Monthly Archives: April 2008

“My daughter-in-law is being pressurized to lodge a false case of dowry harassment against me”

“My daughter-in-law is being pressurized to lodge a false case of dowry harassment against me”

Printed from
The Times of India -Breaking news, views. reviews, cricket from across India
1984 riots: CBI to record Surinder’s statement today
21 Feb 2008, 0322 hrs IST,TNN

SMS NEWS to 58888 for latest updates

CHANDIGARH: For Bhai Surinder Singh, a key witness in the 1984 anti-Sikh riots case being investigated by the CBI, it’s one battle won. The investigating agency contacted Singh’s lawyer Navkiran Singh on Wednesday, informing him that his client should present himself in the local CBI office in Sector 30 at 11 am on Thursday to record his statement before DSP SS Kishore from Delhi.

However, there has been no word on Navkiran’s other client, US-based Jasbir Singh, who apprehends threat to his life and has refused to come to India.

Both Jasbir and Surinder are witnesses against Congress leader Jagdish Tytler, who has been accused of leading a mob against Sikhs during 1984 riots. Post the summons, Surinder sounded upbeat but claimed that the pressure was still there on his family in Delhi. “My daughter-in-law is being pressurized to lodge a false case of dowry harassment against me. In return, she is being assured a passage to Canada, where my son and her husband, now lives. We have been trying to send her to Canada for the past several years, but Tytler seems to have had an upper hand.” Regarding his plea to the Punjab government to provide him security and means of livelihood since he cannot return to Delhi, adviser to the chief minister, Daljit Singh Cheema said the government “is doing the needful”.

On Tuesday, he had told TOI that there had been no positive response from the CBI despite his attempts to contact it in the past one week. Earlier, on February 13, Surinder had reiterated his resolve to give his side of the story after years of “living under pressure and facing threat to life”.

Source URL :
http://timesofindia.indiatimes.com/rssarticleshow/msid-2799842,prtpage-1.cms

regards, vinayak

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

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

Blogs :
More die due to exam failure than due to Dowry !!!
Majority of dowry cases are false: SP
No maintenance for wife who can’t prove cruelty: HC
Unmarried Female on pill, delivers a baby in toilet
Triple Talaq is a Legally valid form of Divorce – Madras HC
A failed marriage is not a crime however…
torture allegations are approx 6 times dowry DEATH FIRs !
Marriage cannot be dissolved at the drop of a hat: HC: Mubai
…. and some case laws …
Ramakrishna v. Priya Ganesan – Custody of Minor child
Irretrievable break down of marriage
vast difference between “could have been”, “must have been” and “has been”.

Wife kills three kids, files false dowry case, threatens to wipe out the husband and his family, before husband gets divorce !!

Wife kills three kids, files false dowry case, threatens to wipe out the husband and his family, before husband gets divorce !!

Abuse, threat by wife ground for divorce: SC

22 Feb 2007, 0047 hrs IST,Dhananjay Mahapatra,TNN

NEW DELHI: In probably the first case of its kind, a husband sought divorce from his wife on the ground of mental cruelty.

The latter was convicted by the trial court for murdering their three children, threatening to lodge false cases against her husband and even going to the extent of threatening to kill him.

On the day of her conviction by the trial court in Rajasthan, she threatened her husband with dire consequences. As she was pregnant at that time, she was granted bail and while on bail, she filed dowry harassment cases against her husband, which the police after investigation certified as false.

These are enough grounds for the husband to seek divorce and the civil court as well as the Jodhpur Bench of Rajasthan High Court rightly granted him a divorce decree, the Supreme Court said on Wednesday dismissing her appeal challenging the HC order.

Narrating the agonisingly excruciating experience of living with the woman after marriage in 1993, the man said she used to keep up the children with ropes and even attempted to throw them down from the rooftop while threatening him that she would wipe out his entire family.

On April 5, 2002, she left home with the three children to visit her parental home in the same village. After a search, the bodies of the children were recovered from the village well and the woman was also brought out from it.

