Daily Archives: July 14, 2014

Corrupt judge took money in matri cases to convict hubby!! Gets caught !!

Story of how a corrupt judge demanded money from the father in law to convict the husband !!!*******************************

AUGUST 8, 2010

In the High Court of Judicature at Madras

Dated: 30.07.2010

Coram:

The Honourable Mr.Justice ELIPE DHARMA RAO
AND
The Honourable Mr.Justice K.K.SASIDHARAN

WRIT PETITION NO.15983 OF 2007

R. Kalarani … Petitioner

Versus

1. Madras High Court
rep.by its Registrar General
Chennai-60104.

2. The State of Tamil Nadu
rep.by the Secretary to Government
Law Department
Fort St.George
Chennai-60 009. … Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus calling for the records relating to G.O.(D).No.280 Home (Cts.IA) Department dated 2.3.2007 passed by the second respondent, quash the same and direct the respondents to reinstate the petitioner in service with all consequential benefits, including arrears of pay and allowances.

For Petitioner .. Mr.AR.L.Sundaresan
Senior Counsel
for M/s.P.V.S.Giridhar Associates.

For Respondents .. Mr.A.Jenasenan
for R.1

Mr.G..Desinghu
Spl.Govt.Pleader
for R2

*****

O R D E R

ELIPE DHARMA RAO, J
The petitioner challenges the proceedings of the second respondent dated 2 March, 2007 whereby and whereunder she was dismissed from service.

2. In the affidavit filed in support of the writ petition, the petitioner would contend thus:-
(i) The petitioner was appointed as a Civil Judge (Junior Division)/Judicial Magistrate I Class as per proceedings in G.O.Ms.No.1517 dated 16.11.1999. After initial training as District Munsif, she was posted as Judicial Magistrate I Class at Dindigul.

(ii) While she was functioning as Judicial Magistrate, Dindigul, a criminal case for dowry harassment and related offences was filed by one Sundareswari in Crime No.19/1999 before All Women Police Station, Dindigul. After investigation, a charge sheet was laid against the accused before the Judicial Magistrate Court at Dindigul. The case was taken on file in C.C.No.97 of 2000. After elaborate trial, the accused was acquitted as per judgment dated 9.1.2001. The judgment was partly confirmed by the High Court.

(iii) While acquitting the accused, the petitioner passed strictures against the police officers for filing a false case. As a result, the police, the Assistant Public Prosecutor and the father of the complainant were inimically disposed of towards the petitioner. Therefore they preferred a false complaint alleging that the petitioner has demanded bribe of Rs.20,000/- from the father of the complainant for convicting the accused. The complaint was preferred on 21 February, 2001. However, after three months, the complainant Marimuthu changed the story and he has come up with a story that the petitioner has demanded bribe of Rs.2,00,000/-.

(iv) The petitioner was placed under suspension by order dated 29 November, 2001. She was served with a charge memo on 21 March, 2003 enumerating eight charges, which reads thus:-

Charge No.1:-
That you Tmt.R. Kalarani, Civil Judge (Junior Division)/J.M.F.C. now under suspension, while functioning as Judicial Magistrate No.I, Dindigul had applied for Casual Leave for one day on 22.5.2000 and permission to avail the Holidays on 20.5.2000 and 21.5.2000 to go to Madurai for personal reasons, but proceeded to Kodaikanal with family members thus you had deliberately and wantonly suppressed the facts of proceeding to Kodaikanal with ulterior motive and thereby committed the acts of dereliction of duty, suppressing the facts and giving false information to the superiors, misuse of power and abuse of power and conduct unbecoming of a Judicial Officer and thereby rendered yourself liable to be punishable under the Tamil Nadu Civil Services (Discipline and Appeal) Rules;

Charge No.2:
That you Tmt.R. Kalarani, Civil Judge (Junior Division)/J.M.F.C. now under suspension, while functioning as Judicial Magistrate No.I, Dindigul during the course of the trial in C.C.No.97/00 on the file of the said court demanded from Thiru B.V.R.Marimuthu one of the witnesses in the said case to hire a car for you, to proceed to Kodaikanal; that you, your family members along with the said Thiru B.V.R.Marimuthu travelled in that hired car bearing Registration No.T.N.V.2757 to Kodaikanal on 20.5.2000; that you stayed at Kodaikanal in”Valley View” Hotel, arranged by the said Thiru Marimuthu from 20.5.2000 to 22.5.2000 , that you along with your family members and the said Thiru Marimuthu met Thiru Kurian Abraham, then Chairman Kodaikanal Municipality at his residence on 20.5.2000, in connection with the said C.C.97/2000, discussed with them about the case; that you with your family members, Thiru Marimuthu and Thiru Kurian Abraham took various photographs at his residence, took tiffin along with them and thus mingled with the litigants of the case, which you ought not to have done, thereby indulged in corrupt practices and committed the acts of misuse of power, abuse of power, failure to maintain the dignity and decorum expected from a Judicial Officer and conduct unbecoming of the Judicial Officer and thus rendered yourself liable to be punished under the Tamil Nadu Civil Services (Discipline and Appeal) Rules.

Charge No.3
That you Tmt.R. Kalarani, Civil Judge (Junior Division)/J.M.F.C. now under suspension, while functioning as Judicial Magistrate No.I, Dindigul, while conducting the trial in C.C.No.97/2000 on the file of the said Court, demanded a sum of Rs.20,000/- from Thiru B.V.R.Marimuthu father of the complainant Tmt.Sundareswari in the said C.C. and one of the witnesses in the said case for convicting the accused; that you received a sum of Rs.10,000/- from the said Thiru B.V.R. Marimuthu on 21.5.2000 at Kodaikanal in the presence of Thiru Kurian Abraham, Chairman, Kodaikanal Municipality thus indulged in corruption and corrupt practices and committed the acts of abuse of power, misuse of power and conduct unbecoming of a government servant and thereby rendered yourself liable to be punished under the Tamil Nadu Civil Services (Discipline and Appeal) Rules.

