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

Excerpts
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* 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 !!!!

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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 Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo .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

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

India is the rape capital of the world … Here’s one reason why : “…filing a rape complaint to try to secure a marriage is one of the few tools these women have to achieve social acceptance. Interviews nationwide suggest the practice is relatively common !!!… “

India is now the rape capital of the world

Ever wonder why ???

"…… filing a rape complaint to try to secure a marriage is one of the few tools these women have to achieve social acceptance. Interviews nationwide suggest the practice is relatively common !!!!!……"

http://m. europe.wsj.com/ articles/ SB10001424052702303460004579192040826366178? mobile=y

Indian Rape Law Offers Desperate Last Resort

NEW DELHI—It wasn’t going to be a fancy wedding, just a civil ceremony at the courthouse. Still, Rajni Gautam was elated finally to be marrying the man she loved—and the father of her unborn child.

The groom failed to show, however. Ms. Gautam says she phoned him, and her heart sank. "I heard the sound of a train."

Her husband-to-be had taken off.

So later that week, Ms. Gautam says, she did the only thing a woman in her position could do: She filed a rape complaint against him.

"I didn’t have any other option," says Ms. Gautam, who is 26, and who was two months pregnant when this happened late last year. She hoped to force him to come back and go through with the marriage.

Across India, police and women’s advocates say they are dealing with a flood of rape complaints like Ms. Gautam’s. No one keeps a tally, but the cases are common enough that police in the capital city of New Delhi have a special term for them: "false promise" complaints, referring to men who promise marriage in hopes of persuading a woman to agree to sex.

Young women in India are gaining far greater social freedoms—to work, to study, to date—than in the past. However, for large parts of the population, tradition still holds that premarital sex is an absolute no-no with harsh consequences. Pregnant, unmarried women in particular may suffer ostracism from families, a sole avenue for support, as well as harassment.

Paradoxically, filing a rape complaint to try to secure a marriage is one of the few tools these women have to achieve social acceptance. Interviews nationwide with more than two dozen law-enforcement officials, lawyers and women’s advocates, as well as women who themselves used India’s rape law this way, suggest the practice is relatively common. And it is legal, as courts have ruled.

"If the girl has conceived, then the boy must go for marriage," says Bahar U. Barqi, a New Delhi lawyer who this year represented a man accused of making false promises to obtain sex. "Her image in the society is more vulnerable than a man’s."

India this year is in the throes of a profound self-examination regarding the status of women, prompted by the gang rape and murder of a 23-year-old physiotherapy student on a New Delhi bus that led to the conviction of four men on rape, murder and kidnapping charges, among others. The case ended a taboo on public discussion of sexual violence.

Since then, many horrific assaults have made headlines, including the alleged gang rape of a 5-year-old in Delhi, a case that remains before the courts. In recent weeks a top Indian journalist came under investigation for allegedly sexually assaulting an employee. He says he is innocent.

"False promise" complaints are a different phenomenon. They typically don’t involve allegations of violence. They differ from date rape or marital rape—situations in which a woman is sexually assaulted by an intimate partner. Indian law doesn’t recognize rape within marriage unless the woman is younger than 15.

False-promise allegations often don’t involve a single sexual incident, but rather the contention that all of the sex within a relationship was actually rape, because consent was gained using deception.

The cases reflect an important truth about the place of women here: Across wide swaths of Indian society, women known to have had sexual relations or to have given birth out of wedlock can face extreme stigma and have almost no good options.

Courts have started to recognize this vulnerability.

A "live-in or marriage-like relationship is neither a crime nor a sin though socially unacceptable in this country," India’s Supreme Court said in a judgment this week in the case of an unmarried woman seeking financial support from a man she had lived with. When a relationship breaks down, "the woman invariably is the sufferer," the court said.

Several Supreme Court rulings have held that consenting to sex "under a misconception of fact"—including an insincere marriage proposal—isn’t actually consent. This past May, India’s Supreme Court issued a ruling that says, "Such a physical relationship would be tantamount to committing rape."

