Bombay HC waives rethink period in divorce case

MUMBAI: A "deed of divorce" signed by a notary is not an authorized divorce under the law, the Bombay high court clarified, surprised that a family court judge had accepted it as valid.

In a peculiar case that came up in the Bombay high court as an appeal against an order passed by the Bandra family court in October, an educated Mumbai couple were under the belief that their marriage was lawfully dissolved two-and-half years ago by an alleged 'divorce deed'. Their marriage, solemnized in 2007, had run into trouble with differences cropping up between them. On advice, they prepared a 'deed of divorce' which a notary—an advocate licensed by the state to authenticate legal documents—signed in 2011.

The wife was soon remarried to a DTP operator in the US. It was only when the US authorities denied her a visa on the ground that she was unable to produce a valid divorce decree that she realized that her earlier marriage still legally existed.

Her 'former' husband agreed to file for a mutual consent divorce before the family court. Their joint petition for divorce also sought waiver of the mandatory six-months cooling off period. She wanted to process her visa swiftly and gave details of the fact that she and husband had lived as a divorced couple since 2011.

The family court however rejected their plea for divorce and observed that they were already divorced through the mutual "agreement" as "part of the custom". The agreement, it said, can be set aside only if it was a result of "fraud or misrepresentation".

The couple then moved the Bombay high court against the family court order. The HC was critical of the family court order and its reasoning. It directed the family court to decide the case expeditiously on January 2 and waive the six-months cooling period. The HC said since both had acted on the "bona fide belief" that their marriage had legally ended with the alleged "deed" and had remarried, a reconciliation or reunion was ruled out.

The HC bench of Justices V K Tahilramani and V L Achliya said the case was "very peculiar and unusual".

"Marriage under the Hindu law is not considered a contract between two individuals. It is treated as a sacrosanct relation between two human beings, placing certain obligations and duties... No provision in Hindu law gives either party to the marriage an automatic right of divorce."

The HC said the family court when faced with a mutual consent divorce plea "must confine" itself to inquire whether there was a valid marriage and if the couple was unable to live together for over a year and had mutually sought the divorce.

However, the HC came to the couple's rescue. Justice Achliya who penned the judgment which was delivered in December 23 said the six-month period, intended to provide the couple time for a final rethink, must be waived in the interest of justice. The HC said courts are meant to impart justice by overcoming technical difficulties. "The waiver though not specified in law, be read into it as the main object of the provision is to liberalize divorce," and added, "It was never the intention of the legislature that such period is to be observed irrespective of the facts; where a marriage has irretrievably broken and there are no chances of a reunion, as it would be futile to wait for six months."

Original NEWS Source:- http://articles.timesofindia.indiatimes.com/2013-12-30/india/45708164_1_bombay-hc-family-court-divorce-case

सास का हाथ तोडऩे पर बहू को एक साल कैद

जयपुर. महानगर की सांप्रदायिक दंगा मामलों की कोर्ट ने वृद्ध सास से मारपीट कर उसका दायां हाथ तोडऩे पर झोटवाड़ा रोड निवासी अभियुक्त बहू कविता को एक साल की कैद व चार हजार रुपए जुर्माने की सजा सुनाई। सास शांति देवी ((८८)) ने 13 जनवरी 2008 को संजय सर्किल थाने में रिपोर्ट दर्ज करवाई थी
कोर्ट ने कहा कि हर माता-पिता वृद्धावस्था के लिए ही ब'चों का पालन-पोषण कर उन्हें योग्य बनाकर विवाह बंधन में बांधते हैं, ताकि बुढ़ापे में वे उनकी सेवा करें। लेकिन बहू ने सेवा की बजाय मारपीट की और इलाज भी नहीं करवाया।

कि वह सुबह घर पर थी और छोटी बहू के पिता रामनिवास दोनों बहुओं में बंटवारे की बात कह रहे थे तभी बड़े बेटे विनोद की पत्नी कविता झगडऩे लगी और प्लास्टिक की कुर्सी उठा कर बाएं कंधे, पसली की तरफ मारी, बचाव में हाथ उठाया तो फिर मारा जिससे हाथ में फ्रेक्चर हो गया।

Original NEWS Source:-   http://www.bhaskar.com/article-srh/MAT-RAJ-JAI-c-10-1686644-NOR.html 

गर्भवती पत्नी ने पति को दिया जहर

रेवाड़ी
पेट में पल रहे बच्चे को अपना नहीं मानने पर पत्नी ने अपने पति की हत्या करने की कोशिश की। इस कोशिश के तहत पत्नी ने पति को शराब में धीमा जहर मिला कर देना शुरू कर दिया। पति को जब यह एहसास हुआ तो उसने तुरंत इसकी सूचना थाना धारूहेड़ा पुलिस को दी। पुलिस ने पत्नी के खिलाफ हत्या के प्रयास का मामला दर्ज कर लिया है।

जानकारी के अनुसार गोयल कॉलोनी महेश्वरी निवासी बिरेन्द्र कुमार प्रजापत ने फदनी निवासी ज्योति पुत्री वेदप्रकाश से विवाह किया था और दोनों उपरोक्त कॉलोनी में रह रहे थे। ज्योति जब 3-4 माह की गर्भवती हुई तो बिरेन्द्र कुमार ने आरोप लगाया कि यह बच्चा उसका नहीं है। इस बात को लेकर दोनों में तनाव बना रहता था।

