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Posts Tagged ‘court’

Man gets divorce after fighting for 30 years

Posted by iluvshrutiverma on January 18, 2011

OCTOGENARIAN J. M. Kohli correctly anticipates the most obvious question related to his unique case – why divorce at 80?

“We never thought of ourselves as each other’s spouse We have been fighting from the beginning – she for money, I for separation,” he said. From his marriage on June 20, 1953, till the Delhi High Court’s final nod to his divorce from Kanta on January 13 this year, Kohli remembers having fought seven different court cases, three of which are still on in various courts, in the feud.

Kohli first filed for divorce in 1982, and a trial court granted it, but Kanta filed a petition against the ruling in the high court, claiming she had not been heard. Kohli regrets that the best years of his life – the nearly 30 years since he filed for divorce – were spent in rushing from one court to another, hearing to hearing.

And a lot has happened in between – an alleged attempt on his life, a brain haemorrhage, being abandoned by his family, untimely transfers to remote areas, unsubstantiated charges of corruption, obstacles to promotion and pension, lost parenthood and a missing marital life. What does a couple willing to part ways and start life afresh do when asked by the court to wait till it delivers its judgment?

A trial court takes four to five years to decide such matters, the high court, on the other hand, takes 10- 15 years, by when all plans to begin marital life anew fails. It is during this stressful time when a person feels the need for love and companionship of this necessity then,” Kohli’s counsel Geeta Luthra said.

Kanta’s counsel Rajat Navet also agreed that the case shouldn’t have dragged on for so long. ” We were just fighting the case to absolve my client of charges of cruelty to her husband. There was no other motive,” he said. Kanta chose not to comment. Kohli said the years he spent in abandonment – when his first wife allegedly threw him out of the house he had built – were the most stressful.

His frail frame quivering with anger, Kohli alleges that his wife took his money and the jewellery he had inherited and later accused him of demanding a dowry which she couldn’t prove, besides the charge of his alleged corruption.

“Kanta’s brother was a senior bureaucrat and made my life miserable. He kept me moving to remote areas like the Andaman and Nicobar Islands,” Kohli said. But Kohli’s connection with courts, it seems, is here to stay. ” I have to go to a court in Saket on the 20th, the next day I’ll be at the Delhi High Court for another case and on February 18, I have to be at the Tis Hazari courts,” he said.

http://in.news.yahoo.com/life-on-hold-while-court-dithered-over-divorce-.html

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It’s a man’s world

Posted by iluvshrutiverma on February 23, 2010

Time and again, I have heard that it is a man’s world.

A man is murdered every 19 minutes as opposed to a woman every 66 minutes. The number of men committing suicide is twice the number of women committing suicide. At home, men are twice as likely to be driven to commit suicide as compared to women. Outside home, men are getting murdered three times as compared to women.

82% of the taxes collected by the Government are contributed by men and Rupees 11,400 Crore is spent annually on women’s welfare. Not even a single rupee has been spent on men’s welfare in the last 60 years the country has been independent. There is a ministry for women and a ministry for children. There are protection laws for almost everyone and everything – including women, soil, animals, fisheries, forest etc. The only entity inconspicuously missing from the large list is men.

Talking about protection, even the domestic violence laws of the nation are gender biased. Only a woman can seek relief from the court under the recently enacted domestic violence act.

On the complaint of women, even 2 month babies have been arrested by the police for causing extreme mental harassment to women.

In the court of law, men are presumed to be guilty unless proven innocent. And given the abysmally slow pace of legal proceedings, it takes decades before a man can prove his innocence.

Adultery is a crime for men while women can legally do it. What is more interesting is the fact that women can now claim alimony from their illicit partner as well. By the way, unlike countries like USA where alimony is only for long lasting marriages and for a specific period of time, in India women are entitled to life-long alimony payments even if the marriage lasted 1 day.

Indian courts, including the Supreme Court of India, routinely forgive women for contempt of court and perjury because of their gender.

Any un-natural death of a woman within 7 years of marriage sends her husband to jail automatically. The most common cause of an un-natural death is suicide; and we already discussed that men are twice as likely to commit suicide as compared to women.