It is difficult to find precise records on these cases. A senior official at the Delhi Commission on Women, which tracks sex crimes, said that false-promise cases account for about a quarter of the average 250 cases a month that the police refer to nonprofit counseling centers.

A review of one Delhi police district’s reports shows that, of 200 referrals to the agency in the first 10 months of the year, 111 were rape complaints, 48 of which involved adult women. About half of those involved couples in long-term relationships, the report noted, in some cases living together.

In Mumbai, lawyer Flavia Agnes, who works with rape survivors, says, "I would roughly put it that one-third of total cases recorded as rape belong in this category."

False-promise cases make it harder for women to win convictions in other kinds of rape and sexual-violence cases, prosecutors say. "If the girl is 18 years [or older], some of the courts would think, ‘Oh, she was a consenting party,’" says B.S. Joon, director of Delhi’s public prosecution agency.

In addition, in some conservative communities, a woman who has been raped may feel pressure to marry her attacker because her relatives fear no one else will want her. The fact that rape complaints against some men get dropped when they marry their accusers instills confidence in other suspects to offer marriage as a bargaining chip, lawyers and police say.

Ms. Gautam’s wedding was set for Dec. 18, 2012. When she phoned her fleeing fiancé, Chandra Bhushan, and reached him on the train, he told her that he was bound for his parents’ house in another state.

She says she told him: "You are ruining two lives," referring to herself and the baby she carried.

Mr. Bhushan, 33, confirms failing to show up, saying he faced heavy family pressure not to wed Ms. Gautam. "There are a lot of expectations on sons," he says. But Mr. Bhushan says he always intended to return and marry her.

Soon after Mr. Bhushan left her, Ms. Gautam says, she swallowed a dozen sleeping pills in an attempt to commit suicide. Her younger sister, Bobby, says she saw the empty medicine bottle and took Ms. Gautam to the hospital.

"I had read about cases like this in the papers," says Bobby, who is 18 and studying to join the police herself. At that time—coincidentally, just days after the Dec. 16 gang rape on the New Delhi bus—Bobby says she was feeling angry about the treatment of women.

She says she learned in school that there is no advantage in being passive. "A girl who was sweet and innocent would get harassed more," she says.

Ms. Gautam was persuaded by her sister not to accept Mr. Bhushan’s departure. "He never thought I would go to the police," says Ms. Gautam. "I wanted to show him I wasn’t powerless."

Ms. Gautam’s case was assigned to Pinki Rana, a 24-year-old investigator with the Delhi Police. Since she completed her field training last December, the majority of the sex-crimes complaints she has dealt with have involved women who, she says, allege they were "tricked into bed by men they trusted, men who promised marriage and who fled."

For instance, Ms. Rana says, of 17 rape cases she handled in the first half of this year, about a dozen were filed by women against their boyfriends. It can be "very, very confusing," she says. Generally, she says, in those cases, the woman’s goal is to get the man to marry her, not to win a conviction.

Some women’s rights groups say they believe such cases are on the rise because men and women socialize more freely in urban areas, where they are often far from family and freed from many of the stricter traditional constraints of village life.

"It is increasing. Every year it is increasing," says K.C. Rosakkutty, chairwoman of the Kerala Women’s Commission, a government agency in the southern state of Kerala. It was less common before, she says, "because the girls were not as willing to go with the men as they are now."

In another false-promise case this year, Rashmi, a 26-year-old architect in Delhi, filed a rape complaint against her longtime boyfriend, Alok, 31, in January to press him to marry her. He agreed. The two wed in February and now have a baby daughter.

The pair spoke on the condition that their surnames not be used.

Alok, who was represented in his case by the lawyer Mr. Barqi, says he and Rashmi met five years ago working in a Delhi office. When colleagues ordered pizza and veggie burgers for lunch, Alok and Rashmi would chat. He remembers thinking, "This is not wrong. We can’t be as narrow-minded as our parents."