Charge No.4
That you Tmt.R. Kalarani, Civil Judge (Junior Division)/J.M.F.C. now under suspension, while functioning as Judicial Magistrate No.I, Dindigul during the course of the trial in C.C.No.97/00 demanded from Thiru B.V.R. Marimuthu, father of the complainant Tmt.sundareswari in the said C.C and one of the witnesses in the said case to make a Judges Chair for you, that the said Thiru Marimuthu had spent a sum of Rs.5,000/- and made the chair, as demanded by you and handed over it to you; that you received the said Chair and did not pay any amount for making the said Chair, that you were using the same in the Court thus indulged in corruption and corrupt practices and committed the acts of misuse of power, abuse of power and conduct unbecoming of a government servant and thereby rendered yourself liable to be punished under the Tamil Nadu Civil Services (Discipline and Appeal) Rules.

Charge No.5
That you Tmt.R. Kalarani, Civil Judge (Junior Division)/J.M.F.C. now under suspension, while functioning as Judicial Magistrate No.I, Dindigul during the course of trial in C.C.No.97/00 on the file of the said court, contacted Thiru B.V.R. Marimuthu, the father of the complainant in C.C.No.97/2000 and one of the witnesses in the said case, to come to your residence; that when he came to your residence on 1.1.2001 at 10.00 a.m. you demanded from him a sum of Rs.2,00,000/- for convicting the accused; that when he refused to the demanded amount, you on 9.1.2001 acquitted all the accused in the said CC as he did not pay the demand amount thus committed the acts of corruption and corrupt practices, abuse of power, misuse of power and conduct unbecoming of a government servant and thereby rendered yourself liable to be punished under the Tamil Nadu Civil Services (Discipline and Appeal) Rules.

Charge No.6
That you Tmt.R. Kalarani, Civil Judge (Junior Division)/J.M.F.C. now under suspension, while functioning as Judicial Magistrate No.I, Dindigul had fixed an A.C.Plant in the first floor of your quarters, altering the structure of the quarters without obtaining the prior permission from the Principal District Judge, Dindigul as required; that you had not given the particulars relating thereto in the asset and liability statement submitted by you to the High Court and thereby violated the provisions of the Government Servants, Conduct Rules and Committed the acts of dereliction of duty, suppressing and conduct unbecoming of a government servant and thereby rendered yourself liable to be punished under the Tamil Nadu Civil Services (Discipline and Appeal) Rules.

Charge No.7
That you Tmt.R. Kalarani, Civil Judge (Junior Division)/J.M.F.C. now under suspension, while functioning as Judicial Magistrate No.I, Dindigul in C.C.No.370/06 on the file of the said court, levied a fine of Rs.100/- in C.M.P.No.708/2000 against the accused for contempt of Court; that the said amount was ordered to be paid to the Legal Aid Authority at Dindigul, that the fine amount of Rs.100/- was collected and the receipt issued; that on verification the said amount was neither entered into the fine Register nor committed to the Government Account either on the said day or on the next day, thereby committed the acts of mis-appropriating the said amount, dereliction of duty, negligence and failed to maintain proper account in accordance to rules and thereby rendered yourself liable to be punished under the Tamil Nadu Civil Services (Discipline and Appeal) Rules.

Charge No.8
That you Tmt.R. Kalarani, Civil Judge (Junior Division)/J.M.F.C. now under suspension, while functioning as Judicial Magistrate No.I, Dindigul during the course of hearing in C.C.No.165/2000 when the A.P.P.II attached to the said court was on Medical Leave and the incharge A.P.P had not appeared before you on the said day, that you had recorded in the notes paper unilaterally treating P.Ws.1 to 3 as hostile witnesses without the endorsement of the A.P.P.II or in charge A.P.P concerned and thus committed the acts of dereliction of duty, negligence, violation of court procedure and falsification of Court records and conduct unbecoming of a Judicial Officer and thereby rendered yourself liable to be punished under the Tamil Nadu Civil Services (Discipline and Appeal) Rules.”

(v) The petitioner submitted her explanation on 5 May, 2003 denying the charges. She also produced as many as seventeen documents as annexures, to show the falsity of the case pleaded by the complainant. However, her explanation was not accepted and as such an enquiry was ordered into the charges. The enquiry commenced on 25 June, 2005. The Enquiry Officer conducted the enquiry in a hasty and prejudiced manner. Ultimately, the Enquiry Officer reported that the petitioner was guilty of all the charges. After the enquiry report dated 14 October, 2005, the petitioner was given an opportunity to submit a further representation. Accordingly, the petitioner submitted her representation, pointing out the infirmities in the enquiry and in the findings of the Enquriy Officer. However without a fair and objective consideration of the explanation and ignoring her defence totally, an order of removal was passed on 2 March, 2007. Feeling aggrieved, the petitioner has filed this writ petition.

3. The first respondent has filed a counter in answer to the contentions raised in the writ petition. The material contentions read thus:-

(i) There were series of complaints of corruption against the petitioner in the year 2001 and the complaints were referred to the Vigilance Cell of the High Court. The Vigilance Cell, after enquiry, submitted a report, based on which, charges were framed against the petitioner under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. The Principal District Judge, Tirunelveli was appointed as the enquiry officer to enquire into the charges. Subsequently, the Principal District Judge, Dindigul was appointed as the Enquiry Ofifcer. A detailed enquiry was conducted by the Enquiry Officer duly complying with the principles of natural justice and he held, charges 2 to 6 and 8 as proved and charge No.7 as partly proved.

(ii) The findings of the Enquiry Officer were placed before the Administrative Committee and the Committee, at its meeting held on 4 April, 2006, resolved to accept the findings of the Enquiry Officer and directed to furnish a copy of the findings to the petitioner for further representation.

(iii) The representation received from the petitioner was placed before the Administrative committee on 8 August, 2006 and thereafter, before the Full Court, by circulation. The Full Court, after considering the findings of the Enquiry Officer and the reply submitted by the petitioner, resolved to accept the findings of the Enquiry Officer and it was further resolved to remove the petitioner from service. Accordingly, the Government was addressed for issuing orders, imposing the penalty of removal from service on the officer. Accordingly, the impugned order was passed.

4. The learned Senior Counsel for the petitioner made extensive submissions in the light of the evidence adduced before the Enquiry Officer as well as his report. The principal contentions read thus:-

(a) The complainant Marimuthu in his original complaint stated that the petitioner demanded a sum of Rs.20,000/-. However, subsequently, he changed his version and alleged that there was a demand for a sum of Rs.2,00,000/-. Therefore, the evidence of such untrustworthy and an interested witness cannot be believed.

(b) The complaint was preferred only after delivery of the judgment in C.C.No.97 of 2000. The complainant was aggrieved by the acquittal of the accused. It was not a bonafide complaint, as it was made with a view to tarnish the image of the Judicial Officer and to wreak vengeance against her.

