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Court asks woman to pay maintenance to estranged husband |
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Written by Administrator
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2009-01-28 05:00:28 |
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Wife to compensate husband
![]() New Delhi, Jan 27: A working woman's bid to get maintenance from her estranged and ailing husband in a matrimonial case has boomeranged in a Delhi court which not only dismissed the plea but also asked her to bear his expenses. ![]() "From the documents, it is clear that the petitioner is a lady of means and earns handsomely. So her application under section 24 (demanding maintenance from husband) of the Hindu Marriage Act is dismissed," Additional District Judge Umed Singh Grewal, in an unusual order, said. On the contrary, the court allowed the plea of the estranged husband that, in fact, he was entitled for maintenance and as he was ill and unable to sustain himself. "The wife is directed to pay Rs 500 per month as maintenance amount to the husband from the date of filing of application... she is also directed to pay Rs 3,500 to the man as litigation expense so that he may engage an advocate," the court said. The order came on two cross-applications filed by the estranged spouses in a divorce petition seeking interim maintenance from each other. The wife, a resident of Najafgarh here, had contended that she was a housewife and had no source of income to maintain their four school-going kids. On the other hand, her husband was a man of means and used to earn Rs 15,000 per month by running a shop in weekly 'bazar' in the area, she said. However, the court held that she failed to substantiate her claims. The man had countered the claims with documentary evidence and placed on record Income Tax returns of his wife and proved she was earning Rs 9,000 per month.
"It is clear from the tax return for the year 2006-2007 that the woman earns Rs 9,000 per month. The respondent (husband) has placed on record the photograph of 'Puja Kids Care' nursery school being run by the petitioner (woman). He has also placed on records her special Police Officer card," the court noted.
The man also proved that his wife and one of the children were using mobile phones, the court said. The maintenance applications were filed by them in the petition filed by the woman for grant of decree of divorce to her on the ground of cruelties meted out to her. Meanwhile, the court dismissed two applications seeking medical examination of the woman and DNA test of one of their kids to ascertain their parentage. "The forum cannot be used to collect evidence in support of any party," it said. Bureau Report
First think we have to accept as soon as you got a 498A type wife, they are not going to spare you and will definitely try their best possible way to harrese you by more and more cases, putting extra burden on you in terms of finciancialy. The basic principal to come out such situation is to prepare your self to die as a Debit man rather than a Credit man. You must well aware how indian Judges and LAW makers, Treat the Indian Husbands worse than a animale in this country , they will not show any humunity towards you , as per them , Indian Husbands are only a Free ATM machine. They will remind you the minimum wages act, but the same minimum wages act will not be applicable for wife at all. As a caution must read : A must to do activity : Whenever your so called wife demand and claim that she do not have any place to stay and give interim maintiance or residence etc, immediately , ask the concern auntority to Put her in "Goverment Shelter Home" , get the Booklet form the WCD ministry . At last we SFF memebrs found some sensiable Judge , who think , it is not fair to treat the Indian Husbands as Free ATM Machine. Let all prepare to die as Debit man instead of Credit man, as Per Indian LAW , earning good sallary is crime and you may land up in Jail. Our LAW makers are sleeping and promoting the Legal Terrorism at thier will and we common people have to pay the Price.
