Monthly Archives: June 2007

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

Supreme court of India !!! :

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

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

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

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

More at

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

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

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

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

More at

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

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

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

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

More at

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

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

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

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

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

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

Wife gets custody.

More at

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

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

IAS officer’s wife wages RTI battle

Shweta Ganesh Kumar

CNN-IBN

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

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


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

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

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

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

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

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

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

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

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