(c) The petitioner, though initially informed the officers that she was proceeding to Madurai, subsequently informed the Court staff over phone that her journey was only to Kodaikanal. She stayed only in a private hotel. Therefore, there was nothing wrong in changing the destination and, as such, the charge relating to her journey to Kodaikanal has no basis.

(d) The petitioner has no acquaintance with the complainant Marimuthu. Therefore, it cannot be said that she was in the company of the witness, though in the photograph taken from the premises, he was also present.

(e) P.W.2 Kurian Abraham, in his evidence before the Enquiry Officer, submitted that he has not seen the actual acceptance of money by the petitioner. According to him, only a cover was given to the petitioner by the complainant. However, the complainant in his evidence as well as in the complaint submitted that the amount was paid to the petitioner in the presence of P.W.2. Therefore, no credence could be attached to the evidence of such witness, whose evidence is full of contradictions.

(f) P.W.2 – Kurian Abraham was not a man of good character as he was involved in land grabbing and other offences. Therefore, the evidence of such a person must be ignored.

(g) Though there were other complaints also preferred against the petitioner, all those complaints were found to be false later and the complainants’ named therein informed the Enquiry Officer that they have not made any such complaints. Therefore, there was a conscious attempt to implicate the petitioner in false charges.

5. In reply, the learned counsel for the first respondent would contend thus:
(a) The receipt of money by the petitioner was proved through the evidence of P.W.1 – Marimuthu and P.W.2 – Kurian Abraham.

(b) The photographs taken on 21.5.2000 would clearly prove the presence of the petitioner along with the complainant and therefore, the petitioner cannot be heard to say that she was not aware of the complainant, who was very much present in the residence of P.W.2 on the date of her visit.

(c) The petitioner has also made the complainant to procure a chair and the same was proved through the evidence of one S.M.Pandi P.W.5. Therefore there were clinching evidence against the petitioner which only made the Enquiry Officer to hold all the charges proved.

6. The petitioner was functioning as Judicial Magistrate I Class at Dindigul. A case in C.C.No.97 of 2000 was pending on her file. P.W.1 -Marimuthu and her daughter Sundareswari/the de-facto complainant were examined on 17.5.2001. Therefore, the petitioner cannot be heard to say that she has not seen the complainant Marimuthu before.

7. The petitioner left the Headquarters on the premise that she was proceeding to Madurai. However, she changed her programme and proceeded to Kodaikanal on 20.5.2000. Admittedly, on 21.5.2000 she was found in the residence of P.W.2 Thiru Kurian Abraham. P.W.1- Marimuthu was also there along with him. Various photographs taken from the bungalow of P.W.2 would clearly show the presence of P.W.1 along with the petitioner.

8. It is true that the complainant has stated that money was paid in the presence of P.W.2. When P.W.2 was examined as a witness, he has, very categorically, stated that while the petitioner was sitting in the hall of his house, P.W.1 Marimuthu had given a cover to her and he did not know as to what was there in the cover. It was also his evidence that both of them spoke for sometime and thereafter Marimuthu told him that he had given Rs.10,000/- to the Magistrate. Even though P.W.2 was cross examined at length, he consistently took the stand that a cover was given to the petitioner in his presence. We do not find any reason to disbelieve the evidence of P.W.2. Even according to the petitioner, P.W.2 has no animosity towards her. Though an attempt was made to show as if there were criminal cases pending against P.W.2, subsequently, it was brought out that those cases ended in his favour, holding him not guilty of the charges levelled against him. Merely because there were criminal cases against P.W.2 earlier, it cannot be said that his evidence has to be rejected in toto. The evidence of P.W.2 has to be considered in the light of the photographs taken from his bungalow. Those photographs give a clear indication that the petitioner was in the company of P.Ws.1 and 2. The Assistant Public Prosecutor was also present along with the petitioner on 21.5.2000 in the bungalow of P.W.2. The photographs would clearly show that the witness Marimuthu was talking to the petitioner as well as to her husband. Thus, the presence of the petitioner along with P.W.2 is beyond dispute. The petitioner being a Judicial Officer has no business to go to a private residence and to remain there in the company of the father of the complainant, whose case was pending before her.

9. It is true that P.W.1 has improved his case subsequently. Originally it was his case that the demand was for a sum of Rs.20,000/-. Subsequently he had changed his version and projected as if the petitioner demanded a sum of Rs.2,00,000/-. The change of the version, subsequently, cannot be taken to disbelieve the evidence given by P.W.1 in its entirety. Things would have been different in case the petitioner was not found in the company of P.W.1. She was found at Kodaikanal with P.W.1. The photographs speak volumes themselves. The strict principles of the Evidence Act, requiring proof beyond reasonable doubts, have no application to the disciplinary proceeding and what is required is the preponderance of probability.

10. From what has been discussed supra, it is clear that there were clinching evidence against the petitioner in respect of the charges relating to receipt of illegal gratification by her from the father of the de-facto complainant in a criminal case. Therefore, we hold that the findings recorded by the Enquiry Officer, pertaining to charges 1 to 3, were supported by sufficient evidence.

11. The fourth charge relates to procurement of a chair by the petitioner through P.W.1 at the cost of Rs.5,000/-. The evidence of P.W.5 Pandi, who made a chair as well as the evidence of P.W.6 Sivakumar gives a clear indication that the chair was ordered by P.W.1 at the instance of the petitioner. It was the evidence of P.W.5 that the amount was paid only by P.W.1 and the chair was delivered in the residence of the petitioner.

12. Though P.W.5 was cross examined by the petitioner, his evidence with respect to making the chair and delivery of the same to the petitioner remain unchallenged. Therefore charge No.4 was also proved.

13. Since the finding in respect of charges 1 to 4 are sufficient for arriving at an irresistible conclusion that the petitioner was involved in acts of corruption, which is unbecoming on the part of a Judicial Officer, there is no necessity to look into the other charges, as it will not at all tilt the balance in favour of the petitioner.