बिरेन्द्र का आरोप है कि ज्योति ने उसे मारने का फैसला कर लिया। जिसके तहत उसने उसे रोजाना शराब में धीमा जहर मिला कर देना शुरू कर दिया। जिसके कारण उसकी कई बार तबीयत भी बिगड़ी। वह उसे 20 दिसंबर से यह जहर दे रही थी। जब इसका खुलासा हो गया तो उसने थाना धारूहेड़ा में ज्योति के खिलाफ हत्या के प्रयास का मामला दर्ज करा दिया। इस मामले की जांच कर रहे धारूहेड़ा के सेक्टर-6 चौकी प्रभारी रामसिंह ने बताया कि वे पिछले काफी दिनों से महेश्वरी में साथ रह रहे थे। पति को शक है कि ज्योति के पेट में पल रहा बच्चा उसका नहीं है। जिसको लेकर यह घटना सामने आई। पुलिस मामले की गहराई से जांच कर रही है।

Original NEWS Source:- http://navbharattimes.indiatimes.com/state/punjab-and-harayana/rewari/pregnant-wife-tries-to-kill-husband/articleshow/28062374.cms

Activist’s wife speaks out, blames media for his death

Breaking her silence on the suicide of activist Dr. Khurshid Anwar, his wife Meenakshi Sundriyal has said those branding him as a rapist on various media platforms did not follow the process of law and instead took matters into their own hands.

At the Press Club of India here on Sunday, Dr. Sundriyal said: “I have been an office bearer of the Gender Sensitisation Committee at Jawaharlal Nehru University. I can say that when we try to take matters into our own hands and not follow laid-down procedures on sensitive matters such as rape, it is usually the women who suffer.”

She was responding to their questions including those asked about the role and intentions of another activist Madhu Kishwar, who, according to those close to Dr. Anwar leaked a compact disc containing a video footage in which a 25-year-old woman made rape allegations against Dr. Anwar.

Several others, including Dr. Anwar’s brother, Ali Javed questioned why the activist did not ask the victim to register a First Information Report back in September when the girl approached her.

The case was ultimately registered on December 17, hours before Dr. Khurshid committed suicide.

“Ms. Kishwar is hardly a newbie in such matters. She is well aware of the conventions laid down on dealing with alleged victims of rape. She disregarded all such proprieties and even showed the complainant’s face clearly in the video recorded by her,” said Mr. Javed. Expressing similar sentiments, senior journalist Om Thanvi said: “It is not good enough for Ms. Kishwar to now say that she did not distribute the CD. She admits on her website that she gave the CD to an unknown third party. She should thus answer for the circulation of the CD which affected the reputation of both the complainant and the accused.”

Ms. Kishwar has maintained that the victim herself was reluctant to pursue the case legally in the initial days.

So far, the supporters and family members have alleged that the late activist was forced to take such an extreme step due to the mental harassment and public humiliation caused by a targeted vilification campaign on Facebook and certain TV programmes broadcast on the days immediately leading to his death.

The probe in the case is now being led by an Assistant Commissioner of Police.

“Those who branded Dr. Anwar as rapist did not follow the process of law”

Original NEWS Source:- http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/activists-wife-speaks-out-blames-media-for-his-death/article5517247.ece

Politician booked on charge of rape

MUMBAI: A housewife has lodged a complaint against a 50-year-old politician from Latur, alleging he had raped her after making false promises of marriage. The 32-year-old complainant told the Charkop police that he had also shot a video of her in a compromising position.

The two met on a social networking site in May last year. A few conversations later, he reportedly asked her to marry him and she accepted his proposal. "The politician got intimate with the woman after promising to marry her. Till April 2013, he sent her obscene texts and also had shot an obscene video of her," a senior police officer said. The accused would travel from Latur to Mumbai to meet the woman whenever her husband would be away, the police said. But gradually, he started to ignore her and even stopped answering her calls. On December 23, the woman lodged the complaint on December 23. In her complaint, she claimed that that she had been raped four times. "We have not made any arrest so far," the officer said.

Original NEWS Source:- http://articles.timesofindia.indiatimes.com/2013-12-29/mumbai/45674123_1_obscene-video-complaint-latur

Court grants man divorce from ‘hallucinating’ wife

Mumbai : In a very unusual case, a family court recently granted divorce to a man, accepting his allegation that his wife used to hallucinate and see ghosts and goddesses in their house. The court considered this as a ground, amounting to mental cruelty to the husband and granted him divorce.

The couple was married for three months before the woman moved out of the house and filed a first information report (FIR) against her husband and his family members, alleging harassment under various Sections of the Domestic Violence Act. She also demanded a monthly maintenance amount from the husband. Tired of all her allegations, the husband moved the family court seeking divorce.
In his petition, the husband alleged that the woman used to hallucinate. She had told him that she could see ghosts in their house. She claimed that she even saw a goddess who told her to jump off the gallery so that her matrimonial life would be cordial, the petition mentioned.
The petition also alleged that the “woman resided with him only for three months, but she made his life hell. She treated him in a cruel manner, harassed him physically as well as mentally and thereafter left the matrimonial home and thus deserted him.”
It was also alleged that when a trip to Goa was planned after their marriage, the woman refused to go. She used to avoid household work and keep reading religious and holy books. She refused to help his mother at her work. She used to lock her bedroom and stay inside. She quarrelled with his parents when they tried to speak to her.
After leaving her matrimonial house, the woman filed several complaints against her husband and his family members which are still pending before the competent courts.
The woman did not respond to the notice issued by the family court. Thus, the court passed an ex-parte order. The court granted divorce to the husband under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act.

