Daily Archives: April 13, 2012

The factum of Desertion and the INTENT to desert to be proven for divorce – man told

The factum of Desertion and the INTENT to desert to be proven for divorce – man told

“….“How can it be desertion? This is an eye-opener. Employers should consider whether ladies (sic) should be transferred,”….”

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Long-distance marriage not a reason for divorce: HC

, TNN | Apr 14, 2012, 12.09AM IST
 
MUMBAI: If a spouse is on a posting, it cannot be termed desertion and cited as a ground for divorce, the Bombay high court ruled on Friday. A division bench of judges P B Majmudar and Anoop Mohta was hearing an appeal by an income tax officer Satish Mane against a family court order rejecting his divorce plea.

Satish (38) married Seema (35) on May 9, 2001, as per Buddhist rites. On June 1 that year, she left for Ahmedabad to resume duty at the Reserve Bank of India, where she was an officer. The following January, she visited her matrimonial home for a ceremony preceding childbirth. A son was born on April 5, 2002.

In his HC appeal, Satish said that at the naming ceremony of the child, held at his in-laws’ residence on May 26, 2002, he had an argument with Seema. He said that the next day Seema came to his office, created a scene and humiliated him in front of his colleagues. He said the Buddhist Utkarsha Mandal (a community committee) tried to make them tide over their differences in vain.

In June 2006, Satish filed a petition in the family court for restitution of conjugal rights. He withdrew it in October 2007 as Seema was unwilling to reconcile. A month later, he filed for divorce on grounds of desertion, citing long passage of time. The court rejected his petition in October 2010, saying it could not be said that Seema had deserted him with the intent to never cohabit with him.

On Friday, the HC bench observed that just because Seema was posted in Ahmedabad, it could not be a reason for Satish to get a divorce citing desertion. “How can it be desertion? This is an eye-opener. Employers should consider whether ladies (sic) should be transferred,” said Justice Majmudar. Seema’s advocate said Satish regularly visited her in Ahmedabad on weekends, but after she was transferred to Mumbai, he refused her entry to her matrimonial home. “When she was in Ahmedabad, you used to visit her. Now that she is in Mumbai, you don’t want her back? What sort of a husband are you?” Justice Majmudar asked.

The judges wondered if Satish had some other reason for seeking a divorce. “You lived here alone. Was there something? You used to go there to fool her? Did you make a show of affection?” Justice Majmudar asked.

The judges noted that Satish was not present in court while Seema had taken leave to attend the hearing. They summoned Satish to court for the next hearing.

(Names changed to protect identities)

 
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Jailed for her ‘murder’, man’s wife found in live-in relationship

A 30-year-old woman, whose husband is languishing in jail here for her ‘murder’, has been found alive.

Anita, a mother of one, was allegedly found living with her paramour Dharmender in Delhi yesterday, police said.

The duo eloped from Dongar village in Prabudhnagar district on February 8 while her husband Yogesh was jailed for her ‘murder’ over dowry, they said.

The two have been arrested for criminal conspiracy.

Anita’s father has also been taken into custody for wrongly identifying the body of another woman as his daughter’s and lodging a false case against his son-in-law.

 

Is this a record of sorts ? *Eight* in laws accused in a woman’s Dowry case …

 

Is this a record of sorts ? *Eight* in laws accused in a woman’s Dowry case …

 

Cops to probe dowry harassment charge

TNN Apr 2, 2012, 03.28AM IST
 
NASHIK:
 
A 20-year-old woman has accused her husband and eight in-laws of dowry harassment. In a complaint filed at the Panchavati police station, Deepali Soni, from Ramwadi, said her husband Dhiraj and her in-laws, all from Gangapur in Aurangabad district were harassing her for bringing Rs 2 lakh from her parents a month after her marriage to Dhiraj on November 26, 2011. She claimed in her complainant that she was threatened by her in-laws over the telephone even after she returned to her parents. The Panchavati police are investigating the case.
 

 

Unwed Chartered Accountant mother kills second kid born OUTSIDE wedlock. Walks free !! This is called depression !!

Unwed Chartered Accountant mother kills second kid born OUTSIDE wedlock. Walks free !!

 

‘Depressed’ mother acquitted of killing newborn daughter

Doctor fails to conduct test to establish whether the child – whose body had been dumped in a garbage bin – was alive when born

 

Anand Holla

Posted On Thursday, May 27, 2010 at 02:16:07 AM

 

Her lawyer had argued in court that she had been driven by temporary insanity. But what saved a 29-year-old mother accused of killing her daughter moments after birth – from a possible life sentence was the testimony of the doctor who performed the post-mortem on the child’s body.

Last week, the Thane Sessions Court acquitted the young mum of murder, after the defence argued that during the autopsy, the doctor had not conducted a crucial test to determine whether or not the child was stillborn.

The court did find her guilty of secretly disposing the child’s body and sentenced her to 16 months of imprisonment. She had already served the sentence as she had been unable to secure bail while the trial was on, so she walked free.

The court did find her guilty of secretly disposing the child’s body and sentenced her to 16 months of imprisonment.