The physical and mental torture, the threat on the day of her conviction and the false cases filed against her husband while on bail were the grounds that weighed on the mind of the court in granting divorce to him.

Laying down a general guideline for courts dealing with petitions seeking divorce on the ground of cruelty, an apex court Bench comprising Justices Arijit Pasayat and Dalveer Bhandari said it must be something more serious than “ordinary wear and tear of married life”.

“To constitute cruelty, the conduct complained of should be grave and weighty so as to come to the conclusion that the petitioner spouse cannot be reasonably expected to live with the other spouse,” said Justice Pasayat, writing for the Bench.

Petty quibbles, trifling differences should not be exaggerated and magnified to destroy what is said to have been made in heaven, the Bench said and advised the courts dealing with divorce petitions to weigh the accusations among spouses on this scale.

However, it warned them not to a hyper-sensitive view of such matters as it would be counter-productive to the institution of marriage.

Source URL
http://timesofindia.indiatimes.com/articleshow/1653928.cms

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

regards, vinayak

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

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

Blogs :
More die due to exam failure than due to Dowry !!!
Majority of dowry cases are false: SP
No maintenance for wife who can’t prove cruelty: HC
Unmarried Female on pill, delivers a baby in toilet
Triple Talaq is a Legally valid form of Divorce – Madras HC
A failed marriage is not a crime however…
torture allegations are approx 6 times dowry DEATH FIRs !
Marriage cannot be dissolved at the drop of a hat: HC: Mubai
…. and some case laws …
Ramakrishna v. Priya Ganesan – Custody of Minor child
Irretrievable break down of marriage
vast difference between “could have been”, “must have been” and “has been”.

My whole life for the past 12 years has been dominated by my wife’s false charges ..”

” …. My whole life for the past 12 years has been dominated by my wife’s false charges of dowry harassment against me,” said Gujarat engineer Ashok Patel, whose case has just been settled….”

India burns midnight oil for justice

Amrit Dhillon, Delhi

March 17, 2007

SPECIAL night courts have been set up in India’s western state of Gujarat to help clear some of the up-to 30 million cases currently choking the country’s legal system.


The Indian judicial system is notorious for its delays, with most civil and criminal cases taking up to 15-20 years to be settled. Divorced women go grey while waiting for maintenance. Children grow into adults while their divorced parents await a verdict on who will get custody. And people whose loved ones have been murdered age and die without the murderer being convicted.


The night court hearings are an experiment that began last November. The 44 night courts go on throughout the evening to clear the huge backlog of cases. Since November, 39,000 cases have been disposed of. The total number of pending cases in Gujarat is 3.2 million.


The Chief Justice of India, K. G. Balakrishnan, has said that if it proves successful, it will be replicated throughout India.


For millions of Indians, whose lives are traumatised by endless hearings and adjournments and huge lawyers’ bills stretched over more than a decade, the relief will be immense.


“My whole life for the past 12 years has been dominated by my wife’s false charges of dowry harassment against me,” said Gujarat engineer Ashok Patel, whose case has just been settled.


“Until December, only three of the seven witnesses had been examined. It could go on for another 12 or 15 years.”


For poor Indians, the mental burden, time and cost of fighting a case can make them think twice about seeking justice. The biggest advantage of the night courts is that litigants need not take time off work and lose income. Court employees, including judges, are being paid 25 per cent of their salaries as extra pay for working at night.


The monumental delays in civil cases are caused primarily by technical snags and lawyers’ endless delaying tactics.


In criminal cases, it is more complicated. Often the police are tardy in their investigations and late in submitting charges to the courts. Nor are they usually trained to gather evidence scientifically.

It is common for forensic evidence to be wrapped in newspaper, bound by jute thread and then produced in court. . Matters are made worse by the fact that there are only about 12 judges per million Indians. The impact of these delays is massive, not just on private lives but on public life too. Criminals, knowing that justice can be almost infinitely delayed, no longer fear the law.


“One reason why India hasn’t been able to tackle corruption is that the corrupt know they can use their wealth to hire a good lawyer and then quibble and cavil for years and go on living normally,” said Nirmal Vittal who, as the Government’s former Central Vigilance Commissioner, was entrusted with fighting corruption in public life.