14. The learned Senior Counsel placed reliance on the following judgments.
(i) AIR 1988 SC 1395 (Ishwar Chand Jain v. High Court of Punjab and another).
(ii) 2007 (4) SCC 247 (Ramesh Chander Singh v. High Court of Allahabad and another).
(iii) 1993(2) SCC 49 (UOI & another v. R.K.Desai)
(iv) 2001(6) SCC 491 (P.C. Joshi v. State of UP & Others)
(v) 1998(5) SCC 493 (R.C.Sood v. High Court of Rajasthan & Others)
(vi) 1999 (7) SCC 409 (Zunjarrao Bhikaji Nagarkar v. UOI & Others)
(vii) 2004(3) Law Weekly 230 (S. Thirupathy v. State of Tamil Nadu and another)

(i) In Iswar Chand case (AIR 1988 SC 1395), an anonymous complaint was received against the Judicial Officer. In the said case, there were certain mistakes committed by the judicial officer in the initial stage of his service and it was found that orders were passed without there being any corrupt motive. It was only in such circumstances, the Supreme Court observed that if judicial officers are under constant threat of complaint and enquiry on trifling matters and if High Court encourages anonymous complaints to hold the field, the subordinate judiciary will not be able to administer justice in an independent and honest manner.

(ii) In Ramesh Chander Singh case (2007(4) SCC 247), again it was for initiating action against the judicial officer on the basis of the judicial order passed by him. The Supreme Court held that for initiation of such proceedings, there should be strong grounds to suspect the officer’s bona fides and the order itself should be actuated by malice, bias or illegality.

(iii) In R.K.Desai’s case (1993(2) SCC 49), the misconduct was one relating to the decision taken by an officer in exercise of judicial/quasi-judicial function. The Supreme Court held that no disciplinary action would lie even though the decision was palpably erroneous.

(iv) In P.C.Joshi case (2001(6) SCC 491), the District Judge incharge granted stay of disconnection of telephone for non-payment in a consumer dispute case filed by a Senior Government doctor. When disciplinary proceedings were taken against him, the Supreme Court observed that it was a case of bona fide and erroneous exercise of judicial powers and such matters cannot be treated as misconduct at all.

(v) In Zuniarrao Bhikaji Nagarkar case (1999(7)SCC 409), the delinquent was the Collector of Central Excise. The basis for initiating action against him was the order passed by him in a proceeding which arose under the Central Excise Act. Since it was only an error of judgment, the Supreme Court observed that if every error of law were to constitute a charge of misconduct, it would impinge upon the independent functioning of quasi-judicial officers like the delinquent. The Supreme Court was of the view that it was not possible to take departmental proceedings on the sole ground that the delinquent committed an error of law.

(vi) In S.Thirupathy case (2004(3) Law Weekly 230), the charge against the Judicial Officer was regarding alteration of the compensation amount from Rs.67,000/- to Rs.50,000/- and replacement of certain pages in the common order by typing in separate sheets. The other charge relates to acceptance of bribe from an accused in a sessions case and the subsequent conviction on account of refusal of the accused to pay the bribe amount. When it was found that the complaint originated only from the accused and that too, after pronouncing the judgment of conviction against him, the Division Bench observed that more should be the care and caution when a litigant before the Subordinate Judge himself is the complainant and who had an axe to grind, having suffered an adverse judgment.

15. The precedents relied on by the learned Senior Counsel has absolutely no relevance to the facts on hand. Those were all cases where an error of law, committed by the Officer in his function as a judicial officer/quasi judicial authority, were taken as basis for initiation of departmental proceedings. The judgment of the Division Bench in Thirupathy case stands on a totally different footing. In the said case, the accused himself preferred a complaint against the learned District Judge and there were no other materials to connect the District Judge with the alleged misconduct.

16. The facts of the present case are entirely different. The petitioner was well aware of the proceedings in C.C.No.97 of 2000 pending on her file. P.W.1, who is none other than the father of the complainant was examined on 17.5.2001. The complainant was also present on that day for examination. The petitioner applied for one day casual leave on 22.5.2000 and sought permission to avail the holidays on 20.5.2000 and 21.5.2000 and also to leave the headquarters on the evening of 19.5.2000 after completing her regular work. While leaving the Headquarters it was represented that she was going to Madurai. However, she proceeded to Kodaikanal on 20.5.2000. According to P.W.4 she took the petitioner, her husband and her child in the car bearing Registration No.TNT-2757 and they reached Kodaikanal in the evening. She was taken to the residence of P.W.2 on 21.5.2000. The presence of the petitioner along with P.Ws.1,2 and 7 got proved through the photographs marked as Exs.P.2 to P.4. The charge of acceptance of bribe was proved through the evidence of P.Ws.1 and 2. The charge with respect to the procurement of a chair at the cost of P.W.1 was proved through the evidence of P.Ws.5 and 6. Therefore, there are materials undoubtedly pinpointing the involvement of the petitioner in the act of collecting illegal gratification.

17. The petitioner was a member of the lower judiciary. The lower judiciary is the back bone of the judicial system. Any shake in the foundation of the said system would affect the very judicial structure and people would lose faith in the system. The public expects a clean and efficient judiciary committed to the cause of justice. Judicial Officers commands respect from the public. Their public life has a direct bearing on their judicial work. The judiciary is the last resort of the people and in case the judicial officers are also tempted to accept illegal gratification for discharging the judicial functions, the very system would crumble on its own weight.

18. There is no dispute that the High Court should protect the judicial officers from unnecessary attacks on their integrity without any materials or in matters wherein they have acted purely within the parameters of law. There is a corresponding responsibility and duty cast on the High Court to weed out the corrupt elements from the judiciary. The acts of misconduct of a microscope minority in the judicial service would tarnish the image of the entire judiciary. In any case, the High Court, exercising control over the judiciary, is equally bound to preserve the confidence of the people in the justice delivery system.

19. In NAWAL SINGH v. STATE OF U.P. (2003(8) SCC 117), the Supreme Court observed that judiciary stands on a different footing and no other service could be compared with the judicial service. The observation reads thus:
“At the outset, it is to be reiterated that the judicial service is not a service in the sense of an employment. Judges are discharging their functions while exercising the sovereign judicial power of the State. Their honesty and integrity is expected to be beyond doubt. It should be reflected in their overall reputation. Further, the nature of judicial service is such that it cannot afford to suffer continuance in service of persons of doubtful integrity or who have lost their utility.”

