Monthly Archives: January 2012

IF you are a foreign citizen and got married abroad, DO NOT visit India with your wife … Try and live outside India and you MAY escape 498a !!!

 

IF you are a foreign citizen and got married abroad, DO NOT visit India with your wife … Try and live outside India and you MAY escape 498a !!!

Delhi High Court

Sanjeev Majoo & Ors. vs State Govt. Of Nct Of Delhi on 22 September, 2010

Author: Shiv Narayan Dhingra

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Reserve: August 25th, 2010

Date of Order: September 22, 2010

+ Crl. M.C. No.3329 of 2009

% 22.09.2010 Sanjeev Majoo & Ors. …Petitioners Versus

State Govt. of NCT of Delhi …Respondents Counsels:

Mr. Pallav Shishodia, Sr. Advocate with Mr. Mukul Kumar, Mr. B.R. Sharma and Mr. Satpal Singh for petitioners.

Mr. O.P. Saxena, APP for respondent/State.

Mr. Rakesh Tikku, Advocate for complainant

JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment? Yes.

2. To be referred to the reporter or not? Yes.

3. Whether judgment should be reported in Digest? Yes. JUDGMENT

1. This petition under Section 482 Cr.P.C and Article 227 of the Constitution of India has been preferred by the petitioners for quashing of FIR No.97 of 2009 dated 7th July, 2009 registered against the petitioners under Sections 498A, 406 read with Section 34 of IPC at police station Crime Against Women Cell, Nanakpura, New Delhi.

2. It is an undisputed fact that petitioner no.1 Mr. Sanjeev Majoo and the complainant i.e. wife Ms. Ruchi Majoo, both are citizens of USA and the marriage between them had taken place on 12th December 1996 at Delhi. Even at the time of engagement, Ms. Ruchi Majoo and Mr. Sanjeev Majoo were in America and engagement ceremony had taken place in Detroit, USA at the house of uncle of Ms. Ruchi Majoo in September 1996. After marriage, the parties left for USA, lived there as US citizens. Ms. Ruchi Majoo gave birth to one son namely master Kush, who became US citizen by birth. However, it appears that the life was not happy for them and Ms. Ruchi Majoo served a legal notice dated 8th July, 2008 on Mr. Sanjeev Majoo through her advocate inter alia, making following allegations:

“2. That however, immediately after the marriage, your conduct had been unbecoming of a good husband. My

client was not earning at that time. You did not take care of her financial requirements in an alien country and as a result she had to borrow from her father and family from time to time even for her personal needs. So much was your negative attitude towards her that she had to remain most of the times confined in the apartment where you and my client had shifted.

3. Even then for no justifiable reason you had been often scolding and rebuking my client and also adversely

commenting on her mannerism and way of dressing, even privately and in the presence of your friends and relations, thereby causing humiliation to her.

4. That during the year 1997 when you and my client were in the USA, my client also came to know of your having extra- marital relationship with a married girl Neetu whose husband had been threatening to cause physical harm to my client as well as to you. On coming to know of this, you had assured my client that you would mend your ways and as such my client agreed to pardon you at that time.

5. That during my client’s stay in the USA she also came to know that you were also often having physical relationship with different women at time in Motel and/or some other places and you were caught on one of such occasion.

Even after you had got a job in New Jersey, after

completing your studies, you did not take care of the financial needs and daily expenses of my client who was being forced to borrow from her family, which was a

humiliating experience for my client. You did not even permit her to pursue her further studies thereby causing her physical, mental paid and anguish. Every time you would create such a situation thereby forcing my client to withdraw to her room. You would pick up fights and

arguments with her for no reason or rhyme thereby

disturbing her peace of mind.

Xxxxxxx

7. That somewhere in the year 2002, you also injured my client physically in the presence of baby sitter who was persuaded not to call the police at the insistence of my client who was trying to make the marriage work. You again apologized and also assured my client that in future you shall take care of the things. In between you had also been for counseling as you realized that your behavior was not normal. With the minor son also you were abusive and also caused hurt by pinching him hard on his body. You were also rough to him most of the times. This abusive behavior continues.

Xxxxxxxxx

9. That there are a large number of instances of occasions when your cruel conduct continued of which you are aware of and the same are not being repeated herein. You and your parents had also been complaining of inadequate dowry to my client. Whatever my client had brought as Istridhan was also retained partly by you and partly by your parents. Whenever my client demanded the Istridhan, o n the pretext that the same is lying in safe custody, you had been refusing to give that to my client.

