Daily Archives: September 29, 2013

men claiming income in ‘lakhs’ will be scr3w3d with BIG maint !! 60000 pm maint sought from minister’s son !! : “..They had submitted a pay slip of a private company where Rajashree claimed to have been working and it was mentioned that he was drawing Rs 1,65,000 per month. ….”

"…..a maintenance case seeking Rs 60,000 per month towards her study and other expenditures had been filed. The petition was lodged on the basis of the claims made by the Mohanty family while obtaining the conditional bail from the court of District and Sessions judge of Balasore……."

"………..“They had submitted a pay slip of a private company where Rajashree claimed to have been working and it was mentioned that he was drawing Rs 1,65,000 per month. Besides, they denied to have demanded dowry citing that Rajashree was earning Rs 10 lakh more per annum from his hotel business and landed properties, apart from his salary. Basing on the claims, we have demanded Rs 60,000 per month towards maintenance,” ………"

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Dowry harassment: Maintenance case filed against ex-minister’s son

By Hemanth Kumar Rout | ENS – BALASORE

Published: 28th September 2013 03:47 PM

Last Updated: 28th September 2013 03:47 PM

  • Photos
  • Rajashree Mohanty and Barsa Swony Choudhury (File/Express)
    Rajashree Mohanty and Barsa Swony Choudhury (File/Express)

In a significant development in the sensational dowry harassment case of Barsa Swony Choudhury (23) in which a former minister of Odisha and his family members were arrested earlier this year, a maintenance case has been filed in the Balasore family court against the woman’s husband Rajashree Mohanty.

Rajashree, his father, former minister and BJD MLA from Basta Raghunath Mohanty and mother Pritilata Mohanty are now on condition bail. They were arrested following the dowry torture allegation by Barsa, a resident of Bhoisahi here, in Balasore town police station on March 14.

Barsa’s counsel Amar Ballav Nanda confirmed that a maintenance case seeking Rs 60,000 per month towards her study and other expenditures had been filed. The petition was lodged on the basis of the claims made by the Mohanty family while obtaining the conditional bail from the court of District and Sessions judge of Balasore.

“They had submitted a pay slip of a private company where Rajashree claimed to have been working and it was mentioned that he was drawing Rs 1,65,000 per month. Besides, they denied to have demanded dowry citing that Rajashree was earning Rs 10 lakh more per annum from his hotel business and landed properties, apart from his salary. Basing on the claims, we have demanded Rs 60,000 per month towards maintenance,” Nanda said adding that the case has been registered.

Meanwhile, Barsa has been shifted to Bhubaneswar and studying MBA in HR and Finance in a private management college there. Her father Kishore Kumar Choudhury hoped the court would decide in their favour while granting the amount as per the legal provisions which would definitely help for her higher studies.

Barsa said after the case was registered she has been staying along with her parents and depending on her father’s income. "I require more money for my higher studies. That’s why I have filed the maintenance case and the money I expect to get will meet my study expenses," she added.

While after the incident, Raghunath had to lose his ministerial berth and the vice-president post of BJD, the ruling party too lost miserably in the recently concluded Jaleswar NAC election. Incidentally, Raghunath was projecting his son as the party’s candidate from Jaleswar constituency in 2014 Assembly polls.

Earlier, Barsa had moved the High Court, seeking cancellation of bail granted to her husband Rajashree and father-in-law by the lower courts. In her petition, she had alleged that Raghunath and Rajashree had violated the conditions imposed on them by the lower courts while granting bail.

Rajashree however could not be contacted for comment. His counsel Niranjan Panda told media persons that Rajashree lost his job after his arrest and he had no such hotel business. "When he earns nothing, how can he pay such a huge amount? However, we are yet to receive the notice. We would fight the case accordingly," he added.

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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

should BAIL be based on what a WITNESS says ?? or based on liberty of individual, severity of offence etc etc ???

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ORDER

IN S.B. Cr. Misc. 2nd Bail Application No.1564/2013
Indraraj alias Guddu Vs. State of Rajasthan through Public Prosecutor

Date of Order ::: 19.09.2013

Hon’ble Mr. Justice Mohammad Rafiq Shri Harendra Singh Sinsinwar, counsel for petitioner Shri Sanjeev Kumar Mahala, Public Prosecutor http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/

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By the Court:-
The first bail application of petitioner, being Bail Application No.2539/2012, was dismissed by this court vide order dated 28.03.2012 with direction to trail court to conclude the trail at the earliest and petitioner was given liberty to again apply for bail before the court below itself after statements of key prosecution witnesses are recorded. http://evinayak.tumblr.com/ ;
https://vinayak.wordpress.com/

Learned Public Prosecutor submits that though statements of key prosecution witnesses have been record, but they have deposed against the accusedpetitioner.
This second bail application is accordingly dismissed on merits as the key prosecution witnesses have deposed against the accused-petitioner. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/

(Mohammad Rafiq) J

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF – Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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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

whaat ? MORE time to get a bail heard, than getting acquitted in whole case ???

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

ORDER
IN S.B. Cr. Misc. 2nd Bail Application No.2941/2013

Sanjeev Kumar alias Chunna Vs. Stateof Rajasthan
through Public Prosecutor

Date of Order ::: 19.09.2013

Hon’ble Mr. Justice Mohammad Rafiq Shri R.M. Sharma, counsel for petitioner Shri Sanjeev Kumar Mahala, Public Prosecutor http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/

******************** By the Court:-

Learned counsel for petitioner submits that, on completion of trial, the accused-petitioner has been acquitted of the charges, hence this bail application has become infructuous. Therefore, it is prayed that this second application for bail may be dismissed as having become infructuous. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/

Dismissed as infructuous.