20. The case of a Judicial Officer, like the petitioner, cannot be decided on the principles applicable to a regular departmental proceedings. Even for regular departmental proceedings, as has been observed supra, strict rules of evidence are not applicable. Normally, it is not possible to prove the corrupt charges by way of positive evidence. In matters regarding disciplinary proceedings against the judicial officers, adherence to strict and sophisticated rules of evidence are not necessary. In case the materials produced before the enquiry officer give an indication that there are materials pointing out the improper conduct of the judicial officer, there was no other option than to give a positive finding against the delinquent. Sufficiency of evidence to prove the findings, in matters like this, are beyond scrutiny. If there is some evidence which connects the delinquent with the charges, it is sufficient to take action against the judicial officer. Therefore, in matters relating to charges of corruption, strict view has to be taken. However, there cannot be any doubt that the Judicial Officer, should be protected from the motivated complaints being lodged against them by unscrupulous elements and the persons with vested interest and doubtful integrity.

21. The evidence adduced before the enquiry officer, if viewed in the light of the photographs marked as Exs.P.2 to P.4, would conclusively prove charges 1 to 5 framed against the petitioner. The finding record ed by the Enquiry Officer in respect of those charges would be sufficient to impose the punishment of dismissal from service. All these aspects have been considered in their proper perspective by the Enquiry Officer and also by the Disciplinary Authority.

22. Therefore, we are of the view that no interference is called for in the order impugned in this writ petition.

23. In the result, the writ petition is dismissed. No costs.

(E.D.R.,J) (K.K.S,J)
30.07.2010
Index:Yes/No
Internet:Yes/No

Tr/

To
1. Madras High Court
rep.by its Registrar General
Chennai-60104.

2. The State of Tamil Nadu
rep.by the Secretary to Government
Law Department
Fort St.George
Chennai-60 009.

ELIPE DHARMA RAO,J
AND
K.K.SASIDHARAN, J
Tr
PRE-DELIVERY ORDER IN
W.P.No.15983 OF 2007

30.07.2010

Indian wman who kidnapped son, arrested @Dallas Airport on return aftr 8yrs! Kid reunited wid DAD

An Indian woman who kidnapped a kid AGAINST ORDERS of US courts, has now been arrested and jailed in USA !! The kid is re united with the father.


Many Indian women have been habituated to doing this. We hope the father and kid get necessary justice in this case

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Indian-origin woman arrested at airport after returning to US with kidnapped son

PTI | Jul 13, 2014, 01.43PM IST murder-woman

NEW YORK: A 38-year-old Indian-origin woman was arrested at an airport in the US for abducting her son and taking him to India nearly eight years ago.

The mother, Padmashini Devi Drees, 38, was arrested at the Dallas-Fort Worth airport. Her son Drew Dees, now 10, has been reunited with his father Dean Drees, the McKinney Courier-Gazette reported.

Padmashini is in Collin County jail on a $10,000 bail. Her inmate record lists Dean James Drees as her ex-husband. In addition to the child custody charge — a state jail felony — she is also on an immigration hold.

Police said that Drew was two years old in late December 2006 when Padmashini kidnapped him. The police had issued a warrant for her arrest for interference with child custody.
38312539.cms
Dallas-Fort Worth airport (Getty Images)
The case remained open and investigators found out about Padmashini’s location. The investigators learned that she planned to return to the US with her son and apprehended her at the airport.

McKinney police spokeswoman Sabrina Boston said in a release the agencies "combined resources and worked many long hours to bring about yesterday’s events and reunite the family".

The National Centre for Missing and Exploited Children’s Family Advocacy Division is working to provide a "smooth transition" for Drew’s reunion with his father, police said.


source
http://timesofindia.indiatimes.com/NRI/US-Canada-News/Indian-origin-woman-arrested-at-airport-after-returning-to-US-with-kidnapped-son/articleshow/38311985.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

Employed, earning wife NOT entitled INT MAINT us 24 HMA Madras HC Sathasivam J latr CJI of India !

** "…The above averment shows that the petitioner herein/husband is working in Senthil Auto Garage, Annai Sathya Nagar, Chennai-102 and drawing a salary of Rs.2000/- per month. Likewise, it is also seen that the respondent herein/wife is working in Raj T.V and drawing a salary of Rs.4,500/-…… In the light …, she is employed in a private Satelite T.V. and earning for her livelihood staying with her brother, it cannot be construed that she is not having sufficient independent income…. "
* No interim maintenance !!

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

Madras High Court

Manokaran @ Ramamoorthy vs M. Devaki on 21 February, 2003

Equivalent citations: AIR 2003 Mad 212, I (2003) DMC 799, (2003) 1 MLJ 752

Author: P Sathasivam

Bench: P Sathasivam

ORDER

P. Sathasivam, J.

1. Aggrieved by the order of the Principal Family Court, Madras dated 25-7-2002, made in I.A. No. 1058/2001 in O.P. No. 1310/2000, granting interim maintenance at the rate of Rs.750/- per month and litigation expenses of Rs.1,500/-, the husband has preferred the above Revision under Article 227 of the Constitution.

2. The petitioner/husband has preferred the said O.P. for divorce under Section 13(1)(1a) and (1b) of the Hindu Marriage Act. Pending the said petition, the wife/respondent herein has filed I.A. No. 1058/2001 claiming interim maintenance at the rate of Rs.2,000/- per month and Rs.5,000/- towards litigation expenses under Section 24 of the Hindu Marriage Act. The said application was resisted by the husband stating that she is working in a private concern and drawing a salary of Rs.4,500/- per month. It is also stated that he is earning only Rs.2000/- per month. Before the Family Court, salary certificate of the husband dated 10-6-2002 has been marked as Ex.R-1. Based on Ex.R-1, after finding that he is earning Rs.70/- per day by working in Senthil Auto Garage, the Family Court has concluded that the wife is entitled to interim maintenance at the rate of Rs.750/- per month from the date of petition till the disposal of O.P. and also awarded Rs.1,500/- towards litigation expenses.

3. The only question to be considered in this Revision is whether the wife/respondent herein has made out a case for interim maintenance in terms of Section 24 of the Hindu Marriage Act.

4. Mr. N. Manokaran, learned counsel for the petitioner, after drawing my attention to Section 24 of the said Act and the admission of the wife in the counter statement filed in the main petition viz., O.P. No. 1310/2000, would contend that since she is earning sizeable income and in view of the fact that the petitioner/husband is getting only Rs.2000/- per month, the Family Court has committed an error in granting interim maintenance and litigation expenses. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

5. There is no dispute that the petition has been filed by the respondent/wife claiming maintenance pendente lite and expenses of the proceedings under Section 24 of the Hindu Marriage Act. Section 24 reads thus:

] "24. Maintenance pendente lite and expenses of
] proceedings.- Where in any proceedings under this Act
] it appears to the court that either the wife or the
] husband, as the case may be, has no independent income
] sufficient for her or his support and the necessary
] expenses of the proceeding, it may, on the application
] of the wife or the husband, order the respondent to
] pay to the petitioner the expenses of the proceeding,
] and monthly during the proceeding such sum as, having
] regard to the petitioner’s own income and the income
] of the respondent, it may seem to the court to be
] reasonable."

