children filled the house and yard. A trampoline, soccer balls and a swing hanging from a big oak in the front yard testified to that.

Bonvillain choked up talking about the Gouauxes. Since her husband died, they regularly stopped by to ask if she needed groceries or other help. The councilman once told her, "If you ever hear a sound at night and want someone to check it out, call me," she said.

Ben Freeman was found dead around 10:45 p.m. along U.S. Highway 90 near Bayou Blue. He had shot himself in the head.

At Denise Freeman’s house, a man who didn’t give his name demanded that an Associated Press reporter leave his sister’s property.

Others in the neighborhood of middle-class, ranch-style houses in Houma, the Terrebonne Parish seat, said the house was originally hers.

She had recently married Freeman, but she and her son Josh — of elementary-school age — had lived there for years, said Glenn Cradeur, who has owned the house two down from hers for 28 years.

He said he believed the boy was not home when his mother was killed.

Cradeur said he noticed no signs of trouble until about two weeks ago, when he saw police vehicles outside the home, responding to what he believed was a domestic dispute.

He returned from traveling to find emergency vehicles outside the house and stunned neighbors gathered nearby.

"It’s shocking, and it’s sad," he said.

———

Associated Press Writer Janet McConnaughey in New Orleans and researcher Judith Ausuebel in New York contributed to this report.

Source

http://abcnews.go.com/m/story?id=21355284

Sleeping passengers caught in fire aboard Nanded-Bangalore Express; 26 killed

http://www.hindustantimes.com/india-news/26-killed-as-nanded-bangalore-exp-train-catches-fire-in-andhra/article1-1167098.aspx

Sleeping passengers caught in fire aboard Nanded-Bangalore Express; 26 killed

As many as 26 people, including two children, are feared dead, and 15 others injured after a fire broke out in a bogie of the Nanded-Bangalore Express in Anantapuram district of Andhra Pradesh today.

Rescue personnel use a stretcher to carry a body near a charred carriage of the Nanded-Bangalore Express near Puttapartihi in Ananthpur district after a fire engulfed the train. (AFP Photo)

The mishap took place near the Kothacheruvu railway station in Anantapur district bordering Karnataka at around 3.30am. Passengers told TV channels they were sleeping when somebody noticed smoke in the B1 AC coach and pulled the emergency chain to stop the train.

Passengers then climbed out of the train when it was still dark and the coach was on fire. According to rescue workers and TV channels, 15 injured passengers were being treated in hospitals in Dharmavaram, Puttaparthi and Anantapur.

CS Gupta, a spokesperson for South Western Railways, confirmed 15 deaths and said casualties could rise. Gupta said most passengers seemed to have choked to death in the smoke that engulfed the coach.

Read: Short circuit could have triggered train fire: Kharge

According to NDTV reports, the train had left Bangalore at 10:45 pm on Friday and was headed for Nanded. It had about 64 passengers, mostly from Karnataka, on board. The fire broke out when the train was near the Prasanthi Nilayam ashram.

Cops inspect the charred bogie of the Nanded-Bangalore Express in Puttaparthi in Ananthpur district. (AFP photo)

Sananda Aruna, additional divisional railway manager, said the fire was doused but identifying the dead would take time because the passenger lists were burnt.

"It is a frightening scene inside the coach. Many are charred, beyond recognition, to death," said Raghuveera Reddy, Andhra Pradesh state revenue minister.

Prime Minister Manmohan Singh has directed Railways and state government authorities to extend all possible help to the victims in rescue and relief operations.

READ: Alert train driver prevented fire from spreading

A compensation of Rs. 5 lakh for the dead and Rs. 50,000 for the injured has been announced by railways minister M Mallikarjun Kharge.

Helpline numbers
Bangalore: 08022354108, 08022259271, 08022156554, 08022156553

Railways: 9731666863

Suddenly every politico is talking about AAP getting funds FROM abroad ! Obviously they can’t understand it , all OTHERS are only SENDING money abroad to Swiss bank ??? How can they understand it !!!