Xxxxxx

12. You were persuaded to go for counseling twice but you left both times unfinished citing one or the other reason. You had also informed my client that in your office also, you had been warned of your aggressive behavior and asked my client to go for some kind of improvement training so that you could know how to work as a group member.

xxxxx

15. That accordingly on behalf of my client, I am to inform you that my client is not interested in going back to you to USA and she is trying to work out an alternate suitable

arrangement for herself and her minor son and as such you are required not to co me and visit my client’s father house. My client is also seeking appropriate legal advice to take such legal steps which may be required for the welfare of the minor son as well as for herself which my client is likely to take shortly which could include divorce proceedings in appropriate court including in US and would also include claim of rights in respect of matrimonial assets. However, should you force your entry into my client’s father house in New Delhi, then my client and her father will take

appropriate action against you in accordance with law.”

3. As things turned out, Ms. Ruchi Majoo came to India with her son and a custody battle for the son is going on between the parties. Mr. Sanjeev Majoo, petitioner no.1 herein, applied for divorce before the Court in USA and a decree of divorce was granted by the US Court on 13th May, 2009 whereby rights of Ms. Ruchi Majoo wife were decided by the Court in USA and following arrangement was made: “10. The Respondent is awarded the following items of community property as her sole and separate property subject to all liens ad encumbrances thereon:

A. Furniture, furnishing, and personal effects in her possession;

B. Gold jewelry in her possession;

C. Bank of America bank account in her name;

D. Emigrant Direct bank account in her name;

E. Standard Chartered bank account in her name;

F. Bank accounts in India in Respondent’s name;

G. Real property in India in Respondent’s name;

4. Ms. Ruchi Majoo in her communication to the Superior Court at California, USA on 22nd April, 2009 had informed the Court as under: “1. I do not own any Real estate in India. The information given by Mr. Sanjeev Majoo is wrong and needs to be

corrected.

2. All my jewelry excepting two items of jewelry and a ring are in my home at 462, Cremona Way, Oak Park, CA, where

my, My Sanjeev Majoo stays and at the Residence of my’s parents, in Udaipur, India. This forms a part of my dowry given by my family at the time of my marriage in India and during the course of our married life, which is customary as per Indian traditions.

3. I have Indian Rupees 4,10,000/- (equivalent to USD 10k) in Indian banks, which was a gift from my family and not a part of my income.

This money was transferred by me from USA (Bank of

America) to India much before I left USA for India.”

5. However, in the FIR which Ms. Ruchi Majoo lodged against Mr. Sanjeev Majoo and her father in law, mother in law and brother in law, she made allegations that even before her marriage, her father in law and mother in law had told that her parents should keep in mind the expenditure on education of Mr. Sanjeev Majoo while considering the dowry and the dowry should commensurate with the status of in laws and so a lot of dowry was given at the time of marriage including jewelry, clothes and gazettes. After marriage a locker was opened at Udaipur in the joint name of herself, her husband and mother in law and whole lot of articles and expensive gifts were retained by in-laws at Udaipur. She further alleged that even when in 1997, when her mother in law was in USA, she passed sarcastic remarks regarding insufficient dowry. In 1999, she had come to attend the marriage of husband’s brother Mr. Rajeev Majoo and gone to Udaipur. Even during that period, her in-laws put consistent pressure and demanded more money. She was permitted to open locker in Udaipur for wearing jewelry on the occasion of marriage but again the jewelry was kept in the locker and she was not allowed to take her items. Thereafter, she made allegations of what transpired between her and her husband in USA from 1997 onwards. She stated that her matrimonial life went through rough weathers and it became difficult for her to stay in USA with her husband anymore. She decided to come to India with the child in December 2004. In December 2004, her in laws also came to India and threatened her to return to USA or else a situation would be created that she would be divorced by her husband. She came to Delhi and requested her to go back to USA and promised that things will improve. She went back to USA on this promise in January, 2005. Again her husband’s attitude did not improve and she narrated what happened in USA between her and her husband. Ultimately in January 2008, she had told her husband that she would no more live with him as she had planned to live separately from him with her son. On this, her husband suggested that she should go to India along with the child for summer vacation and he would also accompany her since had had to see his parents. She came to his parent’s house. She went on narrating the sequence of incidents which took place in Delhi between her and her husband including the legal battle for taking custody of her son Kush. Both she and her husband exchanged emails regarding their son and she leveled allegations against her husband about threats of filing a kidnapping case against her in USA and obtaining of divorce by her husband from US Court. Ultimately, she recorded in her complaint that the facts written by her showed that she had been treated with cruelty both physically and mentally because of willful conduct of her husband, her parents in law and her brother in law.