The above provision would show that for grant of maintenance pendente lite, the party should not have sufficient independent income for her/his support. In other words, if it is found that the applicant has found sufficient income for his/her support, no amount can be allowed as maintenance pendente lite as per Section 24 of the Act. While construing the very same provision in similar circumstance, A.S. Venkatachamoorthy, J., in KUMARESAN v. ASWATHI [(2002) 2 M.L.J. 760 has arrived a similar conclusion. Now I shall consider whether the respondent/wife has any independent income which is sufficient for her survival and for the proceedings. In para 10 of the counter statement filed by the wife in O.P. No. 1310/2000, she herself admitted that,

…..Now the respondent (wife) had got her present job in private body and running her life with the salary and staying with her brother…". The above statement shows that she is employed in a private concern, getting salary and staying with her brother. In the application for interim maintenance, the husband has filed a counter affidavit wherein he has specifically stated that his wife is drawing a salary of Rs.4,500/- from a private concern. In para 5 of the counter affidavit it is stated that, "5. The respondent denies all the allegations in para 5 and put the petitioner strict proof of the same. The averment about I am liberally suffering without financial assistants is put to strict proof since this petitioner is working in the organization Kumari Neruvanam at No. 40, Venkat Narayanan Road, T. Nagar, Chennai 600 017, and drawing a salary of Rs.4500/- she also disclosed this before the All Women Police Station, Thousand Lights, and this petitioner also admitted in her counter statement that she is working in private and running her life. But contradictory to her statement in counter statement now this petitioner come forward with a plea that she is without financial assistance. This petitioner is working as typist and main organizer for a programme in Neingalum Pachalar Agalam a programme telecaste in RAJ TV during Sunday 8.00 A.M, from her company Kumari Neruvanam. The averment about that this respondent is owner of the "Venkataswari Turning Works" at Muthumariamman Koil Street, Anna Nagar, Chennai-600 040 is put to strict proof since this respondent is not the owner of the said company and A. Loganathan is the owner of the said Turning works and this respondent is working in Senthil Auto Garage at Annai Sathya Nagar, Anna Nagar (East) Chennai-600 102, and drawing a salary of Rs.2000/- and this respondent need not to give any monetary assistance to the petitioner for her claim."

The above averment shows that the petitioner herein/husband is working in Senthil Auto Garage, Annai Sathya Nagar, Chennai-102 and drawing a salary of Rs.2000/- per month. Likewise, it is also seen that the respondent herein/wife is working in Raj T.V and drawing a salary of Rs.4,500/-. Though the said aspect has not been substantiated, I have already referred to the admission of the respondent herein in her counter statement filed in the main O.P.1310/2000 wherein she admitted that she secured a private job and is getting salary and staying with her brother. On the other hand, it is established particularly from Ex. R-1, the petitioner herein is getting only Rs.70/- per day or Rs.2000/- per month by working in Senthil Auto Garage. I have already referred to the language used in Section 24 which makes it clear that for grant of maintenance pendente lite the party should not have sufficient independent income for her support. In the light of the materials available, particularly the admitted case of the respondent/wife, she is employed in a private Satelite T.V. and earning for her livelihood staying with her brother, it cannot be construed that she is not having sufficient independent income. The Family Court lost its sight to consider the above material aspect. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

6. In the light of what is stated above, the impugned order of the Principal Family Court dated 25-7-2002, made in I.A. No. 1058/2001 in O.P. No. 1310/2000 is set aside and the Civil Revision Petition is allowed. No costs. It is made clear that pending the divorce proceedings at any point of time if the applicant/wife establishes that she has no sufficient independent income for her support, it is open to her to claim maintenance pendente lite. Consequently, C.M.P. No. 16264/2002 is closed.

*****************************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 movement. SIF as a concept 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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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

No 125CrPC Main 4 deserting 498a wife. But much higher (6x) maint & lumpsum 4 child living with wife!!

“…We find no justification in the contention of the wife for staying at Pune with her maternal uncle, even though her husband had purchased a separate place for their exclusive residence. Such an act on her part of staying at Pune alongwith her newly born son does amount to both cruelty as well as desertion and no fault can be found in the impugned judgment and order granting divorce on the ground of cruelty and desertion…”

“....So far as question of maintenance is concerned, in view of our aforesaid finding, maintenance cannot be granted to the wife. In so far as the child is concerned, we find that an amount of Rs. 500/- which is awarded is too meagre looking to the present requirements of a growing child. ….”

“….The husband will have an option of making lumpsum payment of Rs. 5,00,000/- towards the maintenance of his son and if he makes such lumpsum payment in full, then his liability to pay maintenance at the rate of Rs. 3000/- per month will cease from the date of full payment. He will also have an option to make a lumpsum payment of Rs. 2,50,000/- at the first instance and if he does so then the maintenance payable to the son will stand reduced to Rs. 1500/- per month from the date of such payment. The maintenance amount/amount in lieu of maintenance as aforesaid would be payable to the son till the son attains the age of majority. …..”

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

Bombay High Court

Mrs. Meena Dinesh Parmar vs Shri Dinesh Hastimal Parmar on 4 February, 2005

Equivalent citations: AIR 2005 Bom 298, 2005 (4) BomCR 672, 2005 (2) MhLj 305

Author: R Mohite

Bench: H Gokhale, R Mohite

JUDGMENT

R.S. Mohite, J.

1. This appeal has been filed by the appellant Mrs. Meena Dinesh Parmar (hereinafter referred to as “wife”) against the respondent Dinesh Hastimal Parmar (hereinafter referred to as “husband”) seeking to quash and set aside the Judgment and order passed by the Judge, Family Court, Pune on 26.2.2001 In Petition No. A-354 of 2000 and Petition No. E/810/1998. Petition No. A/354/2000 is a petition filed by the husband for grant of divorce on the ground of cruelty and desertion under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955. The Petition No. E-810/1998 was filed by the wife claiming maintenance under Section 125 of the Code of Criminal Procedure, 1973. By the impugned Judgment and order the Judge, Family Court granted dissolution of marriage by decree of divorce on both the grounds and granted Rs. 500/- per month as maintenance to a son Bhushan who was born out of the marriage, while rejecting the claim of the wife for grant of maintenance.