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Last Updated ( 2009-01-28 05:12:50 )
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CrPC Amendment Is New Law: No More 498A Arrests for Extortion of Money by Laywers and Police |
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Written by Administrator
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2009-01-19 04:40:41 |
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CrPC Amendment Is New Law: No More 498A Arrests for Extortion of Money by Laywers and Police The amendment to the CrPC is now the law. The President has signed it. Going forth no person can be arrested under 498A as a whole sale free Lincence. Before arrest any one Police have to get sufficent evidence on records. The scum infesting the ranks of the Indian police force need to get their gravy elsewhere through some other extortion scheme. This is what the new Home Minister had to say: "Referring to Section 41 of the Act, Chidambaram said in his letter, "This provision was severely criticised as capable of being misused and, in fact, was being misused." To substantiate his point, he advised CMs to refer to reports of the Law Commission and the Malimath Committee and also the judgment of the Supreme Court in D K Basu case which laid down guidelines for effecting arrest. " Bar associations across the country have been protesting under the pretext that the amendment (in Section 41) doing away with mandatory arrest provisions would remove fear from the minds of criminals who would misuse the provisions under the garb of personal liberty. That is bullshit and they know it. They fear thier illegal Business to Promote the Legal Terrorism and earn the money thorugh Comission/Brobe etc will reduce by this and those laywers and police are afrid. Sources said more than 70% Laywers who fight the case on merit well come this move , but Few money hungery and those laywers are earning the money by misuse the various law are feeling the heat. Chief Justice of India should take strong actions against those Laywers who are doing the Strike and making abuse of LAW. In this country Lywers and Bar associations never rise thier voice to make faster justice and increse the number of Judges, as that will lead them the loss of money. The case dragged more and more , they will earn the money more and more by thier dishonest way. This a country where only Laywers does not get any punishment for taking Bribe,doing Strike, for taking comissions form vicitms, Cheating the Income Tax authority ( Maximum Lywers will even refuse you to give the recipt of Payment they get). In this country if we nned a corroption Free Justice System the next step should be to punish the Laywers for thier Crime. Even a Doctor, a police also get punished for cheating the People and doing the extortions, for taking the Bribe, doing Strike, but our Great Laywers do not get any Punishemnt , wonder , are they above the LAW? Do you know ? NCRB: Over 100,000 Women Arrested Under 498A Since 2004 Is this what women's empowerment by Congress Govt? Even it took British 10 years to arrest 5000 women( 1937-47) but our Indian Government arrested more than 1,00,000 women ( 18 times ) in just 4 years ( 2004 - 2007). The maximum women arrested even by barbaric British Goverment in 1930, approx 17000 women for their involvement Dandi Yatra (Salt March), which is much less than our Present Goverment done and our National commission of Women (NCW) and their associated are promoting the same even openly in Media/society/Parlament, which even Supreme Court of India also termed as "Legal Terrorism"!!!
Join the Revolution and help save your family or your beloved ones from the misuse of this deadly law!
The fact is that this amendment does away with the need to get bails and anticipatory bails, a rich source of revenue for the lawyers, the dirty Indian cops, the filthy lower court magistrates and public prosecutors. It will also signal the end of using 498A for extortion as the cops can no longer use arrests for exortion.
But as alway, remember this, the cops never had the power to arrest you without cause or justification. And hence, almost all 498A arrests have been illegal detentions and hide behind the loop hole was in the existing CRPC amended. This is a significant win for all Save Family Foundation's memebrs, who are fighting against this law since last 3 years and appeal to People to Stop the Legal Terrorism.
For more reference : Lawyers strike to bail themselves out-Delhi-Cities-The Times of India NEW DELHI: For all their public posturing and indignation against the CrPC amendment vesting greater discretionary powers with the police in making an arrest, lawyers privately admit their opposition to it because the changed law will reduce bail cases. Though loathe to come on record, lawyers across various district bar associations in Delhi which struck work on Wednesday predicted a drastic fall in bail cases due to the CrPC amendment. Since it gives greater leeway to an investigating officer (IO) to decide if an arrest is warranted or not in offences which carry a maximum sentence of seven years' imprisonment, observers say number of arrests for such crimes is likely to come down and so will the corresponding bail matters ending up before courts. The bar associations, however, have wrapped their grievances in dire warnings of lawlessness and increased crimes against women, since a molester can now walk away secure in the knowledge that he might not be arrested. Still, was going on strike the solution, given that every judicial authority from the Supreme Court to Delhi High Court has repeatedly directed lawyers to refrain from this option? "It isn't a strike on principle and policy,'' says senior lawyer Kamini Jaiswal, referring to Wednesday's protest. She said it