Suddenly every politico is talking about AAP getting funds FROM abroad ! Obviously they can’t understand it , all OTHERS are only SENDING money abroad to Swiss banks ??? How can they understand parties getting money from Indians abroad ???

http://m.indianexpress.com/news/foreign-funding-home-ministry-to-inspect-aap-accounts/1212192/

Foreign funding: Home ministry to inspect AAP accounts

Express news service : New Delhi | Fri Dec 27 2013, 09:06 hrs

Front

Not satisfied with the replies provided by the Aam Aadmi Party (AAP), the Home Ministry plans to inspect the books of accounts of the party in connection with allegations of illegal foreign funding.

AAP had sent replies to queries regarding alleged violation of Foreign Contribution Regulation Act while receiving funds from abroad, ministry officials said. “We need further interaction with AAP as we need some clarification on their replies. We will inspect their books of accounts,” said an official.

Investigations into AAP’s foreign funding started following a directive of the Delhi High Court in response to a public interest litigation.

The AAP, which is set to form the government in Delhi, said it was ready for any kind of probe and insisted that it had taken donations only from Indians — residing in the country and abroad. The Home Ministry foreigner division, which is examining the matter, had sent a questionnaire to the party early last month.

AAP said it collected about Rs 19 crore till November 8 as donations from 63,000 people, including several NRIs. It claimed to have received donations ranging from Rs 10 to several lakhs — from rickshaw pullers, industrialists and people from all walks of life — to fight the polls and bring a “graft-free” administration.

Former Delhi CM Sheila Dikshit had questioned the source of funding of AAP, whose main election plank was to check corruption.

AAP leader Yogendra Yadav said they would be “very happy” if the Home Ministry checked their accounts. “In our earlier reply to the Home Ministry, we answered every query with transparency. We take the passport numbers of any donor from outside the country to ensure that he or she is indeed an Indian citizen. However, once the central government is through with us, perhaps it would please them to investigate the accounts of the BJP and the Congress as well,” Yadav said.

Not just husbands & mothers , even in arms smuggling cases where 35 seamen are in jail no FIR after 60 days !!! Bail with strict conditions. for all you know the case will take 10 years and become and international dispute !!!

Not just husbands & mothers , even in arms smuggling cases where 35 seamen are in jail no FIR after 60 days !!! Bail with strict conditions. for all you know the case will take 10 years and become and international dispute !!!

Tamil Nadu: 35 crew members of US ship get conditional bail

PTI : Tuticorin | Fri Dec 27 2013, 12:19 hrs

Ship

The 35 crew members of the ship MV Seeman Ohio were arrested on October 18 by Tamil Nadu police after it was intercepted by the Coast Guard. (Reuters)

A local court has granted conditional bail to all the 35 crew members of a US ship, arrested on charges of illegally carrying weapons on board the vessel and straying into Indian waters.

In their bail plea, the crew argued that the ‘Q’ branch of Tamil Nadu police had failed to file the charge sheet even after 60 days of their arrest.

After hearing the petition, Judicial Magistrate-I Kathiravan granted them bail on Wednesday ordering that they report at the office of the ‘Q’ branch , investigating the case, and sign every day.

Earlier, their bail pleas had been rejected by a court here and the Madurai Bench of the Madras High Court.

The 35 crew members of the ship MV Seeman Ohio were arrested on October 18 by Tamil Nadu police after it was intercepted by the Coast Guard. They were booked under the Arms Act and Essential Commodities Act.

The crew members were also accused of illegal purchase of diesel from local agents.

Twenty two foreign nationals among the crew are lodged in the Chennai Puzhal Central prison, while another from UK and 12 Indians are in the Palayalamkottai Central Prison in Tirunelveli.

On December 18, the Madurai Bench of the Madras High Court had dismissed their bail petitions, stating the probe was in the initial stage and if they were released on bail, it could affect the investigation.

http://m.indianexpress. com/news/tamil-nadu-35-crew-members- of-us-ship-get-conditional-bail/1212329/

You can get married at a temple , hotel , Mandap wherever , but divorce only at a court

Get married wherever , but go to a court to divorce !!!