For many ordinary Indians craving justice for the murder of someone they loved, the evening court idea — even if it is replicated all over the nation — has come too late.


These are people such as Sudha Tiwari, 72, who alleges that her 27-year-old married daughter, Jyoti, was set on fire by her husband Anil in 1982 over dowry. Twenty-five years later, Mrs Tiwari, now arthritic and diabetic, still cries when she talks of her beloved “flower” and “angel”.


For 25 years, she has been fighting to see Anil tried and punished. Throughout endless hearings and adjournments, Mrs Tiwari has turned up in court religiously. But last year, the energy in her died and she decided to attend no longer.


Source URL:
http://www.theage.com.au/news/world/india-burns-midnight-oil-for-justice/2007/03/16/1173722749151.html

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

regards, vinayak

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

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

Blogs :
More die due to exam failure than due to Dowry !!!
Majority of dowry cases are false: SP
No maintenance for wife who can’t prove cruelty: HC
Unmarried Female on pill, delivers a baby in toilet
Triple Talaq is a Legally valid form of Divorce – Madras HC
A failed marriage is not a crime however…
torture allegations are approx 6 times dowry DEATH FIRs !
Marriage cannot be dissolved at the drop of a hat: HC: Mubai
…. and some case laws …
Ramakrishna v. Priya Ganesan – Custody of Minor child
Irretrievable break down of marriage
vast difference between “could have been”, “must have been” and “has been”.


Husband says she had an affair, wife claims dowry harassment !!

Husband says she had an affair, wife claims dowry harassment !!

http://www.deccanherald.com/archives/feb92007/district212321200728.asp

Deccan Herald » District » Detailed Story

Women’s police station, but gender-insensitive

From Shruti I L DH News Service Mysore:

Sunaina was summoned to the police station on infidelity charges. Not only was she made to wait for six hours, but also not given an opportunity to defend herself.

Sunaina was summoned to the police station on infidelity charges. Not only was she made to wait for six hours, but also not given an opportunity to defend herself.

Sunaina’s husband had filed a case against her for allegedly having an affair with her brother-in-law. Recalling her travails, she said, “I was asked to divorce my husband and let him off the hook.” This came from none other than a lady SI at the Lashkar Mohalla Women’s Police Station a few years ago.

Sunaina wanted to lodge a complaint of dowry harassment against her husband. “But I was abused and treated like a criminal and booked under a false case.”

When she approached the Police Commissioner, he only said, “Have faith in the system.”

However, Devamma, the incharge SI, said, “We never ask people to adjust in serious offences. When we feel things can be settled through counselling, we say so. If the victim wants to book a case, we do it.”

She, however, said officers need to be patient. “As cases which come here involve families, a lot of people come here. Sometimes, third parties create confusion.Only at such times do we raise our voice.”

Devamma said since she took over, she has ensured no favours are shown. “I have directed there should be no delay in attending to complaints.”

Prabha’s case was no different. The case turned against her due to pressure from higher officials in the police department who were in support of her husband.

Going by these reports, one can’t help wonder whether women’s police stations are serving the purpose for which they were set up. Such stations were expected to encourage women to come out and file complaints against atrocities meted out on them.

It isn’t enough to just have a separate police station for women. What is important is to make the police officers gender sensitive.

“Most of the time, it seems once they (women officers) don the uniform, they are no different from their male counterparts,” says Rati Rao, an activist of Samatha Vedike, a women’s organisation. “They should be made aware of laws related to women, she felt.

Warning

According to Police Commissioner Praveen Sood, it is not just women who are asked to adjust. “A lot of women who come here do not want criminal action to be initiated as offenders are their relatives. They usually want us to warn them.

Given this, we try to make them arrive at a compromise. But in cases of physical abuse or dowry cases, we book cases. There is no question of counselling.”

NGOs can be involved as they understand people’s problems better, says Sumana, an advocate. While Sood feels this is possible, he also stressed the need for NGOs to have a balanced view while dealing with such cases.

