Daily Archives: August 18, 2013

‘Infidelity over phone ground for divorce’ : Kerala HC ; ruling by a division bench comprising Justices Antony Dominic and P D Rajan

‘Infidelity over phone ground for divorce’

TNN | Aug 17, 2013, 04.50 AM IST

KOCHI: Divorce can be granted on the ground of cruelty if a spouse maintains illicit relationship over phone, the Kerala high court has held.

The ruling by a division bench comprising Justices Antony Dominic and P D Rajan came while considering an appeal against Thalassery family court’s order denying divorce to a man on the ground of cruelty despite proving on the basis of his wife’s telephone recordsthat she maintained an illicit relationship.

Phone records had shown that the wife used to call her childhood ‘friend’ for long hours during day and night while the husband was working abroad.

To decide the question whether maintaining such close relationship with another person over phone amounts to cruelty for granting divorce, the high court relied on a decision by the Supreme Court in 2004.

In A Jayachandra v Aneel Kaur case of 2004, the SC had held, "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. It must be something more serious than ‘ordinary wear and tear of married life’."

Granting divorce to the husband, the high court held, "If the evidence in this case is appreciated in the light of the principles laid down by the apex court, we are satisfied that the evidence clearly indicated that the conduct of the wife rendered it impossible for the husband to live with her without mental agony, torture, or distress."

The wife is an educated lady and she having maintained an illicit relationship cannot avoid the consequences nor can the husband be expected to suffer on the ground that he has two children, the court held.

http://timesofindia.indiatimes.com/city/kochi/Infidelity-over-phone-ground-for-divorce/articleshow/21872600.cms

*****************

FOLLOW http://twitter.com/ATMwithDick on twitter or https://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/ FOR 100s of high court and supreme court cases

regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

Former Inspector accused of killing daughter-in-law ; 100s of local residents riot and demand action as body of woman is found !!

Former Inspector accused of killing daughter-in-law

By Express News Service – BALASORE

17th August 2013 10:50 AM

A woman was alleged killed and buried for dowry in Harida village of Balasore district on Thursday. Police on Friday detained four persons including the woman’s father-in-law, a retired police Inspector. The decomposed body of the woman has been recovered.

While the victim’s husband Bijay Krushna Bagudei is still at large, her three-year-old son is missing. Police have registered a murder case and raided different places to arrest Bagudei and rescue her son.

Sources said the victim Puspalata Mohapatra and Bijay Krushna got married after a prolonged affair since their college days. They were married in Remuna on December 4, 2007.

The victim’s father Kailash Mohapatra of Khuntapur alleged that Bijay’s family members including his father Suranjan Bagudei had been opposing the marriage. After marriage, Puspalata was tortured physically and mentally for dowry.

“Her sister-in-law and mother-in-law had been insisting her husband to kill my daughter so that they can arrange another girl to marry him with huge dowry,” he said.

As the news spread, hundreds of locals blocked the road and burnt tyres demanding immediate arrest of the accused persons. Balasore SP Amrita Dash, SDPO Satyanarayan Panda and Tehsildar Pinaki Patnaik rushed to the spot and brought the situation under control.

Sensing further trouble, police detained Suranjan, his wife Manjulata along with their elder daughter and domestic help who were present at the home at the time.

IIC of Sadar police station Jasobant Samal said involvement of the retired Inspector has not been established yet. “We are yet to ascertain who has killed Puspalata. Suranjan had in fact lodged a missing report of his daughter-in-law four days back. We are searching Bijay Krushna. The case cannot be solved unless he is arrested,” he said. Refuting the allegation of dowry torture, Suranjan said they were living separately in another house and did not know about the death of his daughter-in-law.

http://newindianexpress.com/states/odisha/Former-Inspector-accused-of-killing-daughter-in-law/2013/08/17/article1738511.ece

*****************

FOLLOW http://twitter.com/ATMwithDick on twitter or https://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/ FOR 100s of high court and supreme court cases

regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

Only gazetted officers will probe into grievances of NRIs’; stil dowry cases are PROMPTLY registered !!