Says Rashmi: "I didn’t plan to fall in love." But "he was so decent…he treated everyone the same, with respect."

When Alok asked his parents about marrying Rashmi, he says, they disapproved. They said he needed a wife who understood the customs and spoke the dialect of their village, and would take care of them. Last year, his parents arranged for Alok to be engaged to a local woman.

Even so, Alok kept seeing Rashmi. In January, she found she was pregnant. She began calling Alok repeatedly, pressing him to marry her. When he was reluctant, she went to the police.

As Ms. Rosakutty of the Kerala Women’s Commission puts it, when a man leaves the relationship, the woman is always the loser. "She will be marked," she says.

Like Rashmi, Ms. Gautam says she was desperate to avoid that fate—for the second time in her life.

When she was 21, living on her own in Delhi and studying to be an accountant, she dated a water-filter salesman. After she became pregnant with his baby, she says she discovered he was already married. She decided to raise the child on her own.

As an unwed mother, Ms. Gautam says, she received unwelcome attention from men. "They proposition you," she says. "They try to take advantage."

Eventually she and Mr. Bhushan, who lived nearby after coming to the city to study chartered accounting, became romantically involved. Mr. Bhushan helped look after Ms. Gautam’s daughter, she says. Her daughter’s birthday falls in October, as does Mr. Bhushan’s, so they began celebrating together.

When Ms. Gautam became pregnant again, Mr. Bhushan at first suggested an abortion. "At that point, because my family wasn’t letting me marry her, I thought that was the only way to protect her," says Mr. Bhushan.

Ms. Gautam refused, and Mr. Bhushan agreed to disobey his parents and wed her, she says. But on the wedding day, he got cold feet.

Ms. Rana, the police inspector on the case, says that, after hearing the details, she felt strongly that Ms. Gautam had been wronged. "If the police don’t help, the life of a pregnant woman, of her child, would be ruined," says Ms. Rana. "What kind of life would she have?"

The inspector traced Mr. Bhushan’s phone, questioned his family members, and tracked him down in neighboring Nepal. He returned to India and was jailed for two months as prosecutors weighed filing charges against him.

Indian law covering rape, although overhauled earlier this year following the Delhi gang rape, is complicated by language inherited from the 19th century. Back then, it was more common for a woman never to have seen her husband before her wedding night. Thus, the law protects women from being tricked into sex by a man masquerading as her husband.

Some police officers cite this section of the law as the basis for registering a false-promise complaint.

Specifically, the law says that if a woman consents to sex with a man "because she believes that he is another man to whom she is or believes herself to be lawfully married," the man misleading her is guilty of rape.

Some courts are questioning or trying to more narrowly define these legal grounds. In the May Supreme Court ruling, the judge also said that a man who intended to marry a woman and became sexually involved, but later changed his mind because of "unavoidable circumstances," shouldn’t be guilty of rape.

In October, a New Delhi trial-court judge acquitted a man of a rape charge, finding that sex between him and his partner was consensual.

"Of late this court has experienced a trend where the girl says that the boy took her to a room, applied vermilion on her forehead, put garland around her neck and declared that they are now husband and wife," Judge Virender Bhatt wrote in his verdict, referring to rituals that form part of some Hindu marriage ceremonies. "Then they indulge in sexual intercourse with each other, with the consent of the girl and later on the girl alleges rape on the false assurance of marriage. This is a very disturbing trend."

The judge didn’t respond to requests for comment.

Mr. Bhushan says that after he met Ms. Gautam seven years ago, his feelings for her quickly reached an "extreme level." They started dating in 2010, he says, but for the first two years he kept it secret from his parents.

When he did tell them, he says, they reacted "very badly." They had previously told him that he would be "eligible" for marriage after finishing his accounting degree, a profession chosen for Mr. Bhushan by his father, he says.

"Observing their reaction, I began plowing their way," he says.