was the loss of clients due to less bail pleas that was causing heartburn to most district lawyers, "Litigant had nothing to do with the amendment but it is he who suffers the most because of such strikes. Even when SC has termed strike as `gross misconduct' lawyers resort to it, this is extremely unfortunate. If we take a fee we are dutybound to provide legal service to our clients,'' she said. While the bar associations claim the amendment will lead to increase in crimes like kidnapping, stabbing, forgery etc, lawyers like Ashok Arora see nothing wrong in the amendment, concluding it will in fact "help administration of justice''. He added, "Whether bail matters will be reduced or not shouldn't be concern of any profession. As lawyers our aim should be to help in administration of justice.'' Even the judges, speaking on condition of anonymity, maintained the bar striking work at the drop of a hat on every issue was unacceptable. "In district courts, many lawyers are dependent on fighting cases for anticipatory or interim bail. Therefore this amendment has left them fuming,'' added an HC judge familiar with the workings of lower courts. It was left to Delhi High Court Bar Association president K C Mittal to stand by his lower court counterparts and back their demands. "Amendment does suffer from many defects which will have consequences like escalation of crime. Giving discretion to police to arrest or not means there will be no deterrence,'' Mittal told TOI. When asked if going on strike was a good way to protest against this change, Mittal claimed it was being done only to warn the public of what trouble lies ahead due to the changed CrPC. "How do we raise a point? We keep shouting, sending representations, letters, etc but no one listens.'' Two recent legal enactments the amendments to the Criminal Procedure Code stipulating stringent grounds of arrest and the Limited Liability Partnership (LLP) Act have lawyers up in arms. They have got it right in one case and not quite right in the other. The criminal law amendment requires recording of reasons in writing before a police officer effects arrests. The reasons must show that there is good basis to believe that absence of arrest will lead to the likelihood of commission of further offences, or is necessary for the safety of the accused, or to prevent tampering with evidence, or to prevent threat, inducement or promise to any potential witness, or to ensure the future presence of the accused in court. Otherwise, the police can only issue a notice of appearance. Unless there is breach of the conditions of such a notice by the accused or new facts emerge (necessitating a recording of reasons), the police cannot effect arrest. This applies to offences punishable up to 7 years. Two salutary and bona fide elements clearly discernible in the legislation to ensure safeguards against police excesses and to minimise the needless filling up of our jails by undertrials may well lead to increased arbitrariness and nepotism in the police forces. At a time when lack of fear of authority and an ambience of recklessness is prevalent in Indian society, the amendment sends a wrong message. Importantly, the amendment vests much discretion with the police, to subject one person to a notice of appearance while subjecting another identically situated person to actual or threatened arrest. Those who support the change on the ground that the amendment merely puts in the statute what is already a requirement of arrest and part of police practice ignore the fact that the amendment alters the emphasis significantly, and mandatorily provides that the accused "shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police is of the opinion that he ought to be arrested". The sad truth is that India has a surplus of legislations but a poor record in enforcement. By contrast, due to a combination of emotional reactions coupled with some jingoistic formulations, the lawyers have clearly got it wrong in their criticism of the LLP Act. The Act seeks to provide for the creation and regulation of LLPs essentially as hybrid entities which retain the partnership model but are closer to corporations in design and function. Based on the Naresh Chandra committee report, the Act seeks to create an institutional vehicle under which different actors can operate. The key innovation is that those who aggregate as an LLP can do business where, in the event of claims, the liability will be limited as in a company (and not unlimited as in partnerships) and yet the venture will retain a partnership flavour. Critics of the Act fail to realise that it is consistent with a growing international trend: the UK and the US, and a host of other countries, have enacted similar legislations. It is not intended to be specific to the legal profession and hence the criticism that it would facilitate the back-door entry of foreign law firms with a right of audience in Indian courts is misplaced. The enactment is merely enabling. No one is compelled to register as an LLP. An amendment can clarify what is implicit in the Act i.e. aggregations cannot be multi-activity or multi-sectoral. The Act is in addition to, and does not undermine, existing legislation. It does not seek to repeal the Advocates Act or affect the disciplinary jurisdiction of the Bar Council principal apprehensions in some sections of the legal community. It surely needs to be ironed out but to reject it wholesale would be worse than throwing the baby out with the bathwater. The writer is a Congress MP and jurist.
We wonder whose life is in More Danger in India: Men or Women. · Crime Bure data 2005 : Married Men Sucide : 52k vs Married Women Sucide 28K.Still there is no LAW to Protect Men why? · 2006 Crime Bure Data : Married Men Sucide:55452 vs. Married Women Sucide:29869.