Original NEWS Source:- http://freepressjournal.in/court-grants-man-divorce-from-hallucinating-wife/

Mumbai: Ex-lover files complaint against Veena Malik for threatening him

Days after Pakistani actress Veena Malik got married to a businessman in Dubai, her former live-in partner has filed a non-cognisable (NC) complaint against her for threatening him. Prashant Pratap Singh, a 36-year-old businessman, filed the NC at Aarey police station on Saturday evening saying she had threatened to file a complaint of rape or molestation against him, if he interfered in her life.

He said that in February 2012, when Malik had come to the city, he had helped her out, and soon, they started living together at Garden View Building in Aarey. Singh added that they were also contemplating marriage. In his complaint, Singh mentioned that he bore all of Malik's expenses, but she parted ways with him and suddenly got married to someone else in Dubai.

"On December 25, I learnt that Veena had married someone else in Dubai. I called her up but she threatened me. She even called up my mother and threatened her, saying that she would file an FIR against me if I informed her husband of our past." Singh adds, "I provided her with a mobile, all her documents. I had no option but to file a complaint against Veena.

We were both looking forward to getting married but I had told her that I would only marry her after my divorce proceedings were finalised. I am shocked." Senior Inspector from Aarey police station Uttar More said, "We have filed a NC complaint against Veena Malik, which was filed by her live-in partner under Section 507 (criminal intimidation) of the IPC."

Veena speaks
When MiD DAY contacted Veena, she said, "I'm too busy in my life with my husband and family to threaten people. Prashant is my employee and I pay him Rs. 10,000 a month. He works for me so one can only understand the reality of his statements. I have no idea what is his motive. I am happy and my in-laws are happy."

Original NEWS Source:- http://www.ndtv.com/article/cities/mumbai-ex-lover-files-complaint-against-veena-malik-for-threatening-him-464817

MYSTERY: Newlywed wife claims 'dowry harassment' while husband sees 'obscene messages' in her Facebook account

New Delhi: Interacting with people on Facebook proved to be troublesome for a newlywed woman. At first, her husband threw her out of his home and then accused her. Though, in this case, the woman claimed that she was innocent and alleged her husband and in-laws. According to the woman, her in-laws are torturing and accusing her without any reason. The husband of the woman had objection on his wife talking to other people on the social networking site but the woman said that she only talked to her friends or family members. She does not talk to strangers on Facebook.

 

Looking at the Facebook profile of the woman, her husband came to know that she had 250 people in her friends’ list. Also, some obscene messages and pictures are posted on her wall. When he asked about the friends’ list to his wife, she explained that they are just her relatives and close friends. Thus, the husband tried to make her understand to stop using Facebook but when she did not listen, he asked her to leave the house.

 

The woman is a resident of Chandra Nagar in Moradabad area of Uttar Pradesh. She was married to a Ghaziabad based computer engineer a year ago. Everything was going well after a few days of marriage but then the Facebook incident started creating troubles in their relationship. On December 20, the newlywed accused her in-laws of dowry harassment. According to the woman, her husband used to doubt her without any reason. He had objection on her interacting with the relatives too, she said.

 

On the other side, the accused husband said that his wife has more than 250 friends on Facebook. He said one day when he opened her account, he was stunned. He read many obscene messages in her inbox. When he stopped her from using Facebook, she started fighting with him and went to her parental home. The woman claims that her husband and in-laws threw her out of the house.

Original NEWS Source:- http://daily.bhaskar.com/article/DEL-delhi-news-mystery-newlywed-wife-claims-dowry-harassment-while-husband-sees-obsc-4479351-NOR.html

बीवी के थप्पड़ ने पति को पहुंचाया अस्पताल

अहमदाबाद।। पति की पत्नी से मारपीट की खबरें तो आम हैं, लेकिन अहमदाबाद में इसका ठीक उल्टा हुआ। सोमवार रात अहमदाबाद के कंकरिया में पत्नी ने किचकिच से परेशान होकर पति को ऐसा जोरदार थप्पड़ जड़ा कि उसे अस्पताल में भर्ती कराना पड़ा। 

कागडापीठ पुलिस के मुताबिक यह वाकया सोमवार रात दो बजे हुआ। कंकरिया का रहने वाला रमेश परमार (35 साल) घर लौटा और अपनी पत्नी से (32) घर के खर्चों को लेकर झगड़ने लगा। परमार कुछ दिनों से बेरोजगार था और नौकरी तलाश रहा था। जब उसे नौकरी नहीं मिली तो वह दोस्तों के साथ घूमने लगा था। 

दोनों में सोमवार रात को झगड़ा हुआ। रमेश ने पत्नी को मारना चाहा, लेकिन पत्नी ने जवाब में उसे एक जोरदार थप्पड़ मार दिया। रमेश फर्श पर जा गिरा और उसके सिर पर चोट लग गई। उसे तुरंत अस्पताल ले जाया गया। पुलिस के मुताबिक दोनों की शादी को 10 साल हो गए हैं और उनके दो बच्चे हैं।