Women sometimes condemn themselves for premarital sex, according to one former rape counselor who worked in Ms. Rana’s police station. The counselor, Shikha, who goes by a single name, described the case of a woman seeking police help to marry her boyfriend—even though the man had struck her. The counselor says she asked the woman if it would be better to make a fresh start. The woman responded: "I’ve had sex with him. Now if I have sex with some other man, how would I be different from a prostitute?"

After Mr. Bhushan’s arrest earlier this year, his lawyer filed a court affidavit that his client was ready to marry Ms. Gautam, according to the police. In February, a High Court judge granted temporary bail so that Mr. Bhushan and Ms. Gautam could wed.

The two tied the knot in March. Ms. Gautam now goes by Mrs. Bhushan. She had her baby, a second daughter, in June.

In August, Mr. Bhushan appeared before Delhi High Court Justice Hima Kohli, asking her to quash the criminal complaint filed by his wife. Mrs. Bhushan stood beside him, holding their child.

"In view of the fact that since the parties have got married, the present petition is allowed," the judge wrote in her order ending the case.

This year alone, court records show that Justice Kohli has heard more than 20 requests to quash rape cases centered on men accused of reneging on their marriage promises. Half the requests were granted because weddings had taken place. Others were deferred until the court received confirmation of the marriage, or that the woman was being well treated in her married home. Justice Kohli didn’t respond to interview requests.

Mrs. Bhushan says her own marriage "wouldn’t have happened" if she hadn’t gone to the police. She says she was determined that her daughters not grow up without a father. Her older daughter now calls Mr. Bhushan "papa."

Mr. Bhushan says his father hasn’t reconciled himself to the marriage, but that his mother has offered "emotional support." None of his relatives came for the birth of their child, he says.

Mr. Bhushan says he loves his daughter, and that he would have married Mrs. Bhushan even without police intervention.

But, he says, he hasn’t come to terms yet with disappointing his parents, or with losing his standing in his home village, where he used to be known as a local boy who made good in the big city.

"Now, who will take me as a role model?" he says. "They will say he got married and he didn’t even take his parents’ permission."

Write to Tripti Lahiri at tripti.lahiri and Preetika Rana at preetika.rana

All professors and college candle light holders beware !!!! It’s soon comming back to you …. IIT-Madras suspends professor after student alleges sexual harassment – The Times of India

All college professors and candle light holders beware

It’s soon comming to you

IIT-Madras suspends professor after student alleges sexual harassment – The Times of India

CHENNAI: The board of governors of IIT-Madras has suspended a professor on charges of sexually harassing a research scholar who accompanied him on an academic tour of Europe in September. The suspension followed a probe by the complaints committee against sexual harassment of the institute which said B Ramamoorthy, a professor of mechanical engineering, behaved in "an improper manner, displaying what may be referred to as mala fide intentions towards a student who trusted him".

The research scholar had complained that the professor, with whom she had gone to Poland for a science conference in September this year, asked her to sleep in his hotel room. The student alleged she left the hotel after the professor tried to force himself on her at night.

Sources said the IIT-M governing body decided to suspend the professor based on recommendations of the inquiry report submitted two months ago. She had been through "severe depression and weight loss" in the weeks following the incident, according to statements of her friends, as recorded by the inquiry committee.

It found that the professor told the student to stay in his room and that she accepted it with the knowledge of her mother and a friend, since she didn’t find anything wrong in sharing a room in a city in Southern Poland. The professor told the inquiry committee that he suggested her to stay with him considering her safety, and because she did not have enough money to pay for a room, said a source close to the panel. However, the inquiry found that after she left the room, he did not call her or try to find about her whereabouts to know if she was safe.

Ramamoorthi was not available for comment.

IIT-M director Bhaskar Ramamurthy and registrar VG Bhooma refused to reply to queries from TOI. A statement from the registrar’s office said: "As per section 16 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, details regarding complaint of sexual harassment, if any, cannot be disclosed. In the light of the above, IIT-Madras is not in a position to give any details of complaints of sexual harassment received by us, whether past or present."