The couple signed a deed of divorce and even got remarried , little did the realize that they have to go to a court for divorce !!!

Rejected US visa brings ‘divorced’ couple back in court

MAYURA JANWALKAR : Mumbai | Thu Dec 26 2013, 02:16 hrs

It took a US visa rejection for a Master in Business Management (MBA) graduate to realise that to be able to live with her husband in the US, she would first have to get a court order dissolving her previous marriage.

In a peculiar matrimonial case, the woman and her ex-husband, also remarried, filed a joint petition in the family court seeking divorce by mutual consent, two years after their separation. However, after the family court on October 5 held that their petition was not maintainable, they filed an appeal in the Bombay High Court.

Living under the belief that the “deed of divorce” executed between her and her ex-husband on June 13, 2011, stood as a valid proof of divorce, the woman from Mulund remarried a permanent resident of the US. Her ex-husband too had remarried when they moved the family court seeking divorce.

Their first marriage took place on April 29, 2007, but within a year they decided to part ways citing incompatibility. They notarised the “deed of divorce” executed by them and considered themselves divorced.

On August 10, 2012, the woman married the US-based desktop telecommunication operator. The court was told that he had returned to the US and applied for a visa for his wife after finding a suitable job for her. On September 16, she appeared before the US consulate officials in Mumbai for an interview. However, they did not issue her a visa and informed her that she had not produced a decree of divorce from an Indian court.

“On receipt of the letter dated September 16, for the first time, she came to know that Deed of Divorce dated June 13, 2011, executed between herself and her husband is not a valid decree in the eyes of law,” Justices V K Tahilramani and V L Achliya recorded in their order.

The estranged couple then filed a joint petition for divorce by mutual consent and urged the family court to waive the six month cooling-off period.

The family court, however, rejected their petition primarily on the ground that their marriage had already been dissolved by the “deed of divorce” and hence, a petition for divorce by mutual consent could not be entertained.

The High Court, however, said the family court’s order cannot be sustained either on facts or in law. “The appellants, though acted under impression that their marriage was dissolved by virtue of deed of divorce and remarried after the execution of said deed, but legally the marriage between the appellants still subsists,” the High Court observed.

The High Court added that courts cannot let technicalities impair the dispensation of justice and said no fruitful purpose could be achieved by forcing the parties to wait for six months in passing of the decree, as they had both remarried.

The High Court remanded the case back to the family court and asked it to hear the joint petition for divorce. The estranged couple has been asked to go before the family court on January 2, 2014, to proceed with their petition.

Man gets divorce because wife SAW ghosts !! What is wife herself was a ghost ????

Man gets divorce because wife saw ghosts ! But what if wife herself was a ghost !!! Ok … Ok …. !! That’s Expunged from the remarks !!

Mumbai: Man gets divorce from wife who ‘sees’ ghosts

In a very unusual case, a family court recently granted divorce to a man accepting his allegation that his wife was hallucinating and used to see ghosts and goddesses in their house. The court considered this as a ground amounting to mental cruelty to the husband and granted him divorce.

The couple was married for three months before the woman moved out of the house and filed a first information report (FIR) against her husband and his family members alleging harassment under various sections of the Domestic Violence Act. She also demanded a monthly maintenance amount from the husband. Tired of all her allegations, the husband moved the family court seeking divorce.

In his petition, the husband alleged that the woman used to hallucinate. She had told him that she could see ghosts in their house. She said she even saw a Goddess who told her to jump off from the gallery so that her matrimonial life would be cordial, the petition mentioned.

The petition also alleged that the “woman resided with him only for three months but she made his life hell. She treated him in a cruel manner, harassed him physically as well as mentally and thereafter left the matrimonial home and thus deserted him.”

It was also alleged that when a trip to Goa was planned after their marriage, the woman refused to go. She used to avoid household work and kept reading religious and holy books. She refused to help his mother at her work. She used to lock her bedroom and stay inside. She quarrelled with his parents when they tried to speak to her.

After leaving her matrimonial house, the woman filed several complaints against her husband and his family members which are still pending before the competent courts.