1.12 males are born to every female. The ratio declines to 1.10 by the age of 15; to 1.06 in the age group 15 – 64; and 0.90 for the age group 65 and above. This seems to imply that girls are either genetically superior to boys OR they are protected and men are made to do all the hazardous tasks.

As a matter of fact, worldwide women live on an average 5 – 7 years longer as compared to men. Still, the importance given to women’s health is many times more as compared to men’s health.

Talking about women’s issue is in vogue but people ridicule when a person talks about men’s issues. Hence there are hardly any opinion articles written about men. I personally spoke to an editor of a well known Indian national newspaper and he said “I agree with you in principle but I will not be able to publish any of your views. They are anti-women and the women will sit outside my home on a hunger strike”.

So, people are scared of women, and perhaps because of valid reasons. Last year, women activists forced their way into a High Court and broke the wooden chair on which the judge used to sit because he delivered a judgment in the favor of a husband in a matrimonial dispute.

Talking about the courts, a few months back a Supreme Court judge, while deciding on a matrimonial dispute, clearly told the man “Do as your wife tells you. If she says look this side then you look this side. If she says look that side then look that side. We all have suffered”.

The president of India is a woman and the most powerful politician in the country is also a woman. And still they say it is a man’s world!

http://wp.me/plC3a-bY

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Spent a lot on wedding? Show us proof: Court

Posted by iluvshrutiverma on February 16, 2010

Planning a lavish wedding? Just keep the tax-returns ready. A city court judge has asked a woman and her parents to disclose their source of money for arranging a wedding that reportedly cost them Rs 60 lakh, on Saturday. Moreover, the court refused to register a criminal case against the groom for accepting dowry in the absence of these financial proofs.

Additional Chief Metropolitan Magistrate Rakesh Pandit said “Huge claims are made regarding giving of dowry which are sometimes are astronomical in nature as far as the financial condition of parents are concerned”.

Laviral Kalra (name changed) a resident of Anand Vihar, East Delhi got married to Pooja (name changed) in December 2008. Pooja alleged that her father, a property dealer spent Rs 60 lakh on her wedding, and also gifted a Maruti SX4 car to the groom.

Counsel for Laviral (who wished to remain unidentified) said, “The girl and her parents have not produced any financial documents to support their claims”. The court upheld his argument, and the judge said, “In these circumstances it is very difficult to ascertain whether this much amount was ever spent or any alleged demands were raised.”

The court noted that in matrimonial offences, it is essential to identify the source of money of parents who claim to host an expensive wedding. Pooja’s counsel argued that her parents literally “bowed to Laviral and his family’s wishes”, and the court should order criminal proceedings against him.

In the absence of financial returns or any other documents, the court dismissed Pooja’s counsel’s plea for registration of an FIR against Laviral and his family members.
http://www.hindusta ntimes.com/ rssfeed/newdelhi /Spent-a- lot-on-wedding- Show-us-proof- Court/Article1- 506462.aspx

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Blame judges for 3 crore pending cases

Posted by iluvshrutiverma on February 12, 2010

http://timesofindia.indiatimes.com/city/delhi/HC-judge-lashes-out-against-culture-of-adjournments-/articleshow/5511075.cms

NEW DELHI: A Delhi high court judge has blamed his colleagues for the
“culture of adjournment” that often prolongs cases for years.

Rueing the “latitude shown by the high court” to lawyers who plead for
adjournments, justice S N Dhingra said: “*It appears as if there is an
understanding between the courts and advocates *that come what may the
orders of trial courts refusing adjournments shall be set aside on mercy
pleas and one more opportunity shall be granted.”

*Claiming that courts often grant adjournments on “frivolous grounds”,
Dhingra said: “A separate breed of advocates has cropped up who are experts
in pleading for adjournments and dragging cases. This culture has to be
brought to an end,”* the HC noted, while upholding a order passed by a
guardianship court in a child custody dispute between a couple. The court
refused to adjourn the case when the *woman’s lawyer claimed that he had
left the case files in his car which was stolen 11 days ago. *

The last line shows the cute argument by the lawyer!  If you think that a
lawyer will not lie about his car being stolen, maybe you need an education
in what lawyers in India can get away with.  In BMW case, the
‘well-respected’ defence lawyers who influenced a key witness and were
caught in a sting operation were fined a mere Rs 2,000 by the bar council
and were not allowed to take cases for 2 months.  Long live bar councils!  I
am not saying that, lawyers are.