Meera Nayak, another Vedike activist, said the police station must be strengthened by appointing a regular officer. “It (police station) should be provided with a better support system, including vehicles and a separate office. They should also operate at the taluk and hobli levels.”

Equipping women’s police station with better facilities is the need of the hour. “Making certain laws more flexible will also help,” feels Sumana. “Laws related to non-cognisable offences can be relaxed. Once a case is filed under it, strict action, including arrest, is initiated. Thus, there is a delay in registering such cases at times,” she says.

The government’s responsibility to reduce incidents of violence against women does not end with the setting up of women’s police stations. It should support the victims by strengthening laws protecting women and by providing them with shelter.

Whether the women’s police station will emerge as a stepping stone to empowerment of women or go down as just another example of paying lip-sympathy to women’s issues is for the state to decide.

(All names have been changed to protect their identities).

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

regards, vinayak

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

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

Blogs :
More die due to exam failure than due to Dowry !!!
Majority of dowry cases are false: SP
No maintenance for wife who can’t prove cruelty: HC
Unmarried Female on pill, delivers a baby in toilet
Triple Talaq is a Legally valid form of Divorce – Madras HC
A failed marriage is not a crime however…
torture allegations are approx 6 times dowry DEATH FIRs !
Marriage cannot be dissolved at the drop of a hat: HC: Mubai
…. and some case laws …
Ramakrishna v. Priya Ganesan – Custody of Minor child
Irretrievable break down of marriage
vast difference between “could have been”, “must have been” and “has been”.

False complaint: Woman pays 5 lakh

False complaint: Woman pays 5 lakh
30 Apr 2007, 0256 hrs IST,TNN

AMBALA: A dowry complaint by a woman in collusion with her husband to get back a part of property her husband was disinherited from, cost the woman Rs 5 lakh as penalty to be paid to her in-laws. It is a landmark decision by a court against misuse of the provisions of dowry and torture against a woman.

Yamunanagar judicial magistrate (first class) Madhu Khanna on April 20 directed the complainant to compensate her in-laws who were falsely implicated in the case.The in-laws were made to suffer on account of unfounded, baseless and malicious allegations.

Judge in her orders said that the objective of Section 498-A IPC is to prevent dowry menace, but many instances have come to light where complaints are not bonafide and have been filed with oblique motive.

As per complaint case titled as Kawaljeet Kaur vs Davinder Pal Singh under Section 498-A, 406, 120B IPC under police station in Yamunanager, the complainant Kanwaljeet Kaur was married to Navneet Singh on April 14, 1992. Gurcharan Kaur, mother in-law of complainant disinherited her son Navneet Singh and daughter in-law Kanwaljeet Kaur in the properties through a public notice in newspaper on September 9, 1995 and disputes regarding property were pending between Navneet Singh- husband of the complainant and accused in courts at Saharanpur. No complaint was ever made by complainant prior to issuance of public notice by her in laws. Interestingly, the complaint levelled no allegation against her husband.

The magistrate observed that dispute is with regard to property and that the complaint was a cooked up story by her son and his wife in order to settle property dispute. The judge dismissed the complaint and acquitted the accused and termed this case as a classic example of misuse of beneficial provision of Section 498-A and directed the complainant for compensating the members of her in-laws family for malicious prosecution.

Source URL:
http://timesofindia.indiatimes.com/articleshow/1977240.cms

============== end of news =============

regards, vinayak

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

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

Blogs :
More die due to exam failure than due to Dowry !!!
Majority of dowry cases are false: SP
No maintenance for wife who can’t prove cruelty: HC
Unmarried Female on pill, delivers a baby in toilet
Triple Talaq is a Legally valid form of Divorce – Madras HC
A failed marriage is not a crime however…
torture allegations are approx 6 times dowry DEATH FIRs !
Marriage cannot be dissolved at the drop of a hat: HC: Mubai
…. and some case laws …
Ramakrishna v. Priya Ganesan – Custody of Minor child
Irretrievable break down of marriage
vast difference between “could have been”, “must have been” and “has been”.