The woman did not respond to the notice issued by the family court. Thus, the court passed an ex-parte order. The court granted divorce to the husband under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act.

http://www.dnaindia.com/mumbai/report-mumbai-man-gets-divorce-from-wife-who-sees-ghosts-1939469

filing false 498a, arresting family members is cruelty, divorce granted, BOMBAY HC

Excerpts
**********************
* wife files false 498a
* complaint by wife calculatedly designed in as much as it was a sort of counter blast to the divorce petition filed by the husband.
* The husband had filed divorce petition on 16.6.03 whereas 498a complaint was lodged by wife on 11.7.03.
* husband and co completely acquitted by judicial magistrate
* judicial magistrate completely disbelieves wife’s false dowry case !!
* Still husband’s divorce petition is dismissed by family court !!
* husband appeals to HC and gets divorce
* JUST 10 YEARS OF LIFE WASTED !!!!

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF – Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FAMILY COURT APPEAL NO. 66 OF 2006

*****************************************************
Ajay Ashok Khedkar ………………. Appellant.
V/s
Sou. Laleeta Ajay Khedkar………………Respondent.
*****************************************************

Mr.Hitesh Vyas, Adv. For the appellant.
Mr.Sachin S. Pande, Adv. For the respondent.
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CORAM: A.P.DESHPANDE AND SMT. R.P. SONDURBALDOTA, JJ.

Date:12th April, 2010.

ORAL JUDGMENT

: (Per Deshpande, J.)

This is family court appeal filed by the unsuccessful husband whose petition for divorce has been dismissed by the Family Court. The appellant and the respondent’s marriage was solemnized as per Hindu rites and customs at Pune on 8.3.2001.

The marriage was an arranged marriage and after the marriage the respondent came to reside with the appellant. The appellant’s mother resides along with the appellant. The petition for divorce was filed on the ground of mental cruelty under section 13(1)(i­a) of the Hindu Marriage Act, 1955.
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2. According to the petitioner on the wedding night itself the respondent alleged that she was deceived in regard to income of the appellant. The respondent allegedly stated that the salary of the appellant as informed to her was much more than what he was actually receiving. It is also alleged that with reference to the number of spectacle the respondent taunted the appellant by saying that she was made to perform marriage with a blind person. Touching those issues the respondent allegedly started quarreling with the petitioner and insulting the petitioner. It is the case of the appellant that since beginning the behaviour of the respondent was arrogant and rude and immediately after the marriage the respondent was insisting that the petitioner should stay separately from his mother in one of the two flats owned by the appellant’s family situated at Raviwar Peth, Pune. According to the appellant he tried to convince the respondent that his mother is old and there is no one else to look after her and hence refused to stay separately. It is also the case of the appellant that the respondent gave threats that she would commit suicide if the appellant fails to reside separately. The respondent also denied conjugal rights to the appellant so as to coerce him to stay separate from his mother. On the above referred allegations touching mental agony and torture divorce petition was filed. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

3. Sometime in December 2002 the respondent went to the house of her parents for delivery. She delivered a girl child on 26.2.03. Despite passage of enough time the respondent did not join the company of the appellant. According to the appellant because of the insistence on the part of respondent to stay separately the marital life was disturbed and peace and harmony was lost. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

On 3.5.03 the father of the respondent brought the respondent to the house of the appellant but without meeting the appellant or his mother respondent’s father went away. On 6.5.03 the respondent called her parents and brother at the house of the appellant. The near relations of the respondent quarreled with the petitioner and his mother and after creating a scene threatened the appellant that they would implicate the appellant and members of his family in false criminal cases. So threatening the appellant, father and brother of the respondent took her away along with them. While leaving the appellant’s residence they said that only if he resides separately the respondent will be sent back. The appellant immediately sent a notice on 9.5.03 asking the respondent to join the company and cohabit with the appellant but instead of joining the company of the appellant the respondent initiated criminal case under section 498A of IPC not only against the appellant and his mother but three other near relations who were staying separately including the uncle, aunt and husband of the aunt. All the persons accused of having committed the offence under section 498A of IPC were arrested by the police and they were detained in custody.