The HC agreed with the decision of the lower court to proceed with the
hearing and close cross examination of witnesses, despite protests by the
advocate of the child’s mother. “*Adjournments are sought in the name of
strikes, elections, personal difficulties of the senior or briefing counsels
or because two counsels agree to an adjournment*…

Did you read the last part… *two counsels agree to an adjournment… *so now
if you have a doubt how come your case drags on for so long, don’t just
blame other party’s lawyer; it could well be your own lawyer is a willing
party to this *adjournment game at your expense*.

This whole culture of adjournment is a major reasons why a *case or a
petition, which should be decided in two or three hearings, is disposed of
in more than 100 hearings,” *the HC noted while dismissing the appeal filed
by the child’s mother against the lower court’s order.

This is a damning indictment of judiciary and judges.  On one hand, prime
minister, law minister, and chief justice rue about 3 crore plus cases
pending in courts; but if a case is dragged from 3 hearings to more than
100, even god in his next avatar cannot reclaim the judiciary from sinking
down.
*Since lawyers do their job in representing their clients, the majority of
blame lies with judges in granting adjournments at the drop of a hat.*

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Girl repents filing Dowry case

Posted by iluvshrutiverma on January 4, 2010

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Court serves notice to woman for false evidence TOI

Posted by iluvshrutiverma on December 15, 2009

CHANDIGARH: Backtracking on dowry allegations in court proved costly for a woman as she got entangled in her own web of lies, following which, a show-cause notice was served to her for giving false evidence.

According to information, the Sector-25 based woman had levelled dowry charges against her 27-year-old husband, a resident of Sector 51, in May 2007.

In her police complaint, the woman alleged that soon after she got married, her husband started misbehaving and using derogatory language with her for bringing insufficient dowry.

She also alleged that she was thrashed and locked up in rooms on several occasions.

Subsequently, a case under sections 406 (punishment for criminal breach of trust) and 498-A (husband or relative of a husband of a woman subjecting her to cruelty) of the IPC was registered against her husband on July 5, 2007.

However, the case took a new turn when during the court hearing on Monday, the complainant outright denied that she was harassed or maltreated by her husband or her in-laws.

The woman went on to state that a ‘misunderstanding’ had cropped up between the couple, due to which her relations turned sour with the in-laws, resulting in the two getting divorced.

Much to the surprise of the jury, the woman’s parents also supported her statement and denied that she was never maltreated or harassed by her husband and his family.

Shocked at the turn of events, the prosecution declared the complainant hostile, while the judicial magistrate questioned her why she shouldn’t be punished for giving false evidence in the court?

The magistrate in his judgment stated, “The complainant deliberately suppressed the truth and made afalse statement knowing it could be used in the court proceedings. This clearly amounts to perjury.”

He further said, “The complainant should be tried for giving false evidence in legal proceedings. A show-cause notice must be served to her under Section 344 of the CrPC, wherein she must explain why she should not be punished. Separate proceedings must be also initiated against her.”

Meanwhile, the court acquitted the woman’s husband by giving him the benefit of doubt.

http://timesofindia .indiatimes. com/city/ chandigarh/ Court-serves- notice-to- woman-for- false-evidence/ articleshow/ 5337893.cms

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Cruelty against women; Court concerned over misuse of law

Posted by iluvshrutiverma on October 17, 2009

http://www.indianexpress.com/news/cruelty-against-women-court-concerned-over-misuse-of-law/529372/

New Delhi A Delhi court has expressed concern over growing propensity to rope in innocent persons as accused in cases relating to cruelty against married women and sought a vigilant approach from lower courts in prosecuting relatives of the accused husband.

“A tendency has emerged to rope in family members of the husband in cases of Section 498A (cruelty against women), of the IPC. Concrete allegations with regard to the date, the place, the manner, the act of cruelty should be present in the evidence in order to frame charge,” Additional Sessions Judge (ASJ) S K Sarvaria said.