2. The case of the husband as made out in his petition filed in the Family Court was as under:

a) That, both the parties belonging to Hindu community had entered into an arranged marriage on 24.2.1995. The marriage was performed as per the Hindu Vedic rites. At the time of marriage the husband was a bachelor and the wife was a spinster.

b) After the marriage the newly wedded couple started residing in a family residence of the husband at Bhandup. A few days after the marriage the wife started picking up quarrels with the husband and other family members on trifle matters. She started insisting for separate accommodation. According to the husband even before the marriage, he had asked his wife as to whether she was ready to stay in a joint family and she had agreed to do so. The husband reminded her of this consent given by her but the wife continued to insist that they should move to a separate accommodation. The husband move to a separate accommodation. The husband tried to persuade her not to be adamant but the wife respondent by denying him physical contact, thus, causing him mental and physical torture. The husband further found that his wife was not carrying out household duties. She used to sit in a corner in the room and was not helping other family members in carrying out other household duties.

c) That the parents of the wife used to reside at Yogita Building, Daulat Nagar, Borivali (E). The wife used to frequent her parents house. She had a maternal uncle staying at Pune. This maternal uncle was a divorcee and the petitioner’s wife used to visit her maternal uncle also. The husband was required to go and search for her and he used to find her at her parents’ home.

d) That, on 15.5.1996, the husband sent his wife to her parents’ house at Borivali for delivery as she was then seven months pregnant. However, to the dismay of the husband and his family, his wife went to the house of her maternal uncle at Pune for delivery instead of staying at her parents house at Borivali. She went to the house of her maternal uncle without informing the husband. Inspite of such action by his wife, upon master Bhushan being born at Pune, the husband and his family members had gone to see the newly born baby at Pune. At Pune, the husband asked the wife to return with him to the matrimonial home at Bhandup but the wife refused to do so. Her maternal uncle Babulal Dhoke also refused to send her to Mumbai alongwith the husband. Quarrel took place between the wife and her maternal uncle on one hand and the husband and his family members on the other and the wife clearly told her husband that she will never return to her matrimonial home and she will live with her maternal uncle at Pune. She also told the husband that she wanted a divorce from him.

e) Since the husband found that his wife was completely adamant about having a separate accommodation, in the month of April, 1997, in order to save his matrimonial life, he purchased a separate premises. Thereafter, husband and his family members went to Pune on several dates to persuade the wife to return but she refused to do so. On 3 to 4 occasions maternal uncle even assaulted the husband and tried to drive him out of the house.

f) On the occasion of the first birth day of the child,master Bhushan, husband had gone to Pune with some sweets, clothes and presents. However, the wife and her maternal uncle refused to accept the presents and threw the same towards the husband. Husband then collected the same and kept them in a corner of the room. However, the wife sent back sweets, clothes and presents to the husband by courier on the very next day.

g) On 26.9.1997 the husband filed a petition in the Family Court at Pune for restitution of Conjugal rights.

h) As a counter move to the said petition, wife filed police complaint against the husband and his family members at Pune (Ramoshi Gate) Police Station and the husband and his family members were required to go to the police station at least thee times and due to the harassment caused to them and likelihood of harassment they also applied for anticipatory bail which was granted to the husband and his family members by the court.

i) On 1.6.1998 wife then filed a maintenance application in the Family Court at Pune. In her application, she contended that due to harassment caused by her husband and his family members she had to leave for her parental home when she was pregnant. But as the harassment continued, her parents sent her to the house of her maternal uncle at Pune. Inspite of her delivery on 29.7.1996 she continued to be neglected by her husband. That, because of continued harassment and the sending of a false notice by her husband she had to file criminal case in Khadki Police Station at Pune. She claimed maintenance at the rate of Rs. 500/- p.m. for herself and Rs. 500/- for her son. She also filed Civil Misc. Application in the High Court of Mumbai for transfer of the husband’s petition for restitution of conjugal rights. Seeing that there was no hope of her return, the husband withdrew his petition for restitution of conjugal rights by filing an application dated 5.11.1998 in the family Court at Bandra. The wife also filed a private complaint under Section 498A of the Indian Penal Code at Pune Court. As a result of these proceedings it has become clear that his wife was not interested in living with him.

j) In the circumstances, on 10.11.1998, the husband filed a petition for grant of divorce on the ground of desertion and cruelty.

3. On 8.10.2000, the wife filed her written statement. In the written statement she denied the allegations made by the husband. She also came out with a positive case that her parents had given 33 tolas of gold ornaments and 4-K.G. of silver ornaments to her on the demand made by her husband. That her parents had spent four to five lacs at the time of the marriage. That, after the marriage the husband and his family members had asked money from time to time from her parents and therefore, her parents were constrained to sell their flat for fulfilling the demand of her husband and her family members. She was harassed and ill-treated by the petitioner and his family members. Her husband tired to compel her to give a divorce in writing on stamp paper. Her parents were not in a position to fulfil such exorbitant and continuous demands because they were not financially sound. That, she was never provided with medical aid during her pregnancy and therefore, she became weak. That, as a result of such harassment she had to return to her parents house at Borivali. Since her husband and his family members continued to harass her, her parents sent her to Pune for her safety. At Pune she delivered her child and since she was very weak she was admitted in Meera Hospital where she took treatment for 2.1/2 months. That, her husband neither performed his duty as her husband or as father of the child nor had he visited her after her delivery. That, her husband was making false allegations against her for adultery. That, her maternal uncle was a respectable person in society and was just like her father to her. He had brought up her just like a daughter. That, these allegations made by her husband against her and her maternal uncle amounted to cruelty to her and her maternal uncle. She denied that she had made any demand for a separate residence and denied that she had caused any mental and physical torture by denying physical relations to her husband.

4. At the trial the husband examined himself as P.W.No. 1, his brother Dr. Naresh Parmar as P.W.2 and one Kantilal Ranka who claims to be the employer of the husband as P.W.3. The wife examined herself as R.W.1, her mother Bhavaribai Surana as R.W.2, her other uncle Devraj Dhoka as R.W.3 Both the sides produced documentary evidence. Upon considering all the evidence on record, the Family Court, Pune passed the impugned judgment and order which is the subject matter of challenge in this appeal. It may be stated here that since no stay to the decree of divorce was granted pending this appeal, the husband married again and has by now two children from his second marriage.