Original NEWS Source:- http://navbharattimes.indiatimes.com/state/gujarat/ahmedabad/----/articleshow/7968583.cms

AajTak News : फेसबुक पर 250 फ्रेंड और अश्लील मैसेज देख पत्नी को घर से निकाला

आशीष मिश्रा [Edited By: पंकज विजय] | नई दिल्‍ली, 29 दिसम्बर 2013 | अपडेटेड: 12:42 IST


फेसबुक पर दोस्तों से चैटिंग करना एक विवाहिता को महंगा पड़ गया. पति ने एक दिन अकाउंट देखा तो पत्नी की प्रोफाइल में ढाई सौ फ्रेंड मिले. तमाम आपत्तिजनक मैसेज और वाल पोस्ट भी थे. पहले तो पति ने समझाया और जब बात नहीं बनी तो मायके भेज दिया.
युवती का मायका यूपी में मुरादाबाद के चंद्रनगर में है. एक साल पहले उसकी शादी गाजियाबाद के एक कंप्यूटर इंजीनियर से हुई थी. शादी के कुछ दिन तक तो सब ठीक चला लेकिन बाद में फेसबुक की वजह से मनमुटाव होने लगा. 20 दिसंबर को विवाहिता ने ससुराल पक्ष पर दहेज उत्पीड़न का आरोप लगाते हुए तहरीर दी. विवाहिता के अनुसार उसके पति बेवजह शक करते हैं. फेसबुक पर अपने रिश्तेदारों से बात करना भी अच्छा नहीं लगता.
उधर दूसरी ओर आरोपी पति ने बताया कि उसकी पत्नी के फेसबुक पर 250 से भी ज्यादा दोस्त हैं. एक दिन उसका अकाउंट ओपन किया तो दंग रह गया. कई अश्लील मैसेज भी पड़े थे. फेसबुक चलाने से मना किया तो झगड़ा करने लगी और मायके चली आई. विवाहिता का कहना है कि पति और ससुराल वालों ने खुद ही उसे घर से निकाल दिया है. 

‘मुझे मेरी बीवी से बचाओ'

प्राची, कड़कड़डूमा कोर्ट
एक पति की शिकायत पर अदालत ने उसकी पत्नी को 3 फरवरी, 2014 के लिए समन भेजा है। पति का आरोप है कि उसकी पत्नी और सास-ससुर की तरफ से लगातार मिल रही धमकियों की वजह से उसकी और उसके परिवार की जिंदगी को खतरा है।

ईस्ट दिल्ली के गांधी नगर निवासी सुमित जैन की शिकायत पर मेट्रोपोलिटन मजिस्ट्रेट संजीव कुमार ने वीणा जैन (बदला हुआ नाम) के नाम पर 3 फरवरी, 2014 के लिए समन जारी किया है। सुमित ने अपने वकील मनीष भदौरिया के जरिये दाखिल अपनी शिकायत में कहा है कि उनकी और वीणा की शादी 22 मई 2011 को हिंदू रीति-रिवाजों के तहत हुई थी। इस शादी से उनकी नौ महीने की एक बेटी है। शादी के बाद से ही उसकी पत्नी उस पर पैतृक संपत्ति में अपना हिस्सा मांगने और अपने मां-बाप से अलग होने का दबाव बना रही थी।

आरोप है कि वीणा अक्सर अपने पति और उसके परिवार वालों से झगड़ा करती थी और उनके खिलाफ असभ्य भाषा का इस्तेमाल करती थी। वीणा के मां-बाप उसे ऐसा करने के लिए भड़काते थे। उसकी पत्नी उसे और उसके परिवार को दहेज प्रताड़ना और अन्य झूठे केसों में फंसाने की धमकी देती थी। वह खुदकुशी करने और उन्हें झूठे केस में फंसाने की भी धमकी देती थी।

शिकायती ने यह भी आरोप लगाया कि 22 नवंबर, 2012 को किसी काम से बाहर जाने पर भी उसकी पत्नी ने उन्हें धमकाते हुए दिल्ली वापस लौटने पर सबक सिखाने की बात कही थी। इसके बाद 25 नवंबर, 2012 की दोपहर को शिकायती और उसके परिवार पर दबाव बनाने के लिए वीणा ने ऑल आउट पी लिया। वह तुरंत उसे गांधी नगर के जैन चैरिटेबल हॉस्पिटल ले गया और वहां पहुंचकर उसने अपने सास-ससुर को फोन कर वहां आने के लिए कहा। लेकिन उन्होंने आने से इनकार कर दिया और उसे धमकी देनी शुरू कर दी। फिर उसकी पत्नी ने डॉक्टर को नोट लिख कर दिया कि उसने अपने आप ऑल आउट पीया था। इसमें उसके पति और उसके ससुरवालों का कोई हाथ नहीं था।