This is the main circumstance which is relied upon by the learned counsel for the appellant to contend that lodging of false case which resulted in arrest and detention of family members of the appellant is singularly sufficient enough to hold that the respondent is guilty of causing mental cruelty and agony to the appellant and thus pressed for grant of decree of divorce. According

to the learned counsel for the appellant arrest and detention of the family members and near relations of the appellant in false case has caused him utmost mental torture. During pendnecy of divorce petition the said criminal case came to be decided by a judgment dated 13.5.05 by Judicial Magistrate, First Class, Pune acquitting the appellant and all his family members from the charge under section 498A of IPC.

4. Perusal of the judgment clearly reveals that the prosecution utterly failed to prove the case put forth by the complainant. The Judicial Magistrate has recorded categoric finding that the complainant’s own testimony falsifies the prosecution case that the complainant was treated cruely and was harassed by the accused persons with a view to coerce her and her parents to meet their unlawful demand of Rs.50,000/­. The Magistrate has totally disbelieved the version of the complainant/wife and has acquitted the accused persons. On a careful reading of the judgment rendered in the case of prosecution under section 498A of IPC one thing is crystal clear and it can be safely assumed that the wife had filed a false case not only against her husband and mother­in­law but had unnecessarily roped in other near relations. It is obvious that on account of arrest and detention of the husband and his family members respondent has treated the appellant with utmost mental cruelty and the appellant has suffered agony. It will not be out of place to mention that the complaint filed by the wife was calculatedly designed in as much as it was a sort of counter blast to the divorce petition filed by the husband. The appellant had filed divorce petition on 16.6.03 whereas the complaint was lodged by the respondent­wife on 11.7.03. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

5. Learned counsel for the appellant submits that the appellant and his family members including ladies who did not stay along with the appellant were arrested and detained causing utmost humiliation and embarrassment and agony to the appellant. This solitary incidence would itself constitute mental cruelty even if other circumstances are not taken into account and thus the trial court has erred in law in dismissing the divorce petition. Para 29 of the judgment of family court deals with this aspect of the matter by observing :

There can not be absolutely two opinions regarding legal proposition that if the wife filed false criminal cases against the husband, her conduct does amount to causing mental cruelty and torture to him, therefore, the husband becomes entitled for a decree of divorce. The necessary condition for constituting such legal cruelty is that the wife has indulged into making false and reckless allegation by filing false complaint to the police. A singular complaint filed by wife under section 498A of IPC against the husband and his family members can not indicate the tendency of wife to indulge into making such false allegation.”

We fail to understand the logic behind the reasoning adopted by the family court to hold that a singular complaint of this nature under section 498A of IPC resulting in arrest and detention of the family members and relatives thereby causing utmost embarrassment, humiliation and suffering does not constitute mental cruelty. It is illogical that more than one complaint are necessary to be filed to constitute mental cruelty. In our view, embarrassment, humiliation and suffering that is caused on account of arrest and detention of appellant and his family members and relatives in a false case does constitute mental cruelty to enable the husband to seek decree of divorce on this sole ground. In our considered opinion, the approach of the family court is wholly perverse and the reasoning cannot be sustained in law.

In regard to other circumstances the family court has observed :

“At the most one can infer that this conduct of the respondent may have caused some disharmony between the couple but in no way it can be said that it was sufficient to constitute a mental cruelty to petitioner or his mother.”