(Mohammad Rafiq) J.

***********************disclaimer***************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF – Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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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

Muslim brothers BEWARE; Feminist Plan to DENY constitutional rights under sharia!! PL take note, act immediately …fight against lawyers entering your houses !!!!

Preamble : Notes :

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  • Muslims of India fought and obtained the constitutional right to use ‘Sharia’;
  • ‘Sharia’ law is to be used in all personal matters governing Muslims… This is enshrined in the constitution .
  • However now there is an attempt to slowly remove the Qazis from their holy duty of pronouncing a Talaq. !!!
  • Why allow Muslim men to live & divorce in peace? screw them also, seems to be the UNFORTUNATE idea behind this legal move
  • IF this become the law, Just as Hindu men are struggling with divorce, Muslim men will also start struggling !!!

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Plea on Qazis’ power goes to higher bench

By Express News Service – MADURAI

Published: 24th September 2013 10:03 AM

Last Updated: 24th September 2013 10:03 AM

A petition filed in the Madurai Bench of the Madras High Court seeking to declare that Qazis (Islamic Judge) are not empowered to certify talaq (Muslim divorce) has been transferred to the principal bench in Chennai since a similar petition is pending before it.

In her public interest litigation petition, Sulthan Rishwana Banu of Madurai pointed out that as per Islamic personal law men could divorce their spouses by pronouncing the ‘talaq’ thrice. This talaq was certified as valid by the Qazis.

Banu contended that in other religions women have been sufficiently protected by necessary legislations against arbitrary divorce. In contrast, Muslim women in India have been subjected to unilateral and arbitrary divorce by their husbands.

The State had not taken any steps to codify Islamic law though it is provided that the State shall endeavor to secure for the citizens equality before the law.

According to Banu, several Muslim men, even without the knowledge of the wives are pronouncing talaq thrice and also represent to the Qazis that they have pronounced talaq and have obtained certificate to the said effect to divorce their wives.

Petitioner said though the Qazis were once upon a time judicial authorities under Muslim personal law, their powers were taken over by Civil Courts during the colonial period. Since then they have not been vested with powers of adjudication as per the provisions of the Qazis’ Act 1880. The said Qazis Act does not confer administrative or judicial power to the Qazis and they have no power to issue certificates recognising divorces based on talaq. Hence the petitioner sought a direction restraining the chief Qazi and the Qazis under him in TN from issuing any certificate of approval for divorces based on the uttering of talaq.

http:// newindianexpress.com/ states/tamil_nadu/Plea-on-Qazis-power-goes-to-higher-bench/2013/09/24/article1800379.ece

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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

ablaa Naari wife held for morphing pictures of hubby’s mom, sister; Initially she morphed husband’s pictures, but that time she was NOT held and husband was told to PATCH UP !!

"…………Mohanapriya, a native of Bangalore who was living in West Bengal, had completed her MBA abroad and had several friends. She continued to be in touch with them after her marriage through social networking sites and through text messages. ………."

"…………Enraged over his decision to approach police, she decided to morph the pictures of his mother and his sister. A friend of Pradeep noticed the pictures on Facebook and informed him. She had taken pictures of her mother-in-law and sister-in-law and changed them with the help of a friend abroad before uploading them on to the networking site……."

******************** news from TOI ****************

Woman held for morphing pictures of hubby’s mom, sister

TNN Sep 28, 2013, 07.14AM IST

CHENNAI: A 25-year-old woman was arrested on Friday for uploading morphed pictures of her mother-in-law and sister-in-law online after her husband filed for divorce. The woman, Mohanapriya, and her father Anand Kodiraj, who was also nabbed for helping her, were later remanded in judicial custody.

The case came to light following a complaint from Krishnamoorthy. Police said Krishnamoorthy’s son Pradeep, 30, a Bangalore-based software engineer, met Mohanapriya through a matrimonial site and they got married in November 2012.

Mohanapriya, a native of Bangalore who was living in West Bengal, had completed her MBA abroad and had several friends. She continued to be in touch with them after her marriage through social networking sites and through text messages. This apparently irked Pradeep and the couple often fought over the issue. They had not been on good terms for the last three months, police said.

The engineer then decided to file for divorce, but Mohanapriya didn’t want to. To vent her anger, she allegedly posted morphed pictures of Pradeep with several girls on the social networking site Facebook. He lodged a complaint at a police station in Bangalore, and Mohanapriya was warned and let off. The couple then moved to a relative’s house in Besant Nagar and they continued to shuttle between Bangalore and Chennai, police said

Enraged over his decision to approach police, she decided to morph the pictures of his mother and his sister. A friend of Pradeep noticed the pictures on Facebook and informed him. She had taken pictures of her mother-in-law and sister-in-law and changed them with the help of a friend abroad before uploading them on to the networking site.

Pradeep lodged a complaint with the cyber crime cell of the Chennai police and the pictures were soon removed from the site.

A case was registered against the woman under Section 66 (hacking with computer system), and 66A (sending offensive messages through communication service of the IT Act and section 4 of the Tamil Nadu Prevention of Women Harassment Act.

http://articles.timesofindia.indiatimes.com/2013-09-28/chennai/42480807_1_uploading-morphed-pictures-police-station-pradeep

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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