शिकायती के मुताबिक इसके बाद भी उसकी पत्नी के बर्ताव में कोई सुधार नहीं आया। वह फिर उससे लड़ने-झगड़ने लगी और झूठे केस में फंसाने की धमकी देने लगी। मामला पुलिस तक पहुंचा और 26 जनवरी, 2013 को पुलिस के दबाब में दोनों पक्षों ने एक-दूसरे से समझौता कर लिया। झगड़ा फिर भी शांत नहीं हुआ। 6 फरवरी, 2013 को फिर दोनों पक्षों के बीच लड़ाई हुई और कथित आरोपियों (वीणा और उसके मां-बाप) ने शिकायती को अरेस्ट करा दिया। 7 फरवरी, 2013 को मजिस्ट्रेट कोर्ट से शिकायती को जमानत पर रिहा किया गया।

इसके बाद शिकायती ने शाहदरा एक्सटेंशन के बलबीर नगर में किराये पर एक मकान लिया और वहां अपनी पत्नी वीणा के साथ रहने लगा। मगर उसके सास-ससुर ने उन दोनों को वहां भी चैन से रहने नहीं दिया। उन्होंने उसके खिलाफ थाने में शिकायत दर्ज करा दी। उसने इस संबंध में 29 नवंबर, 2012 को दिल्ली पुलिस कमिश्नर और 26 नवंबर, 2012 को डीसीपी ईस्ट डिस्ट्रिक्ट को लिखित में शिकायत दी थी, लेकिन पुलिस ने कोई कार्रवाई नहीं की। पति ने अदालत से आरोपियों को समन किए जाने और उनके खिलाफ मुकदमा चलाने की मांग करते हुए कहा था कि आरोपी उसके और परिवार के खिलाफ गंभीर अपराध कर सकते हैं।

Original NEWS Source:- http://navbharattimes.indiatimes.com/delhi/crime/husband-asks-protection-from-his-wife/articleshow/28027750.cms

पति का कत्ल करने वाली प्रेमी समेत गिरफ्तार

भास्कर न्यूज-!-भदौड़((बरनाला)) 
भदौड़ पुलिस ने अपने प्रेमी के साथ मिलकर अपने पति का कत्ल करने वाली महिला को उसके प्रेमी सहित गिरफ्तार कर लिया है। एसएसपी उपिंदरजीत सिंह घुम्मण ने बताया की पुलिस ने एसएचओ संजीव सिंगला ने पुलिस टीम सहित गांव तलवंडी से कत्ल की आरोपी महिला व उसके प्रेमी को काबू किया है। 
उन्होंने बताया कि कुछ दिन पहले योजना के अनुसार इन दोनों ने शिवदयाल का कत्ल कर दिया था। इस कत्ल को चतुराई के साथ आत्महत्या का मामला बनाने का प्रयास किया जा रहा था। आरोपी महिला सरबजीत कौर व उसके प्रेमी जगतार सिंह की मोबाइल काल डिटेल निकालने के बाद ये मामला साफ हो सका कि यह कत्ल एक योजना के तहत किया गया है। 
पुलिस ने उन्हें उनके मोबाइल की लोकेशन के आधार पर ही गिरफ्तार किया। उन्हें अदालत में पेश कर उनका रिमांड लिया जाएगा व उनके खिलाफ सख्त कानूनी कार्रवाई की जाएगी। 
इस अवसर पर उनके साथ एसपी स्वर्ण सिंह खन्ना, डीएसपी तपा हरविंदर सिंह विर्क, डीएसपी हरपाल सिंह भी मौजूद थे। ((साहिब)) 

Original NEWS Source:- http://www.bhaskar.com/article-srh/MAT-PUN-OTH-c-183-490894-NOR.html

'Deed of Divorce' not valid, but mutual divorce can sustain:HC

Observing that divorce cannot be sought by spouses through a deed, the Court" target="_blank">Bombay High Court has set aside a family court order which rejected a petition filed by a couple seeking divorce by mutual consent by waiving the 6-month mandatory waiting period for granting such relief. 

The couple, Mittal and Manoj Panchal, got married in April 2007 in Mumbai as per Hindu rites but within a year disputes arose between them due to incompatibility, inequality and differences in their thoughts. 

They decided to get separated and mutually decided to execute a 'deed of divorce' in June 2011. At that time, they were not aware that such a divorce was not recognised inlaw. Both got re-married and the wife applied for a USA visa as her second husband was settled there. 

However, she could not get visa as the US Embassy demanded a divorce decree from the court. She then sought help of her first husband who cooperated and both applied to the family court under section 13-B of Hindu Marriage Act to get a divorce by mutual consent by waiving off the mandatory six-month waiting period. 

The family court rejected their petition following which she approached the Bombay High Court. 

A bench of High Court headed by Justice V K Tahilramani recently ruled, "We are of the opinion that the impugned order (of the family court) is not sustainable, both on facts and in law." 

The family court primarily rejected the petition on the premises that the marriage between the appellants was already dissolved by the Deed of Divorce dated June 13, 2011, as per the custom and usage prevailing in the caste and community and, therefore, the petition filed under section 13-B of Hindu Marriage Act is not maintainable. 

The family court also held that the deed of divorce, being an agreement between the appellants, cannot be set aside except on the ground that it was executed under force or pressure or by fraud by the parties to the agreement. 

The High Court held that the reasons given by the family court in rejecting the petition were not legally sustainable. 

The bench said the decree of divorce should have been passed because the marriage had been solemnised and later the parties had separated and mutually agreed to a divorce.