5. We have heard both the sides exhaustively. We have also perused the entire evidence on record. We made serious attempts to see that the parties to be brought together but our efforts have failed. It is the admitted position before us that the parties have been staying separately since 15.5.1996 i.e. for a period of more than 6 years and 8 months. Since all attempts of reconciliation failed, we have looked into the evidence in order to decide the matter on merits. We find from the evidence of the husband that the main reason given by him as to why his wife was unhappy was that she was seeking a separate accommodation and desired to stay away from the joint family. He has stated that his wife denied physical relations with him and caused him physical and mental torture. That,after she left her matrimonial home on 15.5.1996, though she initially went to her parental house at Borivali within two days he came to know that she had gone to her maternal uncle’s house at Pune. He deposed that he had gone to the house of her maternal uncle and had been abused by him. His wife had informed him that she wanted to stay at Pune. That, in April, 1997 he had made arrangement for a separate residence at Bhandup and had intimated about it to the parents of his wife but inspite of this she did not return. We have noted that the wife took the contention that she was willing to stay in a joint family. If this be so, then one of the main reason for acrimony between the parties would not exist and there was no reason for her not to return to her husband. We find that she has contended that she was harassed and ill-treated by the petitioner and his family members. Her contentions in this regard are vague. There is no date mentioned in respect of any particular incident of harassment. So also particulars of harassments are also not given. She had stated that she was never provided with any medical aid during her pregnancy. Apart from her bare statement, there is nothing on record to substantiate this contention. It is noted that she had gone to her parents place at Borivali for delivery however, within two days she left for her uncle’s place at Pune. In the police enquiry her own father had given a statement that his consent and permission was not taken for leaving his house at Borivali. We find no justification in the contention of the wife for staying at Pune with her maternal uncle, even though her husband had purchased a separate place for their exclusive residence. Such an act on her part of staying at Pune alongwith her newly born son does amount to both cruelty as well as desertion and no fault can be found in the impugned judgment and order granting divorce on the ground of cruelty and desertion.

6. So far as question of maintenance is concerned, in view of our aforesaid finding, maintenance cannot be granted to the wife. In so far as the child is concerned, we find that an amount of Rs. 500/- which is awarded is too meagre looking to the present requirements of a growing child. The evidence indicates that the husband had sufficient money to purchase his own flat. He cannot be said to be a person of no means. No doubt, he contended that he had borrowed monies from his friends to purchase the new flat but he candidly admitted that he had not taken any such contention about borrowing of monies from his friends in his petition nor had he led any evidence in this regard. Taking an over all view of the matter, we feel that ends of justice will be met if an amount of Rs. 3000/- per month is granted as maintenance to the child. The husband will have an option of making lumpsum payment of Rs. 5,00,000/- towards the maintenance of his son and if he makes such lumpsum payment in full, then his liability to pay maintenance at the rate of Rs. 3000/- per month will cease from the date of full payment. He will also have an option to make a lumpsum payment of Rs. 2,50,000/- at the first instance and if he does so then the maintenance payable to the son will stand reduced to Rs. 1500/- per month from the date of such payment. The maintenance amount/amount in lieu of maintenance as aforesaid would be payable to the son till the son attains the age of majority. In the circumstances, the appeal is partly allowed with costs in the aforesaid terms.

*****************************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 movement. SIF as a concept 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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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

No Int Maint us 24 HMA for working wife (doctor). Father to maintain kid ! Karnataka HC, 2005

Karnataka High Court

Equivalent citations: AIR 2005 Kant 417, ILR 2005 KAR 4981

Bench: K Manjunath

Dr. E. Shanthi vs Dr. H.K. Vasudev on 22/8/2005

ORDER

Manjunath, J.

1. Petitioner is the wife of the respondent. Both of them are Doctors by qualification. The respondent is working as a Medical officer in a Government Hospital. The respondent has filed a divorce petition in MC. No. 57/2001 on the file of the Family Court at Mysore. In the said proceedings, the petitioner filed an application under Section 24 of the Hindu Marriage Act claiming an interim maintenance of Rs. 5,000/ per month and litigation expenses of Rs. 50,000/-. The said application is dismissed by the Trial Court on the ground that the petitioner is also attending as a Doctor in "Hariharan Clinic", which according to the respondent is a very famous clinic in Chennai. This order is called in question in this writ petition.

2. According to the learned Counsel for the petitioner, the name of the petitioner appears on the board of Hariharan Clinic as one of the consulting Doctors and the said name appears along with her brother prior to marriage and even though she is not practicing as a Doctor, her name on the board continuous and therefore, petitioner is entitled for a separate maintenance. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

3. Admittedly, petitioner is residing with her parents at Chennai and whose brother is also a doctor. When the petitioner was practicing prior to marriage, when her name continuous on the board of the clinic, the Trial Court is justified in rejecting the application of the petitioner. There is no difficulty for the petitioner to work as a Doctor. Even if the petitioner is not working as a doctor in the clinic of her brother, since there are no impediments for her to work along with her brother as a doctor and when she is capable of earning, this Court is of the opinion that the Trial Court is justified in rejecting the application of the petitioner. When the petitioner is capable of earning and having required qualification and that when she was working as a doctor prior to marriage, there cannot be any difficulty for her to continue the same profession. Therefore, Section 24 of the Hindu Marriage Act cannot come to the aid of such persons. Accordingly, this petition has to be rejected. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

4. At this stage, learned Counsel for the petitioner submits that out of the Wed-lock parties have got a minor daughter who is studying in school. When the parties are having a daughter out of their wedlock, it is the responsibility of the father to maintain the child. Admittedly, the respondent is working as a Medical Officer at Chamarajanagar, considering his salary and the fact that he has to maintain his aged parents, this Court directs the respondent herein to pay a sum of Rs. 2,500/- per month from the date of filing of this petition before this Court to maintain the child. Accordingly, the petition is disposed of. Dr. E. Shanthi vs Dr. H.K. Vasudev on 22 August, 2005 http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

source : Indian Kanoon – http://indiankanoon.org/doc/380198/

1

*****************************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 movement. SIF as a concept 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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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