It said any complaint received is immediately forwarded to the complaints committee against sexual harassment which independently inquires into them.

http://m.timesofindia.com/ india/IIT-Madras-suspends-professor-after-student-alleges -sexual-harassment/articleshow/ 27869547.cms

Whaaat ? man in jail for a decade on foisted charges ???? and He had been in prison for all these years owing to the negligence of the investigating officer ? and no punishment for the investigating officer ????

Whaaat ? man in jail for a decade on foisted charges ???? and He had been in prison for all these years owing to the negligence of the investigating officer ? and no punishment for the investigating officer ????

Bengal

Man serving life term for murder acquitted

The Statesman25 Dec 2013 |

STATESMAN NEWS SERVICE Kolkata, 24 December

Mr Jagat Sarkar who has been serving a life imprisonment on a murder charge has been acquitted by the Division Bench of Mr Justice Aniruddha Bose and Mr Justice Shib Sadhan Sadhu of Calcutta High Court today.

There is no proof of the crime to pronounce a life term, the court observed.

The blame for the crime appears to have been foisted upon the accused, it was observed.

He had been in prison for all these years owing to the negligence of the investigating officer, it was further observed.

Mr Sarkar who had been accused of killing Shakti Chakraborty was given a life sentence by the additional district judge, Fast Track Court, Howrah in May 2005.

The accused had surrendered at Bali police station after the crime and was subsequently arrested on April 2004, the prosecuting counsel had submitted during the trial.

The accused had also offered to take the men in uniform to the corpse, it was further submitted.

Mr Sarkar had appealed against the conviction.

There is no eye-witness to the incident, Mr Jayanta Narayan Chatterjee submitted appearing for Mr Sarkar.

Locals had discovered the body with the weapon which is contrary to the police’s version of the incident, it was further submitted.

source
the statesman

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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

You fella … Sexual relations & Dating before marriage ??? That’s rape da fella …. that’s rape in india …. Put him behind bars till he marries that woman ….and even his marriage has to be in the jail !!!!!!

You fella … Sexual relations & Dating before marriage ??? That’s rape da fella …. that’s rape in india …. Put him behind bars till he marries that woman ….and even his marriage has to be in the jail !!!!!! You can be a crore pathy or a pauper …the rules are simple and clear …..

In India you can’t date, have sex before marriage , decide on your mutual understanding and then marry….. The moment you touch a woman, she becomes your wife or if that is not possible, then it becomes rape !!!! Plain and simple

Rape accused to marry victim in jail today

JAIPUR: The new year is ringing happiness to a 26-year-old youth who was lodged in the central jail here on charges of rape. On Christmas day, the jail will witness the nikaah ceremony of the undertrial prisoner with the girl who had implicated him in a rape case on October 6.

While hearing a bail application of an undertrial prisoner, Mohsin Khan, lodged atJaipur central jail, Justice KS Ahaluwalia of Rajasthan high court allowed the prisoner to marry the girl in the jail. The girl’s family has also consented over it.

The jail authorities were directed to allow two witnesses each from the prisoner and girl’s side and 1 qazi for the nikaah ceremony which would be organised at the office of superintendent of jail.

"The inmate Mohsin Khan (26) was arrested by Transport Nagar police after a case of rape was lodged by the mother of the girl on October 6. The mother had said in the complaint that her daughter was raped allegedly by Mohsin on the promise of marrying her," said Nawab Ali Rathor, counsel for Mohsin on Tuesday.

"The girl in her statements before the magistrate had also stated that the accused had promised to marry her and thus made physical relationship," Rathore added.

Thus, Mohsin while applying for bail application some days ago, contended before the court that he never opposed to marry the girl and was always willing for the marriage. On these grounds we had filed a bail application before the court.