Original NEWS Source:- http://www.business-standard.com/article/pti-stories/deed-of-divorce-not-valid-but-mutual-divorce-can-sustain-hc-113122900150_1.html

Hrithik Roshan heading for the costliest divorce in Bollywood history

     

 

  

News East West

MUMBAI: Unless Hrithik Roshan and his wife Suzanne, who separated this week, sort out the issue amicably, it could turn out to be the costliest divorce in Bollywood history.

Since Suzanne has decided to end her 13-year marriage to Hrithik, she could file for divorce in the court to get her part of the Roshans’ property which is estimated to be over Rs 5,000 crore.

The couple have two sons – Hrehaan (7) and Hridhaan (5) – who are currently said to be with Suzanne who has been staying separately from Hrithik for months at the family’s Bandra flat which is said to be worth over Rs 25 crore.

In case of a legally decided divorce, this flat will go to Suzanne. The couple have another flat in Singapore that was bought during the shooting of Krrish 3 and is in Suzanne’s name. So this will go to her.

Then, Suzanne, who is an interior designer by profession, runs two design stores which are registered in her name though the money to buy them came from Hrithik Roshan.

She will also be entitled to half of Hrithik’s other properties and assets.  It has been reported that Hrithik owns properties worth Rs 1,500 crore in his name. That means Suzanne will end up with assets worth Rs 750 crore!

Properties listed in Hrithik’s name include a bungalow in Juhu, four floors at the Lotus Building in Andheri, and 100 acres of land in Bangalore. Then there are crores of rupees that Hrithik has earned from endorsements and royalties.

But the properties that Hrithik will inherit from his maternal grandmother running into crores may not fall within the ambit of the divorce settlement. These properties (from Hrithik’s nani) include a Juhu bungalow, a Santacruz office and farmland.

Apart from these properties, the Roshan family also owns their Kavita bungalow in Juhu, the Commerce Centre building in Andheri and their film library.

- See more at: http://newseastwest.com/hrithik-roshan-heading-for-the-costliest-divorce-in-bollywood-history/#.Ur6UcLKnuOU.facebook

500 complaints against lower judicial officers, says CJ

Disclosing that there are 500 petitions complaining about corruption in the lower judiciary now under the High Court’s scrutiny, Chief Justice of Madras High Court M.Y.Eqbal on Thursday warned of severe action if further complaints were received against them. He also made it clear that there was no bar on adopting ‘trapping’ methods too.

The Chief Justice said: “At present there are about 500 petitions under the scrutiny of the High Court as against 900 judicial officers working now. In all complaints, we are not taking drastic action of suspension or removal from service, but we will be keeping a watch on all the petitions received. If we receive petitions continuously, we will be compelled to take the drastic action of suspending the judicial officer, whether they are at the higher level in the cadre of District Judge or lower level in the cadre of Civil Judge, junior division.”

The Chief Justice was speaking after administering the oath of office to 165 newly appointed civil judges and inaugurating an induction programme for them.

Stating that judiciary was the last resort of an affected common man, he advised the new judicial officers to keep up the respect and reverence they commanded from the people. “If anybody raises a little finger against any judicial officer making allegation of corruption or favouritism, it is better to quit instead of continuing as a judicial officer.”

Observing that nowadays, public opinion was “not appreciative”, Mr. Justice Eqbal said judicial officers were also being blamed along with any other government servants.

Explaining that a Vigilance wing was working directly under the Chief Justice’s control to look into complaints against judicial officers, Mr.Eqbal said, “In serious matter like corruption allegations, the High Court will not compromise.”

“We are getting complaints even against some judicial officers of the last batch, and we are carefully scrutinizing them.” Though there was no bar on the High Court vigilance using trapping as a method, it was not adopting it, keeping in mind the impression the public had about the judiciary as a whole, he said.

Referring to the recent suspension of a District Judge at the age of 59 in Ramanathapuram on allegations of corruption, the Chief Justice advised the new recruits that they should be above any sort of corruption or favoritism.

Mr.Eqbal also advised them to maintain discipline in sitting at the fixed time and not to delay it.

The judicial officers will undergo training for two weeks on general judicial ethics and other essentials of court management and administration at the State Judicial Academy. E.O.M

Original NEWS Source:- http://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/500-complaints-against-lower-judicial-officers-says-cj/article3989931.ece

ACB starts toll-free number for corruption complaints

Home Minister Rajnikant Patel and DGP Amitabh Pathak at ACB headquarters in Ahmedabad. express photo

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Gujarat Police's Anti-Corruption Bureau (ACB) Tuesday launched a toll-free helpline number where people could lodge graft-related complaints against state government officials.
State's Home Minister Rajnikant Patel inaugurated the toll-free number (1800 233 44444), which would be operational 24x7, at a function at ACB headquarters in Ahmedabad.
ACB also announced it would open 12 new police stations to handle the rising number of corruption-related complaints.
ACB's special director Ashish Bhatia said, "We are starting 12 new ACB police stations in the state, including in border range that comprises Kutch and Banaskantha."
The ACB is also launching an advertisement campaign through short films, radio and hoardings to make people aware of redress mechanisms against corruption.
DGP Amitabh Pathak, who is also ACB's director, said, "The toll-free number and our other ad campaigns will be shown on television channels, local cable channels and multiplexes in the state before the screening of movies."
The agency has prepared two short films "Aapka ek kadam" (One step of yours) and "Bhrashtachar Mukt Gujarat" (Corruption-free Gujarat).
ACB officials said the agency had received approval to purchase land for the construction of its new headquarters, which has been operating out of an old bungalow in Shahibaug.
Meanwhile, the DGP said the maximum number of graft-related complaints so far this year were received against officials of the Home Department. "We have registered 27 corruption cases against the Home Department by May, the highest among state government departments this year. Officials were found collecting bribe for clearance of files, granting permission for land and settlements of cases with police stations and other agencies."