6. It is apparent that the complainant, a citizen of USA, had all along lived in USA with her son and husband, away from her in laws but filed this FIR against her mother in law, father in law, brother in law and her husband so as to misuse criminal justice system as a tool of vengeance. From perusal of her statement made in California Court, it is apparent that entire scene of occurrence was USA, her in laws had no say in their married life. In California court, she had categorically stated that all her jewelry was lying in her US house. She nowhere stated that her jewelry was lying with her in laws but in FIR against her in law, she suddenly discovered that she had a locker in Udaipur. She does not disclose the locker number or the bank where the locker was, the date of opening of locker and what jewelry were lying in it and submits that her in laws in 1997 and 1998 had asked her to keep her jewelry there. While in 2008, she told the California Court that her entire jewelry was with her at her house in USA, California.

7. Even if it is believed that in 1996, her in laws had expressed desire that the dowry must commensurate with the status, firstly she had not alleged any demand, still if she considered this as demand, she was at liberty to get a case registered under Dowry Prohibition Act at that time. There are no allegations of cruelty against in laws. Therefore, no offence under Section 498A IPC was made out against her in laws on the basis of allegations made by her in the FIR even if every allegation is considered true. As far as Mr. Sanjeev Majoo is concerned, the complainant and Mr. Sanjeev Majoo had lived in USA and all allegations of cruelty are of USA. No offence was committed within the jurisdiction of this country. Thus, no offence could have been registered against any of the petitioners/ accused persons under Section 498A or 406 IPC in India. Even otherwise, since both of them were American Citizens and the matrimonial offence, if committed, were committed in USA, the Court at India would have no jurisdiction to proceed against Mr. Sanjeev Majoo. All persons who commit crime in India can be tried in India whether they are foreign or Indian citizens, but Section 4 IPC puts a bar on the scope of applicability of territorial jurisdiction to the courts of India to try a case, cause of action of which had taken place outside the geographical limits only in respect of Indian citizens. Where the accused is not a citizen of India and the cause of action/ offence has not been committed within India, in view of Section 4 IPC and Section 188 Cr.P.C, the trial of offence against the person cannot proceed in India. Section 188 Cr.P.C reads as under:

“188. Offence committed outside India.

When an offence is committed outside India-

(a) By a citizen of India, whether on the high seas or elsewhere; or (b) By a person, not being such citizen, on any ship or aircraft registered in India.

He may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found: Provided that, notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government.”

8. Mr. Sanjeev Majoo in this case and the complainant in this case both being American citizens and the alleged matrimonial cruelties having taken place in America, police and courts in India did not have jurisdiction to enquire into or conduct trial of offence.

9. In view of the facts disclosed from the FIR, even if all the facts stated in FIR are considered true, no offence was made out against father in law, brother in law, mother in law. If any offence is made out cognizance of it was barred by limitation under Section 468 Cr.P.C. As far as Mr. Sanjeev Majoo is concerned , FIR could not have been registered in view of Section 4 IPC and Section 188 Cr.P.C.

10. In the result, the petition is allowed and the FIR No.97 of 2009 dated 7th July, 2009 registered against the petitioners under Sections 498A, 406 read with Section 34 of IPC at police station Crime Against Women Cell, Nanakpura, New Delhi and the proceedings emanating therefrom are hereby quashed.

11. The petition stands allowed.

September22, 2010 SHIV NARAYAN DHINGRA, J rd

source
Indiankanoon.org

மனைவியின் கொடுமை தாங்காது தற்கொலை செய்துகொண்ட 40 வயது சார்டர்ட் அக்கெளண்டண்ட்.