"The court also sought the consent of the girl and her family and allowed my client to marry the girl. The court has further directed the jail authorities to arrange for the nikaah ceremony to be held on December 25 within the jail. The court has given January 2 as the next date of hearing of the bail application of my client," Ali added.

The prisoner will also have to submit the nikaah certificate while the bail application would be heard on January, 2.

Meanwhile, jail authorities said that they will abide by the directions of the high court. "We will allow 1 qazi, 2 witnesses each from the girl and prisoner’s side and the nikaah ceremony will be held at my office," said Pramod Sharma, jail superintendent, Jaipur.

Source

http://timesofindia.indiatimes.com/city/jaipur/Rape-accused-to-marry-victim-in-jail-today/articleshow/27871780.cms

The more false cases, the more terrible the statistics,… The terrible the statistics, the harsher the law, the harsher the law more the false cases !!! The cycle continues and the system continues to milk the men… Every now and then a gangly or tejpal, otherwise it is millions of common men !!!!!

The more false cases, the more terrible the statistics,… The terrible the statistics, the harsher the law, the harsher the law more the false cases !!! The cycle continues and the system continues to milk the men… Every now and then a gangly or tejpal, otherwise it is millions of common men !!!!!

Rape cases increase by 70% in three years ( news from times of india )

UDAIPUR: Crimes against women are on an upsurge in the state, reveals the statistics of police. The major crimes against women include rape, kidnap, abduction, homicide for dowry, torture, molestation, sexual harassment and trafficking.

Except for dowry deaths, cases of all the other types have increased significantly in the last three years with eve teasing cases topping the chart with an alarming 85.17% increase. There were 1,976 cases of eve teasing in 2011 that increased to 3,569 till September 2013.

There has also been a rise in the number of rapes. In 2011, a total of 1,468 rape cases had been registered in the state and by September this year, the number touched 2,505 cases, which is a 70.64% increase. Similarly, figures indicate a rise in kidnap and abduction cases by more than 47% this year compared to 2011 data.

Domestic violence cases registered under Section 498-A have also witnessed a huge increase with figures touching the mark of 12,000 this year when the number was below 10,000 two years back. The only category that gives some relief is dowry deaths, where the number has decreased by 11.5% compared to 2011.

Overall crimes against women have increased by 38% in the last three years in the state which portrays a sorry state of affairs for the weaker gender despite regulations getting stricter. Case studies indicate poorer sections of society and minors as prime targets of rape. Psychoanalysts believe that the conditions in which this social strata lives makes them vulnerable to inducements. Alarmingly, in almost 90% of the cases offenders were known to the victims and those involved included family members, relatives, neighbours or friends.

Recent incidents

A 21-year-old college student was arrested for allegedly raping a 14-year-old girl in Udaipur on December 14, 2013. The victim and the accused were neighbours and the latter had persuaded the girl to visit his rented flat on the pretext of uploading content on his laptop.

A Jaipur girl, 10, was allegedly raped by her stepfather in Mansarovar’s Pitambar Nagar on November 12 this year.

A seven-year-old girl was raped by two men on Jan 19, 2013. The girl was found bleeding and unconscious in Matsya Industrial Area in Alwar town.

A female was subjected to sexual assault, rape and blackmailing by a man she got friendly with after few telephonic conversations. The accused, who was arrested on December 15 in Udaipur, had acquired gold ornaments worth lakhs from the victim by threatening to broadcast her obscene videos on social networking sites.

Alarming increase

Cases2011 2012 2013(Sept)Difference Increase/decrease (%)

Domestic violence 9606 10857 11978 237224.69 %

Rape 1468 1596 2505 1037 70.64 %

Eve teasing1976 1845 3659 1683 85.17%

Abduction/ kidnap 2184 2202 3219 1035 47.39 %

Dowry death400 362 354-46 -11.50 %

Suicide abetment152 122 140 -12-7.89 %

Others703 708 972 269 38.26 %

Total16489 17692 22827 6338 38.44 %

* State crime records bureau data.

From times of india