Original NEWS Source:- http://www.indianexpress.com/news/acb-starts-tollfree-number-for-corruption-complaints/1133941/

Hindu married to non-Hindu can't get divorce under Hindu Marriage Act: Bombay high court

MUMBAI: The Bombay high court has held that a Hindu married to a non-Hindu in accordance with Hindu rituals cannot seek divorce under the Hindu Marriage Act.

Accordingly, a bench headed by Justice VK Tahilramani upheld a family court order which rejected a petition filed by Niranjani Roshan Rao, a Hindu, seeking divorce from husband Roshan Pinto on the ground that he was a Christian at the time of marriage and was professing the same religion till today.

As the family court rejected her petition, she moved the high court, which, on December 24, rejected her appeal and upheld the lower court order.

"We are of the view that an order passed by the learned judge of the family court is perfectly legal and calls for no interference in exercise of appellate jurisdiction," said the bench while dismissing the appeal.

The appellant had filed the petition in family court seeking a decree of nullity of marriage and alternatively claimed divorce on the grounds of cruelty. She said, on January 13, 1999, she was married to respondent as per Hindu rituals. At the time of marriage, she was a Hindu while the respondent was a Christian.

After their marriage, they continued to profess their respective religions. Even at the time of filing of the petition, they continue to practice and follow their respective religions.

The appellant-wife argued that their marriage was null and void as it was in contravention of essential condition of valid marriage provided under section 5 of the Hindu Marriage Act, i.e. both the partners should be Hindus at the time of marriage.

The family court rejected the petition in exercise of powers under Order 7 Rule 11 of CPC, as the petition did not disclose any triable cause of action.

In other words, the family court said the petitioner had no right to file such a petition under the Hindu Marriage Act and as such cannot seek any relief. Both were not Hindus at the time of marriage and hence do not fulfill the conditions laid down under the act.

The high court observed that the appellant herself has stated that the respondent was not a Hindu at the time of marriage or thereafter.

"If this condition is not fulfilled and there was no contravention of provisions under Section 5 of the Hindu Marriage Act, the family court was right in saying that she had no right to file such a petition", the bench said.

Moreover, provisions of Hindu Marriage Act can be applied in cases when both the spouses were Hindus and their marriage is performed as per Hindu rites and rituals, the judges said.

Original NEWS Source:- http://articles.timesofindia.indiatimes.com/2013-12-28/india/45651886_1_family-court-hindu-marriage-act-petition

Fake bride, 4 others nabbed for taking 6 for a ride

BHOPAL: Believing sob stories about 26-year-old "needy, poor, widow" from a gang of fraudsters, 5 wannabe grooms fell for it. The gang of conmen would present Jyoti Verma as a widow with the responsibility of a 6-year-old girl. After making them marry the "poor widow," the gang would run away with the money and valuable of the unsuspecting men, police said.

The gang would have continued conning more but for the presence of mind shown by her fifth victim- Ram Charan Chowdhary, 32, a resident of Jasso village in Satna district to see through her game. After marrying Chowdhary on November 28, Jyoti ran away in a couple of days. But before doing so, she took Rs 25,000 the poor man gave to settle heroutstanding "loan". The man agreed to the condition.

Satna police have arrested 5 people, including 3 women in connection with the fraud in the past 15 days.

Jasso police station in charge R K Jaiswal said, "The accused was introduced to Chowdhary through one of her aides Rajesh Chowdhary, who knew the victim. It was he who helped in fixing the marriage of two.

"On December 1, Rajesh came and informed that there was some problem in maternal house of the woman and a relative had come to take her. Unaware of their intentions, Ram Charan allowed her to go," Jaiswal said.

But when she did not return or could be contacted on phone, Ram Charan tracked Rajesh in his native Imalia village in Panna district, he added. Ram Charan, who reached Imaliya with village elders, caught him. Finding him cornered, he called his two accomplices Pooja Saket, 32, and Rakesh Saket, 30. The trio tried to assure Ram Charan that they would return money, but Ram Charan informed the police, Jaiswal said.

All the three were arrested and then, Jyoti Verma, 26, the girl who married Ram Charan was arrested from Piparia Don, a village in Panna district. But even before that, she managed to befool a villager in Piparia Don and was living with him. She was demanding Rs 30,000 from him to settle loans, Jaiswal said.

Satna police have arrested 5 people, including 3 women in connection with the fraud over the past 15 days.

On interrogation they revealed that Ram Charan was the fifth husband of Jyoti, he said.

"The fifth accused, Shobha, 40, was arrested on December 28 from Panna and was presented before the court on Thursday," he said adding, "Shobha was living with a man known by the name of Hatim, who was her fifth husband".

All the accused have been booked under Section 420 (fraud) of the IPC and other relevant sections.