மனைவியின் கொடுமை தாங்காது தற்கொலை செய்துகொண்ட 40 வயது சார்டர்ட் அக்கெளண்டண்ட். டில்லியில் மனதை உருக்கும் சம்பவம்

மனிவியின் கொடுமை தாங்காது 40 வயதான பரத் பூஷன் சாவ்லா (ஒரு சார்டர்ட் அக்கெளண்டண்ட் ) , டில்லியில் தனது வீட்டில் தற்கொலை செய்து கொண்டார்.

அவர் விட்டுச்சென்ற தற்கொலை கடிதத்தில் கொடுமை செய்த தனது மனைவியும், அவளது உறவினரும் காரணம் என்று எழுதியிருந்தார். போலீஸார் துப்பு துலக்கி கொண்டிருக்கின்றனர். இதுவரை வழக்கு எதுவும் பதிவு செய்ததாய் தெரியவில்லை

அவருக்கு மனைவியும் 14 வயது மகனும் இருக்கின்றனர்

ஆங்கில செய்திகள் கீழே

‘Depressed’ chartered accountant commits suicide in Delhi

IANS | Jan 28, 2012, 07.02PM IST

NEW DELHI: A 40-year-old chartered accountant, allegedly depressed over bitter relations with his wife and in-laws, committed suicide in his north Delhi home, police said Saturday.

Bharat Bhushan Chawla, a resident Rohini locality, hung himself from the hook of a ceiling fan Friday night at around 10.30 p.m. when his wife and son were away.

According to the suicide note left behind by Chawla, he was unhappy and depressed with the bitter relations he had with his wife and in-laws and blamed them for his death, police said.

“We are still investigating the case so we cannot give a final verdict,” said a police official.

Chawla was working with a private firm, added the official.

According to police, Chawla is survived by his 39-year-old wife Sangeeta who is a homemaker and a 14-year-old son, the couple’s only child.

source :
http://timesofindia.indiatimes.com/city/delhi/Depressed-chartered-accountant-commits-suicide-in-Delhi/articleshow/11665033.cms

‘Depressed’ chartered accountant commits suicide in Delhi

 

‘Depressed’ chartered accountant commits suicide in Delhi

IANS | Jan 28, 2012, 07.02PM IST

NEW DELHI: A 40-year-old chartered accountant, allegedly depressed over bitter relations with his wife and in-laws, committed suicide in his north Delhi home, police said Saturday.

Bharat Bhushan Chawla, a resident Rohini locality, hung himself from the hook of a ceiling fan Friday night at around 10.30 p.m. when his wife and son were away.

According to the suicide note left behind by Chawla, he was unhappy and depressed with the bitter relations he had with his wife and in-laws and blamed them for his death, police said.

“We are still investigating the case so we cannot give a final verdict,” said a police official.

Chawla was working with a private firm, added the official.

According to police, Chawla is survived by his 39-year-old wife Sangeeta who is a homemaker and a 14-year-old son, the couple’s only child.

source :
http://timesofindia.indiatimes.com/city/delhi/Depressed-chartered-accountant-commits-suicide-in-Delhi/articleshow/11665033.cms

Immoral Trafficking Act; Magistrate booked

 

Immoral Trafficking Act; Magistrate booked

Manish Sirhindi; Tribune News Service

Samalkha, August 27

A metropolitan magistrate, who was allegedly enjoying the hospitality of a call girl (alleged to be a minor) in a small rented room here last night, was rounded up by the police after neighbours informed it about the suspicious activities going on there.

After receiving a call from residents of the Punjabi Colony, the police raided the room that had been rented by Subhash Duhan and caught three persons and a girl there.

All accused were taken to the local police station. These included the metropolitan magistrate, a resident of Delhi; Subhash Duhan, son of Jeet Ram and resident of Sonepat; and Shamsher Singh, son of Surat Singh and resident of Bhiwani.

The police also rounded up the girl, who was alleged to be a minor and belonged to West Bengal.

It is learnt that the metropolitan magistrate was posted at the Tis Hazari Court complex in Delhi. He had come here in his Santro car that even had a name-plate highlighting his designation.

The Samalkha police registered an FIR against all accused, including the magistrate.

However, keeping in view the privileges enjoyed by a magistrate, he was not placed under arrest by the police. Samalkha DSP Wazir Singh Sheoran said the police had sought permission from the Delhi High Court to proceed against the magistrate.

He, however, refused to reveal whether the magistrate was being kept in police custody or had been let off.

