Love, Marriage & Sex in the city-498A

 

Harassed by wife, man seeks official nod to end life

Ahmedabad: It may sound bizarre, but it is true. A 40-year-old man in Kheda district has sought permission from authorities in the state to end his life, alleging that he is not able to carry on with life in the face of constant harassment being meted out by his wife.

http://www.dnaindia.com/india/report_ties-that-kill-harassed-by-wife-man-seeks-official-nod-to-end-life_1399684

Husband finds solution to false 498a

Husband finds better solution to false 498a – kills four of wife’s family

Husband finds solution to false 498a

Big Bang v/s Staggered Approach

Every commando who fights back will reach this stage at some point in time. He will have so much ammunition that he will start to wonder whether to use all of that together (big bang) or use them at regular intervals of time (staggered approach).

Some of the points that he should consider are the following:

1. There is a significant time lag between when you initiate action from your side and when some activity actually happens.

E.g. You might file a complaint with a public authority (police, court, health department) today but it might easily be a few months before they initiate any official action on it.

2. Do not under-estimate your opponent. Big bang approach works well if you are able to break your opponent completely with the big bang, but if the opponent survives then the survivor is much more strong than what he was before.

If the opponent is strong (egoistic), then it is more appropriate to break him down gradually.

3. Keep in mind the future ‘pipeline’ of ammunition. E.g. Defamation and damages are ‘Contingent ammution’ today. They will become real once you have some public authority’s order in your favor. So, if your pipeline is strong, then you can afford to use all your present ammunition today, because next quarter and 2 quarters from today you are expecting new ammunition.

http://wp.me/plC3a-bd

Wife’s mentally disturbed condition not enough to prove husband’s cruelty

Mumbai: A soured marriage and the resultant disturbed mental condition of a woman who committed suicide were not sufficient reasons to infer that the husband subjected her to cruelty, the Bombay high court ruled earlier this month.

Setting aside the two-year imprisonment sentence handed out to Kamalkishore Agrawal, 48, by a sessions court, the Nagpur bench of the high court held that, “though it appears that the victim and the applicant had marital discord running over a long period of time which, even according to the applicant, led to mental degradation of the victim, that in itself cannot justify the conclusion that the victim was subjected to such mental or physical cruelty by the applicant, that it drove her to death.”

Agrawal, a businessman, and Seema were married on February 24, 1992. After their marriage, “as caste and custom so permitted,” Agrawal’s adoptive parents also resided with the couple in their home in Akola. The couple had a daughter in 1993. However, since there were differences between the couple and Agrawal’s adoptive parents, they moved out of the house and started living separately from 1997.

On March 12, 1998, Seema set herself on fire and succumbed to burn injuries. A police complaint was lodged by her brother, Kailash, who had stated in his statement that Seema had written letters to him, which said that she was being subjected to cruelty in her marital home and it was not possible for her to live there any longer.

Agrawal’s counsel, however, told the court that there was no “causal connection” between the letters and Seema’s suicide as the last letter written by her was in 1996, while the incident took place in 1998. Moreover, he added, some of the letters were not addressed to Kailash and it was questionable how he was in possession of them.

The additional public prosecutor, however, said that the letters were in Seema’s handwriting and how they came into Kailash’s possession was irrelevant. She further stated that Agrawal in his defense had said that Seema had become so weak mentally that she either sent the letters to the wrong addresses or handed them over to the wrong people. “This written statement of defense categorically shows that the accused admits that the victim was mentally sick. If that was so, as a husband, it was necessary for the applicant to find out as to why his wife slipped into that stage,” the prosecution argued.

Agrawal had contended that Seema suspected she was being subjected to black magic and refused to take any medicines from him. He told the court that he was torn between his wife and his adoptive parents.

The sessions court acquitted Agrawal and his adoptive parents from the charge of culpable homicide not amounting to murder but convicted Agrawal under Section 498A (cruelty) of the IPC.

Justice RC Chavan, however, said, “suspicion, howsoever strong, cannot replace proof.” He said with the evidence on record it was not possible to conclusively say that the husband had treated his wife with cruelty, which led her to commit suicide and quashed the conviction and sentence handed out to Agrawal.

http://www.dnaindia.com/mumbai/report_wife-s-mentally-disturbed-condition-not-enough-to-prove-husband-s-cruelty-says-high-court_1327888

Wife’s mentally disturbed condition not enough to prove husband’s cruelty

Harassed husband downs poison in police station

Says cops would not take him seriously when he told them his wife had threatened to file false case against him

A 32-year-old cab driver who claimed his wife was harassing him attempted suicide at the Vyalikaval police station by consuming poison and is said to be in a serious condition in hospital.