Original NEWS Source:- http://timesofindia.indiatimes.com/city/bhopal/Fake-bride-4-others-nabbed-for-taking-6-for-a-ride/articleshow/27697032.cms?intenttarget=no

Kashmiri fatwa allows remarriage of women with missing husbands

SRINAGAR: Various Kashmiri Muslim scholarson Thursday issued a fatwa permitting women whose husbands have been missing for the past four years to remarry.

The religious scholars were in Srinagar for a conference on the issue of the remarriage of Kashmiri women whose husbands have gone missing over the past two decades since the outbreak of militancy in the state.

Bashir Ahmad Dar, head of Ehsaas, the NGO that organized the conference, said the religious scholars unanimously concluded that the 'half-widows' whose husbands have disappeared in custody or otherwise over the past 20 years can remarry four years after the disappearance.

According to Dar, also a noted educationist, among the scholars who participated in the conference were Moulana Showkat Hussain Keng (patron, Anjuman-e-Himayatul Islam), Mufti Mohammad Yaqoob (Jamiat-e-Ahla Hadees), Mohammad Manzoor Raza (Karwan e Islami), Mujahid Shabir Ahmad Falahi (Jamat e Islami), Mohammad Saeed ur Rehman Shams (Anjuman-e Nusratul Islam), Moulana Hakim Sajjad Hussain (Ahle Bait Foundation) and Mufti Mohammad Ishaq Nazki (Darul Uloom Raheemiya, Bandipore).

After the third round of consultation on the issue, the ulemas (scholars) representing various institutions and organizations issued a joint statement saying any half-widow who intend to remarry can do so after four years. They said the issue of property in respect of the half-widows should be resolved in the light of the teachings of the Holy Quran and Hadith.

A detailed edict (fatwa) will be issued soon, the ulemas said.

Under the Dissolution of Muslim Marriage Act 1939, which is already in place in the country, a woman married under Muslim law is entitled to obtain a decree for the dissolution of marriage if the whereabouts of her husband have not been known for a period of four years.

Dar extended gratitude to the ulemas and stressed the need to reach out to those affected by conflict in the past 20 years.

"The story of half-widows is a story of honour, the story of resilience," said Paveena Ahanger, chairperson of Association of Disappeared Persons. "As per our estimates there are 1,500 such women in Jammu and Kashmir. Most of these women are suffering in a bad way, and there are few organizations that focus on supporting them."

Tahira Banu, one such half-widow, has been taking care of her three sons for the past 10 years. Her husband, a contractor, disappeared after he left home for work. "It's not easy to be a single parent," she said. "Two of my sons are in the orphanage, and the youngest lives with me. Earlier, people used to give me charity, but now I work in a beauty clinic."

Bahu said the hundreds of women like her wanted the government to help them locate their missing husbands.

Original NEWS Source:- http://timesofindia.indiatimes.com/india/Kashmiri-fatwa-allows-remarriage-of-women-with-missing-husbands/articleshow/27990134.cms?intenttarget=no

Maharashtra set to become 1st state to allow online filing of RTI applications

Pic for representational purpose. - A Veeramani/DNA

To make the process of filing Right To Information (RTI) applications easy, Maharashtra will soon become the first state to enable people to seek information online under the Act. Presently, people file their RTI applications physically and pay a fee of Rs10 via modes like a court fee stamp, demand draft and Indian postal order. The system of filing RTI applications online will help simplify the process.  
The Centre has already launched a portal to enable online filing of RTI applications with major ministries and departments located in New Delhi. Here, applicants can get a unique registration number for future reference and can also provide mobile numbers for SMS alerts.
“People will soon be able to file RTI applications online,” Maharashtra information technology (IT) secretary Rajesh Aggarwal told dna, adding that the National Informatics Centre (NIC) was fine-tuning the system. “This will be online in around two to three weeks’ time,” he said and added that they would start accepting such online applications for the general administration department (GAD) and then extend it to other departments and districts later.
Under the system, people will be able to apply for information and pay the necessary fees online, noted Aggarwal. “We have to get it customised,” he said, adding that the NIC was working on fine-tuning the payment gateway, which will enable people to make payments via credit or debit cards or net-banking. 
“Allowing people to file RTI applications online will be useful in taking the RTI act forward,” said RTI activist Shivaji Raut. “Students and professionals in sectors like IT and women are not using the RTI act too vigorously. The online filing of RTI applications will help get them into the RTI net and these (educated) people will help expose corruption fast,” he added.
Raut, however, cautioned that public information officers (PIO) in rural areas could face problems receiving and processing RTI applications online. He added that instances of PIOs not accepting RTI applications or trying to hoodwink people would come down due to the new system.
From January to December 2012, a total of 6,82,286 RTI applications were filed in Maharashtra.
Out of these information was given for 6,54,067 applications. A total of 92,649 RTI applications were pending since 2011.
Simplifying the process
Under the system, people will be able to apply for information and pay the necessary fees online.
The government would start accepting such online applications for the general administration department (GAD) and then extend it to other departments and districts later. The system of filing RTI applications online will help simplify the process.

Original NEWS Source:- http://www.dnaindia.com/mumbai/report-maharashtra-set-to-become-1st-state-to-allow-online-filing-of-rti-applications-1940635