Daily Archives: August 22, 2012

Divorce plea dismissed, 13 years on ; Husband may appeal decree further !!

Divorce plea dismissed, 13 years on

, TNN | Aug 22, 2012, 02.40AM IST

MUMBAI: A judge in the Bandra family court on Tuesday dismissed a city surgeon’s petition for divorce filed on grounds of cruelty against his wife from whom he had been separated since 1998. The plea was filed in 1999.

The divorce battle between the couple was as turbulent as their shortlived marriage. The two had got married in 1994.

The couple fought over the custody of their son as well. On Tuesday, it went to the father with whom the teenager had been living for the past two years.

The woman in question is a businessman’s daughter and a resident of Pedder Road. The husband, on the other hand, is a well-known doctor. The battle dragged on with several interim applications and miscellaneous disputes being dealt with first.

The surgeon had accused his wife of mental cruelty, being rude to his staff, not caring much and other similar charges. The woman refuted the charges but never filed for restitution of her rights to ensure marital intimacy. She wanted the husband’s petition to be dismissed on the basis that his grounds of alleged cruelty were not tenable.

She also alleged that she was tortured by him, which he denied.

In the intervening years, the surgeon gave back his wife’s jewellery, said his lawyer. Talks of settlement were also initiated by the two, who are now in their 40s, but ended with negative results due to the “exorbitant” demand of about Rs 10 crore by the woman, the husband contended.

Now, with the dismissal of his divorce plea, the only silver lining as he sees is the custody of his son. There is no marriage that remains, he had argued.

The Supreme Court, too, in some judgments had held that if a marriage was dead, there was no point flogging it to keep it legally alive.

When the husband’s lawyer argued this point, the court, whose reasoned judgment will follow later, expressed how “irretrievable breakdown” was not grounds for divorce yet. The husband is likely to move the Bombay high court soon—within the 30-day appeal period.

Talks of settlement were also initiated by the two, who are now in their 40s, but ended with negative results due to the “exorbitant” demand of about Rs 10 crore by the woman, the husband claimed.

 
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NOTE : This is what the dailymail website claims !!
& I am NOT sure how far this is true !!
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By Ritika Chopra

PUBLISHED: 10:05 GMT, 22 August 2012 |
UPDATED:10:05 GMT, 22 August 2012
A committee set up by the ministry of women and child development (WCD) has proposed widening the definition of dowry to include property or valuables given for “uninterrupted or peaceful sustenance of marriage”.The panel, consisting of 13 members including representatives from the law and justice and the home affairs ministries, was set up to review the Dowry Prohibition ( Amendment) Bill 2010 after the WCD ministry received representations against the proposed changes.Following a fresh round of regional and national- level consultation, the committee has suggested that the definition of dowry should be broadened by adding an explanation paragraph to the anti- dowry law.

Widening the definition: A committee of 13 members was set up to review the Dowry Prohibition Bill 2010 Widening the definition: A committee of 13 members was set up to review the Dowry Prohibition Bill 2010

Under the Dowry Prohibition Act 1961, dowry has been described as any property or valuable security given, directly or indirectly, at, before or anytime after the marriage and in connection with the marriage.

According to the panel’s suggestion, a new explanation paragraph would further elucidate the phrase ‘ in connection with marriage’ to clearly include demands made even after the wedding, that threaten the peaceful continuity of the marriage.

Another amendment suggested by the panel would, for the first time, enlist the people entitled to inherit the “ gifts” received by the women at the time of marriage, in case of her unnatural death.

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According to ministry sources, the “ gifts” and stridhan given to the bride would be first inherited by her children, then her siblings and her parents, failing which it would go to the state. Interestingly, even the husband will be entitled to the inheritance if he is not accused in her death and his right would precede those of her sibling and parents.

For the uninitiated, a number of changes have been made to the anti- dowry law before the WCD ministry’s latest attempt in shape of the Dowry Prohibition ( Amendment) Bill, 2010. But in the wake of several complaints received against the proposed amendments, the National Commission for Women ( NCW) held further consultation at the request of the ministry.

Thereafter, the ministry held a regional consultation on November 17, 2011, and a national consultation on January 12, 2012, with representatives of the state governments, the police and legal experts, among others.

The review committee was given the responsibility of re- examining the amendments in light of fresh consultation.

The ministry, however, is yet to take a final view on the recommendations.

According to the National Crime Records Bureau, dowry deaths have been increasing. In 2011, around 8,600 cases were registered under the anti- dowry law as against 3,204 cases in 2004.

Girija Vyas, former chairperson of NCW said the WCD ministry is taking inordinately long to finalise its amendments.

“Dowry deaths have been increasing every year. It has been almost two years and the ministry hasn’t yet finalised its amendments. It should not take this long,” she said.
WIDENING OF THE DEFINITION
EXPLANATION : “ The expression in ‘ connection with marriage’ * will mean and include any act or omission in the context of the property or valuable security given or agreed to be given either directly or indirectly that would have the effect of imposing a condition in any manner whatsoever to the formation of the marriage or the continuance of the marriage in a peaceful & uninterrupted manner”.
* The definition of dowry includes any property or valuable given ‘ in connection with marriage’.
Read more: http://www.dailymail.co.uk/indiahome/indianews/article-2191903/Dowry-noose-tightened-Committee-suggests-changes-law-needed.html#ixzz24J6zXoAi