Review Gender Biased LAW to Promote Family Harmony and Stop Legal Terrorism |
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Last Updated ( 2009-02-05 06:47:47 )
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Indian President Ms. Patil warns against gender law misuse: The Telegraph News |
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Written by Administrator
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2008-12-29 07:01:07 |
| SAMANWAYA RAUTRAY |  | | Patil: For wise use |
New Delhi, Dec. 27: President Pratibha Patil has cautioned against the misuse of pro-women laws such as IPC Section 498A that deals with dowry harassment and sought better implementation of others to create a gender-just society. “Instances exist whereby protective legal provisions for the benefit of women have been subjected to distortion and misuse to wreak petty vengeance and to settle scores. Some surveys have concluded that 6 to 10 per cent of dowry complaints are false and were registered primarily to settle scores. It is unfortunate if laws meant to protect women get abused as instruments of oppression,” she said. Patil was addressing the National Conference of Lady Lawyers and Lady Teachers on Justice for Women at Yavatmal in Maharashtra. Though much has been done to create a gender-just society in terms of enacting laws, their implementation left much to be desired, she said. “The intent of some laws has suffered because of poor and faulty implementation. The Pre-Natal Diagnostic Techniques Act is a living example. Enacted in 1996, it saw the first conviction in 2006 after 10 long years. Such disturbing revelations need prompt remedy,” Patil said. She called upon women lawyers to take the lead in dealing with “female foeticide” which she termed “one of the most pernicious and inhuman forms of crime”. “Another disquieting trend has been that women themselves have not been innocent of abusing women,” she said. “At times women have played an unsavoury, catalytic role in perpetrating violence whether against the daughter-in-law, the mother-in-law or female domestic helps.” Laws made to prevent women from harassment should not become instruments of oppression, she said, calling upon the legal fraternity to ensure that provisions designed to prevent exploitation and suppression of women are “fairly invoked” and “honestly implemented”. “The bottomline, therefore, is the fair invocation of legal provisions and their objective and honest implementation,” she said. Though several laws have been enacted in the post-Independence era to usher in a gender just society, these would have to be better implemented, she said. In this context, she referred to a host of laws such as the Special Marriage Act, Dowry Prohibition Act, Sati Prevention Act, Maternity Benefit Act, Factories Act, Equal Remuneration Act, Indecent Representation of Women (Prevention) Act and provisions in the IPC to deal with obscenity etc. She also referred to the recently enacted Domestic Violence Act, 2005, which “addresses the right of women to live in a domestic atmosphere not violative of woman’s dignity”. “The Hindu Succession Amendment Act deleted the gender discriminatory clause to rectify the gender imbalance in inheritance rights. The 73rd and 74th Amendments, by providing ensured representation for women in urban and rural local bodies, have enabled public decision-making by the hitherto marginalised and suppressed humanity of women in India,” she said. Details of Dowry Law Cases for the year 2007 (Source - NCRB) From the record it is evident that more than 94% 498A case filed by Living women only for extrotion and Blackmailling and innocent people had been arrested only against the false and fabricated alligations without any evidence, which President of India trying hard to hide by saying 6 to 10 %. Law Makers and Indian Goverment fooling the Common people promoting the Extrotion, Blackmailling and arrest innocent people, age lod parents, pregent sisters , which Even Supreme court of India had allready cautioned the Misuse of 498A as "Legal Terrorism", but President of India also failed to answer, what action till date Goverment had done to Stop this Legal Terrorism in India in the Name of Women Protections LAW? Click Here to get the Summary Data and Anylisis. It is a clear example, those cases gone to trail 498A along with 304B, approx 94% cases people proved their innocence at Court that they had been arrested without any reason/evidence as 498A/304B is non-bailable and do not need any evidence to arrest any TOM/Dick or Marry . When we compare only 498A cases, specially for living women without any 304B in dowry realted law, 87% people arrested and among that 85% proved thier innocence in court. Means court found hardly 2% wife’s complint as true. Maximum convections under 498A is along with 304B , where the person proved his innocence in 304B, but as he had allready gone through in Jail under trail, court convected them under 498A as by defult on assumptions based view only , just to justify thier Jail terms during under trail, so that they can’t calim any damarage form the Goverment. Where as if the case is true and the verbal statement of the compliment itself find true, the convection is 100%. Still in this special LAW more than 94% People proved their innocence, where as in normal IPC the convection is more than such LAW, then why need this special LAW? The Answer : To do the Legal Terrorism and earn the money from Husband’s Family as a whole sale free license and openly Blackmail and do the extortion of money by Wives family in front of Police/Court/Media and the same is not to be termed as crime. We wonder Whose life is in More Danger in India : Men or Women?
Crime Bure data 2005 : Married Men Sucide : 52k vs Married Women Sucide 28K.Still there is no LAW to Protect Men why? 2006 Crime Bure Data : Married Men Sucide:55452 vs. Married Women Sucide:29869. 2007 Crime Bure Data : Married Men Sucide:57593 vs. Married Women Sucide:30064. Will Our LAW Maker change the LAW 304B( dowry death) to 304C( Sowry Death) and 498A ( harrasement to wife) to 498B ( Sowry harrasement by wife) ?
Review Gender Biased LAW to Promote Family Harmony and Stop Legal Terrorism |
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Last Updated ( 2009-01-02 05:57:33 )
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