Without deliberating on all the circumstances in detail we are of the clear view that cumulative effect of the behaviour and conduct of the respondent is good enough to draw an inference that respondent has caused utmost mental pain and suffering which constitute mental cruelty to the appellant and hence the appellant is entitled for decree of divorce on the ground of cruelty. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

6. This brings us to the consideration of question of granting maintenance to the girl child who is aged about 8 years. The family court in exercise of powers under section 24 had granted interim maintenance of Rs.700/­ p.m. whereas this Court by an interim order has raised it to Rs.1000/­ p.m. The appellant so also the respondent are both gainfully employed. They are earning in the range of Rs.5000 to 7000 per month each. The child is in custody of the respondent­mother. Learned counsel for the appellant on instructions from his client who is present in the court submitted that the appellant would pay a sum of Rs.1.5 lacs towards permanent alimony for the maintenance of child. Having found the said amount insufficient we persuaded the counsel for the appellant to raise the amount so that monthly interest on the said amount works out in the range of Rs.2000 per month. The mother of the appellant has come forward to contribute further sum of Rs.1.5 lacs towards maintenance of the child. In our view if the appellant pays sum of Rs.3 lacs by way of permanent alimony for the maintenance of child the said amount if kept in fixed deposit can fetch interest of Rs.2000/­ per month and the same could be utilized by the respondent for upbringing of the daughter.

In the result we pass the following order:

(i) The marriage of the appellant and respondent stands dissolved by a decree of divorce under section 13(1)(i­a) ;

(ii) The appellant shall pay sum of Rs.3 lacs by way of permanent alimony for the maintenance of the girl child. The said amount of Rs.3 lacs shall be invested in fixed deposit in a nationalized bank and the respondent is permitted to withdraw the interest accrued thereon quarterly. The amount of Rs.3 lacs shall be invested in the fixed deposit within two months from today in the name of the minor child and the respondent would be shown as her guardian;

(iii) The said sum of Rs.3 lacs shall be kept invested in fixed deposit till the child attains majority.

(iv) Appeal is allowed with no order as to costs.

8.4.2010.

At this stage the learned counsel for the respondent seeks stay of this order. Having regard to the peculiar facts and circumstances we do not find any reason to stay the impugned order. Hence the prayer is rejected.

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regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

the rights of the legitimate wife and kid are in jeopardy as love-kids get share of moolah !! women and children beware ! your man’s past can come back as a rape case and / or as a demand for lifelong maintenance !!!! I do NOT understand why this is rare !! because children were ALWAYS eligible for maintenance !!!!!

the rights of the legitimate wife and kid are in jeopardy as love-kids get share of moolah !! women and children beware ! your man’s past can come back as a rape case and / or as a demand for lifelong maintenance !!!!

I do NOT understand why this is rare !! because children were ALWAYS eligible for maintenance !!!!!

>>>>>>>>>>>>>>> news from TOI >>>>>>>>>>>>>>>>

Family court orders maintenance for child born of love affair

AHMEDABAD: In a rare judgement, a family court ordered a man to pay maintenance to his child born out of his love affair before his marriage to another woman.

Family court judge M J Mehta ordered Rajkumar Adidravid on Tuesday to pay Rs 2,700 per month as maintenance to the boy and also pay arrears of Rs 1.14 lakh at 2,700 per month from the date of filing of case in June 2010.

The court gave the judgement based on a DNA test report which proved that Adidravid fathered the child.

Saying that bringing up the child is the father’s responsibility, the court directed Indian Railways, where the man works, to deduct compensation amount from the his salary and give it to the child’s mother.

The child’s mother had approached the family court demanding that Adidravid should pay maintenance of Rs 15,000 per month to bring up the child and also demanded arrears of Rs 10 lakh.

As per case details, the child’s mother had entered into a relationship with the Adidravid in 2004 after he promised her marriage.

However, Adidravid broke his promise, went to his native village in Tamil Nadu and married another girl, while his earlier partner gave a birth to a boy.

After she learnt about his marriage, she approached the police and filed a complaint of rape against him.

In 2007, a city court convicted Adidravid to seven years of imprisonment, but the high court acquitted him in the case of rape, ruling that the relationship was "consensual".

The victim’s advocate Samshad Pathan said that they had presented the DNA test report and other medical test reports before the family court to prove that Adidravid was the biological father of the child.

In his defence, Adidravid had said that DNA test is not a conclusive evidence and that he could not afford to pay maintenance, since he is the father of two children.

source

http:// timesofindia.indiatimes.com/city/ahmedabad/ Family-court-orders-maintenance-for-child-born-of-love-affair/articleshow/27919142.cms

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regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist