Daily Archives: August 28, 2013

How the OUT of court “tool” is used to fleece husbands; the multi billion business !!

Some threaten the husbands; some tire the husbands; some do NOT provide them infrastructure of space , All FLEECE husbands always when he comes to court !!!

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Divorce: Couples avoid court-kacheri in Pune

Monday, Aug 5, 2013, 2:25 IST | Place: Pune | Agency: DNA

Chaitraly Deshmukh

Warring partners prefer out-of-court settlement to save time and efforts

Thanks to the ever-rising pendency in Pune family court, the trend of people opting for out-of-court settlement is increasing.

Lawyers are of the opinion that since divorce in itself is a psychologically draining exercise, hence, lesser the time it takes, the better it is for the applicants.

Opting for out of court settlements, couples save time and also the litigation cost.

Lawyers speak

Out-of-court settlement is one of the most effective ways as couples filing for divorce go through psychological stress. The settlement saves litigation cost and also time.It’s comparatively less painful
— Abhay Apte

Most of the divorce cases are from couples involved in love marriages. They marry at an early age and then file for divorce. Besides, criminal cases, like that of domestic violence can be avoided if settlement is made out of court —Shekar Tawade

Many women, filing divorce are working women and if they try to reach to a conclusion through the court, they have to come there regularly. Now a days, courts are overburdened. Hence to avoid a time consuming process, they prefer settlement outside court
—Pratibha Ghorpade

Chaos in ‘space-crunched’ court fails to reunite couples

The Pune family court lacks the infrastructure required to carry out mediation between warring couples. There is just a single room where two to three couples, their lawyers and counsellors crowd at the same time. This hardly gives the couples chance to discuss the problem openly.

Chaos is a daily occurrence in the seventh floor of the family court in Bharati Bhavan where the mediator’s room in situated.

As per the high court direction in 2010, it is mandatory that a family court refer two cases for mediation and such mediation process should take place for two months.

In 2012, of the 118 cases referred, 29 got settled while 52 failed. This year till July 30, of the 190 cases refereed, 71 got settled, while 56 failed to reach mediation.

Presently, 28 mediators are working in the family court which includes lawyer, psychiatrists and social workers.

The present room slotted for mediation process can accommodate only two couples at a time as the same room is used as a child exist room where on every Saturday, a parent gets the custody of a child to spend the entire day with him/her.

The court officer admitted to the space crunch. “Currently, we do have space crunch. But as soon as we shift to the new premises in Shivajinagar, the problem will be solved. Whatever we cannot afford in the slotted room, we carry out the proceeding in the vacant court room, corridor or the family bar room.”

Pune family court lawyer association’s secretary lawyer Ashish Purohit said, “The current mediator room is also used as a child exist room. Often the mediation process takes place in front of the child, and it can have adverse effect on the child’s psyche. Often the parents of the couple too have to be involved, and under such circumstances, the room is full of chaos.”

Senior lawyer Abhay Apte said, “Mediation is the need of the day because so many people cannot keep on fighting for indefinite years.”

Advocate Nileema Agashe, a mediator, said, “Space crunch is a major issue. There is no proper place to sit. The lack of chairs compel us to sit on the floor to settle issues.”

Family court building construction hits a roadblock

The construction work of the new family court building in Shivajinagar has hit a roadblock as the contractor hired to construct it has stopped the work stating that the rates of raw materials have increased.

In September 2009, the then chief justice of Bombay High Court Swatanter Kumar had laid the foundation stone for the new family court building. The construction was expected to be completed by March 2012.

The new building would be convenient for lawyers and litigants as the Pune District and Sessions Court, which is across the road, will be joined by a pedestrian subway for which additional Rs1 crore had been sanctioned by the Pune Municipal Corporation (PMC). The work is in progress at gate number 4.

The current family court is situated at Bharati Vidyapeeth Bhavan and is a rented property with more than 3,000 cases related to divorce, adoption and maintenance. While the current premises houses five courts but there’s no special arrangement for parking.

The new building will have amenities like the children room, separate mediation room, library, parking, bar rooms, etc.

Pune Bar Association vice-president Satish Pailwan said, “The construction had started in 2009 and was expected to be completed within 15 months. But in 2011, there were some disputes between the contractor and the Public Work Department (PWD) and the contractor was changed. Initially, the building plan was sanctioned for two floors. Now two additional floors will be constructed.”

Pune family court lawyers association president Ganesh Kawade said, “Due to the laid back attitude of the contractors and PWD, not only are the lawyers suffering but the litigants are inconvenienced as well. There is no proper parking area for our litigants and lawyers. Regularly, 10 to 20 vehicle owners have to pay fine to the traffic police.”

The contractor’s relatives admitted to the dispute. “We are trying our best to finish the work in time. The PMC had not sanctioned the plan and we had taken charge of the construction from the previous contractor.”

DK Igale, deputy engineer with PWD, said, “Till December this year, the work will be completed. There were some difficulties in between about material supply and increase in prices due to the local body tax strike.”

http://www.dnaindia.com/pune/1869946/report-divorce-couples-avoid-court-kacheri-in-pune

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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

Breather for Om Puri till Aug 30; Sessions court grants ‘interim protection from arrest’; Will aam adhmi get bail ??

Domestic violence case: Breather for Om Puri till August 30

The sessions court today granted ‘interim protection from arrest’ to actor Om Puri, who is accused of assaulting his wife

August 28, 2013

MID DAY

Sessions judge D A Dholakia granted protection to the internationally acclaimed actor till August 30 and adjourned the hearing on his anticipatory bail application till the date. The court also directed him to go to the police station everyday and co-operate with the probe.

Om Puri

Meanwhile, Om’s wife Nandita today filed an application in the court, seeking to intervene in the case. The police are likely to submit their reply to the bail plea on August 30.

According to Nandita’s police complaint, the actor assaulted her with a wooden stick on August 22. The 62-year-old actor is facing charges under Indian Penal Code sections 324 (causing hurt by dangerous means), 504 (intentional insult with intent to provoke breach of peace) and 506 (criminal intimidation).

According to the police case, the couple was arguing about the maintenance of their flat in suburban Versova, and in the course of the heated argument, Om assaulted Nandita. But the actor has a different story to tell in his advance bail application.

He says their domestic help’s daughter offered rakhi to Puri’s son, and Nandita gifted her a mobile phone worth Rs 3,000. However, the girl demanded a smartphone. "(I) reasoned that I too was using regular mobile and there was no question of gifting an expensive mobile worth Rs 14,000 to the girl," Om says in the application.

The actor said, Nandita then told him that he could spend huge amount of money on his "mistresses" but could not pay for this gift. As a heated argument ensued, Puri, the application says, got up to leave, but Nandita "walked upon him and caught his collar" and he had to push her off to leave the house. The application denies that he ever assaulted her.

http://www.mid-day.com/entertainment/2013/aug/280813-domestic-violence-case-breather-for-om-puri-till-august-30.htm

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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

This Wife sought ONLY 150 CRORE alimony after HER OWN extramarital in ’12!! RATES TO GO UP AFTER #IRBM

What are we guys crying about? This Wife sought 150 CRORE alimony in ’12. RATES WILL GO UP AFTER #IRBM

That was NOT a solitary incident !! 🙂
"…..In another case, she added, a woman decided to withdraw criminal cases against her husband and divorce him only after he agreed to pay her Rs 4 lakh a month as maintenance……"

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Wife seeks Rs 150cr alimony

– Lawyers see spike in divorce cash demand

IMRAN AHMED SIDDIQUI

New Delhi, June 11: If the wife has her way, the husband will be Rs 150 crore poorer.

The wife of a Gurgaon-based industrialist turned up at a family court last week and demanded Rs 150 crore as divorce settlement to walk out of the marriage.

That is after both had admitted during counselling that they had extramarital affairs.

Sources at family courts in the capital said extramarital relationships among married couples were on the rise. “On an average, each family court receives ten to 15 petitions for divorce because of adultery every month,” Iti Kanungo, principal counsellor at Patiala House family court, told The Telegraph.

But what has surprised officials at family courts is not the “galloping infidelity statistics” but the amount sought as one-time settlement or alimony.

“The record book at the family courts are flooded with galloping infidelity statistics and the increase in adultery has also led to an escalation in alimony,” Kanungo said. “But we cannot remember anybody has ever demanded such a fat amount (Rs 150 crore) from her husband to settle a matrimonial dispute.”

The couple, both in their 40s, have been fighting court battles for the past year. The wife had moved Delhi High Court, accusing her husband of domestic violence. The husband had filed for divorce, accusing his wife of having an extramarital affair and also moved a lower court for custody of their children, one 23, the other 18.

Last month, the lower court, where the husband had filed for divorce, directed the couple to visit the family court.

“We called both. During counselling, they remained calm and agreed for a settlement. What surprised us is that both conceded having extramarital affairs. When we were trying to settle everything amicably, the wife took everybody by surprise by demanding Rs 150 crore. We have called them again for another counselling session,” said a counsellor.

In another case, she added, a woman decided to withdraw criminal cases against her husband and divorce him only after he agreed to pay her Rs 4 lakh a month as maintenance.

Citing another case, she said a woman asked for Rs 2 lakh a month as alimony after the marriage failed to survive even two months.

Counsellors and lawyers at the five family courts in Delhi said extramarital affairs were the main reason for divorce by mutual consent.

“Falling out of love has become increasingly common. Fast-paced lifestyles and death of the joint-family system are major factors. There has also been complete erosion of family values. Now women are well educated and economically independent and want freedom. Divorce rates among working couples, especially in the BPO and IT industry, are much higher. They spend little time with each other and get into extramarital affairs with colleagues at the workplace,” said Om Prakash S. Shekhawat, a lawyer who practises at one of the family courts in the capital.

Blaming both spouses for being intolerant, he said nearly 20-25 per cent of mutual-consent divorce petitions in the past couple of years were from couples who had not even completed two years of marriage.

Another counsellor recalled that a young couple, who married after eight years of courtship, filed for divorce three days after marriage.

“Their marriage could not survive even three days but they claimed to be madly in love for eight years. During counselling sessions they told us they were no longer compatible,” she said.

In some cases, said another counsellor, couples had filed for divorce for trivial reasons.

“Last year, a man filed for divorce after his wife refused to serve his friend tea. Likewise, a young couple filed for divorce as the wife could not tolerate her husband snoring,” the counsellor said. “So they moved from the bedroom to the courtroom.”

http://www.telegraphindia.com/1120612/jsp/nation/story_15600014.jsp#.Uh3CsBtmgyo

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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

this minister’s wife wants 50crore alimony!! still politicos support marriage act amendment 2013 ?? !! When Will they learn ?

this minister’s wife wants 50crore alimony!! still politicos support marriage act amendment 2013 ?? !! When Will they learn ?
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live in woman murdered by man; both were married three times earlier !! ??

Man held for murdering ‘wife’

TNN | Aug 28, 2013, 06.27 AM IST

NAGPUR: Kanhan police have arrested Nandkishore Bagarkar, 35, for allegedly strangulating his ‘wife’ Varsha and hanging her body from a ceiling fan hook with the help of a nylon rope at their residence at Dharamnagar Pipri in Kanhan, around 23km from the city, on Tuesday. Varsha, 33, was pregnant.

It’s learnt that Nandkishore had started staying with Varsha, both had been married thriceearlier, around 9 months ago. Varsha had a six-year-old son from an earlier marriage while Nandkishore had two daughters. Even though police has recorded Varsha as wife of Nandkishore, it is not known if the two were married.

Police said that bickering was common between the couple. Varsha doubted Nandkishore’s character. This led to the fight which ended on a tragic note with Nandkishore killing Varsha.

Kanhan police rushed to the spot after Varsha’s brother alerted them. Nandkishore was rounded up and slapped with the charges of murder by the police.

http://timesofindia.indiatimes.com/city/nagpur/Man-held-for-murdering-wife/articleshow/22110709.cms

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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