According to the police, the woman – a chartered accountant by profession – was under immense pressure from her family, who threatened to throw her out of the house as the baby was her second outside of wedlock. She decided she could take no more when her boyfriend went back on his word to marry her.

So, on January 15, 2009, she gave birth to the baby at her parents’ Bhayander home with help from her family and allegedly banged the newborn’s head against the wall, killing her instantly. She then stuffed the baby’s corpse into a plastic bag and flung it out of her bathroom window into a garbage bin outside.

A sweeper found the body and informed the Mira Road police, who arrested the woman on January 24. She was subsequently charged under Sections 302 (murder) and 318 (secret disposal of child’s body) of the IPC.

In the trial before the Sessions Court, defence lawyer Ashish Chavan argued that his client’s violent reaction was due to the fact that she was suffering from postpartum depression and because the child was born by precipitate labour, meaning she was born less than three hours after the mother went into labour.

Postpartum depression is a form of clinical depression that mostly affects women after childbirth, generating a vast range of feelings like sadness, loneliness, fear or lack of love towards their baby – and guilt for having such feelings. It is caused mainly due to hormonal imbalance.

Chavan stressed that in extreme cases of postpartum depression, the mother suffers from temporary insanity.

However, it was Chavan’s argument that the hydrostatic test wasn’t performed during the post-mortem that saved the woman.

 

source

http://www.mumbaimirror.com/article/2/201005272010052702160742e0d16637/%E2%80%98Depressed%E2%80%99-mother-acquitted-of-killing-newborn-daughter.html

திருமணமாகாமல் கள்ள உறவில் பிறந்த இரண்டாவது குழந்தையை கொன்ற தாய்க்கு விடுதலை. அவள் மன அழுத்தத்தால் கொன்றாள் …

திருமணமாகாமல் கள்ள உறவில் பிறந்த இரண்டாவது குழந்தையை கொன்ற தாய்க்கு விடுதலை.

அவள் மன அழுத்தத்தால் குழந்தையை கொன்றாள் என்ற வாதத்தை ஏற்றது நீதிமன்றம் !!!!

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இந்த சமூகம் ஆண்களை அரக்கர்களாகவும், கொலை வெறியர்களாகவும், கற்பழிப்பவர்களாகவும், அதெ சமையம் பெண்களை சீதையின் மறு அவதாரமாகவும் கறுதுகிறது

இத்தகைய சமூக ஓரவஞ்சனை தீரும் வரை குழந்தைகளுக்கும் , குடும்பங்களுக்கும், கணவன்களுக்கும், கணவனைபெற்ற அன்னைக்கும் விடிவில்லை !!

ஜெய் ஹிந்த்

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‘Depressed’ mother acquitted of killing newborn daughter

Doctor fails to conduct test to establish whether the child – whose body had been dumped in a garbage bin – was alive when born

Anand Holla

Posted On Thursday, May 27, 2010 at 02:16:07 AM

Her lawyer had argued in court that she had been driven by temporary insanity. But what saved a 29-year-old mother accused of killing her daughter moments after birth – from a possible life sentence was the testimony of the doctor who performed the post-mortem on the child’s body.

Last week, the Thane Sessions Court acquitted the young mum of murder, after the defence argued that during the autopsy, the doctor had not conducted a crucial test to determine whether or not the child was stillborn.

The court did find her guilty of secretly disposing the child’s body and sentenced her to 16 months of imprisonment. She had already served the sentence as she had been unable to secure bail while the trial was on, so she walked free.

 

The court did find her guilty of secretly disposing the child’s body and sentenced her to 16 months of imprisonment.

According to the police, the woman – a chartered accountant by profession – was under immense pressure from her family, who threatened to throw her out of the house as the baby was her second outside of wedlock. She decided she could take no more when her boyfriend went back on his word to marry her.

So, on January 15, 2009, she gave birth to the baby at her parents’ Bhayander home with help from her family and allegedly banged the newborn’s head against the wall, killing her instantly. She then stuffed the baby’s corpse into a plastic bag and flung it out of her bathroom window into a garbage bin outside.

A sweeper found the body and informed the Mira Road police, who arrested the woman on January 24. She was subsequently charged under Sections 302 (murder) and 318 (secret disposal of child’s body) of the IPC.

In the trial before the Sessions Court, defence lawyer Ashish Chavan argued that his client’s violent reaction was due to the fact that she was suffering from postpartum depression and because the child was born by precipitate labour, meaning she was born less than three hours after the mother went into labour.

Postpartum depression is a form of clinical depression that mostly affects women after childbirth, generating a vast range of feelings like sadness, loneliness, fear or lack of love towards their baby – and guilt for having such feelings. It is caused mainly due to hormonal imbalance.

Chavan stressed that in extreme cases of postpartum depression, the mother suffers from temporary insanity.

However, it was Chavan’s argument that the hydrostatic test wasn’t performed during the post-mortem that saved the woman.

http://www.mumbaimirror.com/article/2/201005272010052702160742e0d16637/%E2%80%98Depressed%E2%80%99-mother-acquitted-of-killing-newborn-daughter.html