Krishna T, the cab driver, was rushed to KC General hospital after the attempt to take his own life.

ABSCONDING: Krishna’s wife Usha with their child. Usha is absconding since her cab driver husband was admitted to a hospital after consuming rat poison in a police station.

Dowry case threat

In his statement, Krishna told the police that his wife Usha and her family were making him go through unbearable torture and threatening to file a false case against him.

He said he had consumed poison at the police station because even the police were not sympathetic towards his plight since the time his wife had begun repeatedly threatening him with a dowry harassment case.

He said Usha harassed him everyday and doubted his character.

Krishna’s mother Eeramma (65), who later approached the police with a complaint, said Krishna had married Usha four years ago and that since then her daughter-in-law had been harassing the family.

“She wanted Krishna to live separately from us and said he should not talk to us,” she said in her complaint.

Fed up with frequent fights in the houshold, Eeramma finally decided to send the couple to a separate house, but she said Usha and her family did not cease the harassment, demanding a share in Krishna’s ancestral property.

She said Krishna finally approached the police, but was not taken seriously. Eeeramma said the police did not believe him and even misbehaved with them.

Money, mobile gone

Unable to bear this, Krishna went to the police station with a bottle of rat poison and consumed it before the police.

Eeramma said the police rushed him to the hospital — and informed Usha, who came to the hospital and went away after taking Rs 6,000 and his mobile phone.

Krishna’s mother said since then Usha had been missing, and demanded the police initiate strong action against Usha and her family.

Physical abuse

Eeeramma told MiD DAY said Krishna had been beaten by members of Usha’s family.

“The harassment is not only on her part but also that of her sister, Indrani, who has separated from her husband. Some time ago she beat up Krishna in public,” said Eeramma. “Krishna fears Usha and has to cook and clean everyday. In her four years of married life, she never once lit the stove; she likes to eat out.”
She said Usha now wanted to separate from Krishna.

“She wants separation but she also wants a share of his ancestral property,” said Eeramma. “We are frustrated with her character; along with the police she made our life hell.”

The Vyalikaval police are investigating the case, but Usha is absconded since the day Krishna took poison.

http://www.mid-day.com/news/2009/dec/151209-cab-driver-suicide-attempt-wife-absconding.htm

Man moves court against wife under Dowry Act

CHANDIGARH: Generating a great deal of debate and curiosity in a reverse crime of sorts, a resident has moved the district courts to seek the registration of an FIR against his wife for giving him dowry.

Ravinder Singh Dhanju of Attawa village in Chandigarh filed a petition on Tuesday under Section 156 (3) of CrPC for directions from court to incharge of the women’s cell in Sector 17 or SHO Sector 36 to register a case against wife Baljinder Kaur and in-laws under Section 3 of Dowry Prohibition Act.

At the receiving end himself when Hisar police on November 29, 2008, booked him and his family, including his Australia-based brother, under various section of IPC for dowry harassment and criminal conspiracy on the complaint of his wife, Dhanju turned the situation on its head by stating in his plea that under Section 3 of the Dowry Act, if a well-educated woman married despite demands, she and her family too became partners in crime.

Alleging that Hisar cops ignored the fact that giving dowry was also an offence, Dhanju’s lawyer TS Soodan pleaded that the statements of Kaur and others in the FIR against his client be treated as confessions and the guilty be booked accordingly.

Dhanju married Kaur, a resident of Hisar, in December 2004, after the couple had a son out of wedlock. In their complaint, his wife and her parents stated that they had spent Rs 18-19 lakh on the marriage. They also presented a list of articles and cash that had been allegedly given to Dhanju and his family as dowry.

After receiving the petition, the court of judicial magistrate first class Sunil Kumar fixed January 19 as the next date of hearing.

http://timesofindia.indiatimes.com/city/chandigarh/Man-moves-court-against-wife-under-Dowry-Act/articleshow/5316793.cms

Having access implies responsibility of her by-products

Look at how deadly the laws in my country are:

Did you guys know – Any child born to your wife is your legitimate child irrespective of whether we were ever physically intimate or not?

There is no DNA test required, nothing.

The law says – Just because you have access to her, you are responsible for everything that she breeds.

This is what the section 112 of the Indian Evidence Act says – Any child born to my wife is my legitimate child irrespective of whether we were ever physically intimate or not.

Here is the exact law:

“http://www.mppolice.gov.in/Static/IPC%20and%20CrPC/Evidence%20Act/seven.htm

112. Birth during marriage, conclusive proof of legitimacy

The fact that any person was born during the continuance of a valid marriage between his mother and man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the parties to the marriage had no access to each other at any time when he could have been begotten.

“

Being a lawyer myself, I can tell you that not having access to a wife can be proved only when the situation is really drastic – e.g. you both are living in different countries.

So guys – beware. Any child born to your wife is yours (irrespective of who is the biological father). India is great!

States told to prevent harassment of husbands

Thursday, 03 December 2009 18:30

http://pib.nic.in/release/release.asp?relid=55062

New Delhi, Dec 3 (IANS) The government has received several representations regarding misuse of an Indian Penal Code (IPC) provision that deals with dowry harassment and an advisory has been issued to state governments to prevent its misuse, the Lok Sabha was informed Thursday.

In a written reply, Minister of Law and Justice M. Veerappa Moily said: “A number of representations have been received from various quarters regarding the misuse of the provision of Section 498A of IPC. Information regarding its misuse is not collected by the National Crime Records Bureau.”

Section 498A of the IPC deals with cases of dowry harassment.

“The matter has been referred to the Law Commission of India to study the use of the provision of this section and hold consultations and suggest amendments, if any, to the provision.

“An advisory has also been issued to the state governments to prevent the misuse of the said section,” he added.

Employers cannot be forced to take back convicts: HC

Various law enforcement (a.k.a police) and criminal trial authorities (a.k.a. courts) need some serious training as to what different sections of I.P.C. mean.

In the below case, the whole trial happened under both IPC 302 and 306.

302 is punishment for murder. 306 is abetment to suicide. Isn’t it common sense that the death was either a murder or a suicide? How can it be both?

(For my blog readers who have advanced knowledge of law: Even if it was suicide that is assumed to be dowry death, then also section 304 (b) should apply and not 302.)

My country is great. A person was in custody for 5 years and absolutely no one (police, court, lawyer) objected to the mis-founded justice.

http://www.dnaindia.com/mumbai/report_employers-cannot-be-forced-to-take-back-convicts-hc_1318652

Mumbai: Employers cannot be forced to retain an employee convicted for a serious offence, ruled the Bombay high court.

In a judgment last week, justice Dr DY Chandrachud set aside two judgments of a labour and industrial court, which early this year had directed Tata Power Limited to reinstate an employee and also pay him back wages since 1998.

The court also ruled that holding of departmental inquiry is not compulsory if the employee stands convicted for a criminal offence.

“Once there is a conviction by a court of law and conviction is of criminal offence involving moral turpitude, the charge of misconduct stands established. In a case, where a workman had been convicted by a court of competent jurisdiction, the holding of departmental inquiry would be entirely superfluous,” observed justice Chandrachud.

The court was hearing an appeal filed by Tata Power Ltd. The power giants had moved high court, challenging the orders of labour as well as industrial courts, which had directed them to reinstate one KT Mane and also to pay him back wages since 1998.

Mane, according to the 14-page judgment, was convicted under section 498A and 306 by a session court in December, 1997. Mane was also arrested under section 302 after his wife died due to burn injuries in December 1993. The session court, however, acquitted him of murder charges, but convicted him for five years imprisonment for the other two charges. He was released from prison in February 1998, as he was in custody since his arrest in December 1993.

The company had then refused him to reinstate on the same post and had also issued him a show-cause notice. Mane then moved labour court that ruled in his favour. Even the industrial court had judged in favour of Mane.

The judgment further says: “Both the labour court and the industrial court failed to appreciate the correct legal position and manifestly erred in holding that the action of the employer of dismissing the workman had to be set aside for want of a departmental inquiry.”

Observing that the workman failed to discharge his moral duties, justice Chandrachud also set aside the lower court’s order of paying back wages to the workman.

The court has also granted liberty to Tata Power to withdraw Rs1.71 lakh deposited with the labour court.