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Posts Tagged ‘delay’

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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FIR filed 1 month after incident is too late: Supreme court

Posted by iluvshrutiverma on November 9, 2008

Convicting a person on basis of belated FIR dangerous: SC; New Delhi | Saturday, Nov 8 2008 IST

In a significant ruling, the Supreme court has held that it is unsafe to convict a person on the basis of an FIR lodged belatedly without explaining the delay. A bench comprising Justices C K Thakker and D K Jain upheld the judgement of the Andhra Pradesh High Court dated April 12, 2006, acquitting her husband in a case of dowry harassment.

The apex court observed, ”We are convinced that in the light of the overall evidence analysed by the High Court, the order of the acquittal of the respondent is well merited and does not call for interference, particularly when the FIR was lodged by the complainant more than one month after the alleged incident of forcible poisoning.” ”Time and again, the object and importance of prompt lodging of FIR has been highlighted. Delay in lodging the report more often than not, results in embellishment and exaggeration, which is a creature of an afterthought,” the apex court noted.

”A delayed report not only gets bereft of the advantage of spontaneity, the danger of the introduction of coloured version, exaggerated account of the incident or a concocted story as a result of deliberations and consultations, also creeps in, casting a serios doubt on its veracity,” it said. ”Therefore, it is essential that the delay in lodging the report should be satisfactorily explained,” the court added. In the present case, three members of in-laws’ family were acquiitted by the trial court but husband M Madhusudan Rao was sentenced to one-year imprisonment with a fine of Rs 8000. The High Court, however, acquitted the husband also. The SC dismised the appeal of the AP government.

http://news.webindia123.com/news/Articles/India/20081108/1099754.html

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