Only gazetted officers will probe into grievances of NRIs’

Tarsem Singh Deogan, Hindustan Times Ludhiana, August 17, 2013

First Published: 22:41 IST(17/8/2013) | Last Updated: 22:43 IST(17/8/2013)

Cases concerning non-resident Indians (NRIs) will be probed only by gazetted officers.

The decision was taken by the Punjab government, which brought about certain amendments in rules following recommendations of the NRI commission. However, many see this move as an effort by the state government to appease the NRIs.

The notification of amendments sent to Ludhiana last week and the police commissionerate immediately complied with it. This is not for the first time that the state government has been following NRI appeasement policy. Earlier too, it had established NRI police stations across the state and had asked NRIs to file their complaints directly at the NRI police stations, even though filing of complaints through fax or e-mail are already in place.

In addition, high-ranked police officers had also started video chatting with the NRIs to solve their grievances.

According to amendments, the officers above the rank of inspector will deal with complaints against NRIs. The police commissioner in police commissionerate and senior superintendent of police (SSP) in police district could form a team of at least two gazetted officers and one inspector of SHO-level officer.

Recent cases


Dowry harassment, cheating case registered against NRI
A dowry harassment and cheating case was registered against an NRI Sandeep Vij following his wife’s complaint. An officer of the rank of assistant commissioner of police (ACP) inquired into the whole matter and then lodged an FIR on August 12 at the NRI police station.

Sub-inspector Rajesh Thakur, SHO at the NRI police station, confirmed the development, stating that any officer appointed at the NRI police station could investigate into the matter.

more at

http://www.hindustantimes.com/Punjab/ludhiana/Only-gazetted-officers-will-probe-into-grievances-of-NRIs/SP-Article1-1109205.aspx

*****************

FOLLOW http://twitter.com/ATMwithDick on twitter or https://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/ FOR 100s of high court and supreme court cases

regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

Wife’s dying statement falls flat, man acquitted of dowry death ; so IF woman file FALSE complaint while alive, they’ll do it on death bed also !!

Wife’s dying statement falls flat, man acquitted of dowry death

HT Correspondent, Hindustan Times Chandigarh, August 17, 2013

First Published: 22:33 IST(17/8/2013) | Last Updated: 22:34 IST(17/8/2013)

Additional district and sessions judge Preeti Sahni here on Saturday acquitted Kaimbwala village resident Vijay Yadav of the charge of dowry death.

Yadav’s wife Monica was 22 years old when she had committed suicide by setting herself on fire on November 3, 2012. The victim had in her dying declaration said that her husband was an alcoholic and used to physically assault her, which forced her to take the extreme step. However, the court acquitted Yadav as the allegations could not be proved in court.

Following Monica’s death, Yadav, a waiter for a city-based caterer, had been booked under section 304 (b) (dowry death) of the Indian Penal Code. The couple had got married in 2010.

It had been alleged that Monica had a fight with her husband after he had reached home in an inebriated condition on the night she committed suicide. Infuriated, Vijay allegedly started beating her, following which the victim locked up herself in a room and poured kerosene on herself and set herself ablaze.

Vijay was arrested on the victim’s statement, recorded by the police before the victim succumbed to injuries in hospital.

http://www.hindustantimes.com/Punjab/Chandigarh/Wife-s-dying-statement-falls-flat-man-acquitted-of-dowry-death/SP-Article1-1109200.aspx

*****************

FOLLOW http://twitter.com/ATMwithDick on twitter or https://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/ (recent blog so recent cases ) FOR 100s of high court and supreme court cases

regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

23-year-old man found dead at girlfriend’s residence, police have done NOTHING so far, because it’s JUST A MALE who’s dead

23-year-old man found dead at girlfriend’s residence, police have done NOTHING so far, because it’s JUST A MALE who’s dead
***********************************

FOLLOW http://twitter.com/ATMwithDick on twitter or https://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/
***********************************