Upholding an order of a magistrate who discharged the husband and his family members in a harassment case lodged by his estranged wife, the ASJ said, “Because of the present propensity to rope in innocent persons, the trial courts have to be vigilant while framing charges for offence of cruelty.

The prosecution had challenged the lower court’s order discharging five accused from the charges of subjecting complainant Kiran to cruelty in 2002 here.

After filing of the chargesheet, the Magistrate had discharged them of the charges saying it did not find concrete evidence to proceed with the case.

The “judicial mind” needed to be applied considering the facts and circumstances of each case while framing the charges, the ASJ said upholding the findings of the lower court.

The ASJ said that the courts were empowered to differ with the findings of probe agencies if they found lacunae in their investigation.

“The court is not expected to act as the Post Office to the decision of investigating agency. When there is some suspicion but not grave suspicion, it is empowered to discharge the accused if the circumstances so warrant,” he said.

The court said that “vague and bald” statements cannot be the foundation for framing of charge.

“When allegations are levelled, the courts are not expected to accept them without applying a judicial mind to the facts and circumstances of the case. The framing of a charge is not a knee-jerk reaction, but is an application of the judicial mind to the evidence before the court,” it said.

The court said that the woman had failed to come up with any specific instance of cruelty in her complaint.

“Facing a criminal trial is not an easy task, it is an ordeal. A person accused of an offence is not only socially stigmatised, but also has to invest time, money and energy in protecting his liberty and reputation,” it said.

A Delhi court has expressed concern over growing propensity to rope in innocent persons as accused in cases relating to cruelty against married women and sought a vigilant approach from lower courts in prosecuting relatives of the accused husband.
“A tendency has emerged to rope in family members of the husband in cases of Section 498A (cruelty against women), of the IPC. Concrete allegations with regard to the date, the place, the manner, the act of cruelty should be present in the evidence in order to frame charge,” Additional Sessions Judge (ASJ) S K Sarvaria said.
Upholding an order of a magistrate who discharged the husband and his family members in a harassment case lodged by his estranged wife, the ASJ said, “Because of the present propensity to rope in innocent persons, the trial courts have to be vigilant while framing charges for offence of cruelty.
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The prosecution had challenged the lower court’s order discharging five accused from the charges of subjecting complainant Kiran to cruelty in 2002 here.
After filing of the chargesheet, the Magistrate had discharged them of the charges saying it did not find concrete evidence to proceed with the case.
The “judicial mind” needed to be applied considering the facts and circumstances of each case while framing the charges, the ASJ said upholding the findings of the lower court.
The ASJ said that the courts were empowered to differ with the findings of probe agencies if they found lacunae in their investigation.
“The court is not expected to act as the Post Office to the decision of investigating agency. When there is some suspicion but not grave suspicion, it is empowered to discharge the accused if the circumstances so warrant,” he saidA Delhi court has expressed concern over growing propensity to rope in innocent persons as accused in cases relating to cruelty against married women and sought a vigilant approach from lower courts in prosecuting relatives of the accused husband.
“A tendency has emerged to rope in family members of the husband in cases of Section 498A (cruelty against women), of the IPC. Concrete allegations with regard to the date, the place, the manner, the act of cruelty should be present in the evidence in order to frame charge,” Additional Sessions Judge (ASJ) S K Sarvaria said.
Upholding an order of a magistrate who discharged the husband and his family members in a harassment case lodged by his estranged wife, the ASJ said, “Because of the present propensity to rope in innocent persons, the trial courts have to be vigilant while framing charges for offence of cruelty.
Ads by Google
The prosecution had challenged the lower court’s order discharging five accused from the charges of subjecting complainant Kiran to cruelty in 2002 here.
After filing of the chargesheet, the Magistrate had discharged them of the charges saying it did not find concrete evidence to proceed with the case.
The “judicial mind” needed to be applied considering the facts and circumstances of each case while framing the charges, the ASJ said upholding the findings of the lower court.
The ASJ said that the courts were empowered to differ with the findings of probe agencies if they found lacunae in their investigation.
“The court is not expected to act as the Post Office to the decision of investigating agency. When there is some suspicion but not grave suspicion, it is empowered to discharge the accused if the circumstances so warrant,” he said.

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