Meanwhile, rumours were doing the rounds that the girl, along with whom the three persons had been rounded up, had been brought here by paying her Rs 20,000 a week and that she was a minor.

The police later took the girl along with the accused for medical examination to the Civil Hospital at the district headquarters to confirm whether she was a minor.

The report is yet to be received. She was at present putting up at Noida.

According to information gathered by The Tribune, the metropolitan magistrate was a friend of Subhash Duhan, who runs an NGO by the name of Lok Kalayan Foundation. Shamsher was said to a distant relative of Subhash. The NGO of Subhash runs computer centres and sewing training centres in the region.

The case against the accused was registered under Sections 3, 4, 5 and 6 of the Immoral Trafficking Act of 1956.

Later, Subhash, Shamsher and the girl were produced before a local court, which sent them to 14-day judicial custody.

Source
http://www.tribuneindia.com/2009/20090828/haryana.htm#1

One more Indian beating “Indian men” for crimes against women !!!

 

One more Indian beating “Indian men” for crimes against women !!!

 

Indian engineer develops online map to show horrors of gender abuse

26 Jan 2012 10:59

Source: trustlaw // Nita Bhalla

Screenshot of http://www.maps4aid.com

By Nita Bhalla

NEW DELHI (TrustLaw) – A villager in southwestern India has developed the country’s first online mapping platform that documents the multitude of abuses, rapes and murders committed daily against women there, to awaken people to the extent and horrors of such crimes.

Despite strong laws, girls and women in largely patriarchal India face a barrage of threats – including rape, dowry-related murder, forced marriage, domestic violence and human trafficking.

Construction engineer and former software developer Shemeer Padinzjharedil, 29, said he was shocked, and inspired, by a poll last year by the Thomson Reuters Foundation, which rated India as the fourth most dangerous place for women in the world.

“When I read the poll, I thought ‘Who are these people? They aren’t even from India. How can people from outside make such statements?'” Shemeer told TrustLaw by phone from his home in the village of Thiruvizhamkunnu, in the coastal state of Kerala.

“I was so angry and thought ‘I will prove them wrong.’ But after research, I found that it really is true. It’s just that the Indian media is not portraying it with as much seriousness.”

With a degree in civil engineering and years of experience working as a software developer in India’s IT hub of Bangalore, Shemeer used his skills to develop maps4aid (www.maps4aid.com) – a website mapping crimes by location and type.

The young man, who makes a living constructing houses in Kerala’s Palakkad district and helping his father farm, says the idea is not just about statistics, but also about exposing the horrific abuses Indian women endure.

“There are lots of news reports about crimes against women, but there really is nowhere where they are documented. The stories just get archived and the woman or girl just becomes a statistic, a number, that matters to no one,” he said.

“On maps4aid, not only do you see the statistic, but you can read the stories of the crime which really helps people understand the terrible things that happen to our women.”

GRUESOME CRIMES

According to U.N. Women, one third of Indian women aged between 15 and 49 years old have experienced physical violence and about one in 10 have experienced sexual violence.

Shemeer said he verifies and documents an average of nine cases every day and has so far mapped a total of 1,000 news reports since he started this as his pet project in September.

Headlines include “Female foetus stuffed in polythene bag,” “Court slaps life imprisonment on monster dad for raping daughter,” “Manhunt launched for youth who raped 2-year-old girl,” “Denied booze money, youth sets fire to mother,” “Woman poisoned to death by in-laws for dowry.”

Shemeer said the most common crime which he comes across is rape, with around 80 percent of the rapes being committed against minors. Women being harassed or murdered for dowry, by the family they married into, are the next most frequent crimes.

“I would say what I have mapped is just a small drop in the ocean,” he said, adding that most cases are not even reported due to the shame and stigma that victims fear even from their own families.

Shemeer, who was not really interested in women’s issues before, says it has been a huge learning curve but is glad to be doing something to raise awareness, even though he has few resources and has to run the platform from his village.

“For the Indian girl, it starts when she is in the womb where she risks being aborted. When she is born, they abuse and rape her. When she grows, they force her into marriage where she is harassed and possibly killed for dowry,” he said.

“When you look at the bigger picture, it’s a huge achievement for a girl in India to survive to adulthood at all.”

(Editing by Rebekah Curtis)

 

Source

http://www.trust.org/trustlaw/news/indian-engineer-develops-online-map-to-show-horrors-of-gender-abuse