Daily Archives: May 19, 2017

Man files for divorce on grounds of cruelty. Court says go STAY with the wife within 15 days !!

Nagpur Family Court: Start staying with wife in 15 days: Court tells husband – The Times of India

Start staying with wife in 15 days: Court tells husband

NAGPUR: Coming to the Chandrapur-based wife’s rescue, the Nagpur Family Court asked her husband, working in Mumbai, to resume staying with her within 15 days. The court held that alleged grounds of cruelty by the man against her are not proved.

“The dispute between the couple, at the most, was of usual wear and tear of which no matrimonial home is spared,” principal judge IM Bohari said, before allowing wife’s appeal for restitution of conjugal rights.

The court also asked highly qualified couple, both engineers, to bear their respective petition costs, which otherwise is borne by the losing party in matrimonial cases, as both of them prolonged the hearings by skipping them.

The couple entered into wedlock on April 4, 2012, and resided together till December in Pune, before the differences starting cropping up between them. Subsequently, the husband started behaving rudely with her and even refused to consume meals and tea prepared by her. He then started living separately

As a result, the wife went into depression and was brought back to native place by her parents. She then lodged a case against the husband for cohabitation. The respondent also never paid any maintenance to the petitioner.

According to her, the couple had exchanged their marriage proposal through net and at the time of marriage, she was working as a lecturer in an engineering college at Nagpur. For the sake of marriage, she resigned and accompanied the husband, first to Mumbai and then to Pune.

While denying allegations, the man asserted that he was subjected to the mental cruelty by her and therefore, he wanted to annul their marriage. He pointed out that she refused to maintain physical relations with him and often used to create scenes in the society. She also threatened to commit suicide and implicate him and in-laws. They had gone for a honeymoon in Kullu Manali, where she was uncommunicative and told him that she aspired to get married to man staying abroad and he was unfit for her.

“The husband wants court to believe that due to alleged behaviour of wife, he had fallen sick. But he admitted in cross examination that he has no documentary proof on that score. His friend deposed that they had meals at his Mumbai home. If wife been non-cooking woman, his friend would have no occasion to take meals with them,” the judge pointed out.

He observed that though the husband made serious allegations against wife, he failed to prove them. “I am satisfied to hold that it’s man who withdrawn himself from wife’s company without any reasonable cause. At the costs of repetition, I state that after calling upon the husband to behave well for cohabitation, he abandoned her,” the judge said.

http://m.timesofindia.com/city/nagpur/start-staying-with-wife-in-15-days-court-tells-husband/articleshow/58740602.cms

DV case 10 years after the death of husband. To take away property. Completely looses at magistrate & sessions court Delhi

  • Woman gets married to man
  • she then forces the man to completely severe all ties with in Laws
  • she then forces the man to low separately in a different place which is also probably arranged by the father in law
  • then unfortunately the husband dies
  • 10 years after this that the woman filed DV kiss on all other brothers and sisters of the husband TO TAKE AWAY property
  • she completely losses the case both at sessions court and magistrate court

Babita vs Sh. Jai Kishan on 5 May, 2017

https://indiankanoon.org/doc/108818515/

Woman files fake rape case after eight years!!. MALE freed by delhi court ! Says woman mature enough & NOT forced !!

Delhi court frees man of rape charge, says woman was mature enough – The Times of India on Mobile

Delhi court frees man of rape charge, says woman was mature enough
NEW DELHI: A man, accused of raping and threatening a woman, has been acquitted by a Delhi court which said the complainant was mature enough to fully understand what was happening between them.

The court also noted that there was an inexplicable delay on part of the woman in approaching the police as the FIR was lodged in 2016 while the alleged incidents of rape occurred over a time span of eight years since 2008.

“No cogent evidence has emerged on record to show that physical relations were established with the woman without her consent. She was mature enough to fully understand as to what was happening between the two.

“There is nothing in her evidence to demonstrate that she was incapable of understanding the nature and implications of the acts which she consented to. If a fully grown up lady consents to the act of sexual intercourse and continues to indulge in such activity for long, it is an act of promiscuity on her part,” additional sessions judge Praveen Kumar said.

The judge further said that an FIR is a vital piece of evidence and a delay sometimes gives complainant an opportunity to fabricate facts.

“The FIR in criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating oral evidence adduced at the trial…

“Delay sometimes affords opportunity to the complainant to make deliberation upon the complaint and make embellishment or even make fabrications. In the present case, the delay in lodging the FIR has not been adequately explained,” the judge said.

The court noted that no complaint was lodged by the woman immediately after the alleged incidents though she had ample opportunity.

It said from her testimony, it appears she voluntarily stayed with the accused and never tried to run away despite the opportunity to run away from his clutches nor did she ever disclose the incident of rape to anybody.

According to prosecution, the woman, a south-West Delhi resident, lodged a complaint against the accused at the instance of her husband after he read some of the man’s text messages in her phone.

It was alleged that the woman came in contact with him in 2008 and was raped and threatened by him on several occasions till 2016.

The accused had denied the allegations levelled against him contending that he was falsely implicated at the behest of the woman’s husband and whatever relations he had with the woman were consensual.

http://m.timesofindia.com/city/delhi/delhi-court-frees-man-of-rape-charge-says-woman-was-mature-enough/articleshow/58734783.cms

She went 2 his home middle of the night, to cut cake, but is claiming RAPE!! man arrested ! woman refusing medical test!!

Chandigarh: Hotel staffer arrested for ‘raping’ guest

Chandigarh: Hotel staffer arrested for ‘raping’ guest
By HT Correspondent

An employee of the five-star Taj Hotel in Sector 17, Chandigarh has been arrested for allegedly raping a guest of the hotel and stealing Rs 23,000. The accused has been identified as Sunny Kumar, 29, of Himachal Pradesh. He had been working with the hotel for the past five years in the food and beverages section the police claim.

The police add that the 24-year-old victim, hailing from Madhya Pradesh, had been working with a reputed Information Technology company in Jaipur. She was here on an official trip and was putting up in the hotel.

The victim told the police that she had come in contact with Sunny during her stay in the hotel. She had checked-in the hotel only on Monday. She had accompanied him to his house in Sector 22 on Monday evening. She alleged that the accused raped her at his house and later she found that even Rs 23,000 she was carrying was missing from her room.
The victim called the police Tuesday morning alleging that she had been raped. The police went to the hotel and the accused was nabbed.

The victim has told the police that she had accompanied the accused to his house to celebrate her birthday.

She accompanied Sunny “to celebrate” as he left hotel after 1230 am when his duty got over. When she returned to the room after the alleged rape, she found her room ransacked and the cash missing.

“On a complaint from the victim, we have registered a case under Sections 376 (rape) 380 (theft) at the Sector 17 police station against the accused,” said Ram Gopal DSP (central), Chandigarh.

A representative of the hotel management could not be contacted even after repeated attempts.

Victim refuses to undergo medical

The police had sent to victim to get her medical examination done but she did not give her consent.

http://m.hindustantimes.com/punjab/chandigarh-taj-staffer-arrested-for-raping-guest/story-hX5d3fCNGJWIMx12whJD8I_amp.html