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Below are the 20 most recent journal entries recorded in Vinayak's Blurty:

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    Thursday, June 7th, 2007
    7:02 pm
    Husband granted Bail even when wife is dead
    This case was originally published at Judis dot nic dot in


    CASE NO.: Appeal (crl.) 249 of 2007

    PETITIONER: D.K. Ganesh Babu

    RESPONDENT: P.T. Manokaran & Ors

    DATE OF JUDGMENT: 23/02/2007

    BENCH: Dr. ARIJIT PASAYAT & R.V. RAVEENDRAN

    JUDGMENT: J U D G M E N T (Arising our of SLP(Crl.) NO. 3374 of 2006)



    Dr. ARIJIT PASAYAT, J.


    Leave granted.

    Challenge in this appeal is to the order passed by a learned Single Judge of the Madras High Court while dealing with an application filed in terms of Section 438 of the Code of Criminal Procedure, 1973 (in short the 'Code') .

    This Appeal has been filed by the complainant.

    The applicants before the High Court who are respondents 1to 3 herein, filed the application as they were apprehending arrest in crime No. 1358 of 2006 which was under investigation of the Inspector of the concerned circle.

    It was alleged in the complaint that because of the dowry demands, the victim committed suicide and the accused-respondent Nos.1 to 3 apprehended arrest for the alleged offence under Section 304 B of the Indian Penal Code, 1860 (in short the 'IPC') and Section 4 of the Dowry Prohibition Act, 1961(in short the 'Act').

    The application was disposed of by the
    learned Single judge inter-alia with the
    following observations and directions:

    i. each of them should execute a bond for a
    sum of Rs. 25.000/- (Rupees Twenty Five
    Thousand only) together with two sureties
    each for the like sum to the satisfaction of
    XVII Metropolitan Magistrate Saidapet,
    Chennai.

    ii. The first petitioner shall appear
    before the respondent police for a period of
    two weeks daily at 10.30.a.m. and thereafter
    the first petitioner shall appear before the
    respondent police as and when required.


    iii. The petitioners 2 and 3 shall report
    before the respondent police for a period of
    three days from l0.30. a.rn. to 12. 30. noon
    everyday and thereafter they shall be
    available for interrogations as and when
    required.

    iv. The petitioners 1 and 2, in
    consultation with the first accused, who is
    the husband of the victim in this case,
    shall take all necessary steps to band ever
    all the articles belonging to the victim
    viz. gold and diamond jewellery, house held
    articles including the silver articles and
    the cash to the father of the victim within
    a period of two weeks after our execution of
    this order.

    The petitioners shall surrender before the
    court referred to above for executing the
    bond and furnishing sureties within two
    weeks from the date of receipt of copy of
    this order, falling which, this order shall
    stand cancelled."

    The only point urged in support of the appeal by the informant appellant is that the parameters to be kept in view, while dealing with an application under Section 438 of the Criminal Procedure Code, 1973 (in short the 'Code'), had not been kept in view. It was submitted that actually the respondents have been granted bail without surrender, since the terms for release have been stipulated in the order itself.

    Learned counsel for the respondent Nos. 1 to 3 on the other hand submitted that the materials on record clearly justified passing of the order as done, and there is nothing illegal in the order to warrant any interference. Further the respondents have already surrendered and have been granted bail on the terms stipulated by Learned Single Judge.

    The facility which Section 438 of the Code gives is generally referred to as 'anticipatory bail'. This expression which was used by the Law Commission in its 41st Report is neither used in the section nor in its marginal note. But the expression 'anticipatory bail' is a convenient mode of indication that it is possible to apply for bail in anticipation of arrest. Any order of bail can be effective only from the time of arrest of the accused. Wharton's Law Lexicon explains 'bail' as 'to set at liberty a person arrested or imprisoned, on security being taken for his appearance.' Thus bail is basically release from restraint, more particularly the custody of Police. The distinction between an ordinary order of bail and an order under Section 438 of the Code is that whereas the former is granted after arrest, and therefore means release from custody of the Police, the latter is granted in anticipation of arrest and is therefore effective at the very moment of arrest.(See: Gur Baksh Singh v. State of Punjab 1980(2) SCC 565).

    Section 46(1) of the Code, which deals with how arrests are to be made, provides that in making an arrest the Police officer or other person making the same "shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action". The order under Section 438 of the Code is intended to confer conditional immunity from the touch as envisaged by Section 46(1) of the Code or any confinement. The apex Court in Balachand Jain v. State of Madhya Pradesh (AIR 1977 SC 366) has described the expression 'anticipatory bail' as a misnomer. It is well-known that bail is ordinary manifestation of arrest, that the Court thinks first to make an order is that in the event of arrest a person shall be released on bail. Manifestly there is no question of release on bail unless the accused is arrested, and therefore, it is only on an arrest being effected the order becomes operative. The power exercisable under Section 438 is somewhat extraordinary in character and it is only in exceptional cases where it appears that the person may be falsely implicated or where there are reasonable grounds for holding that a person accused of an offence is not likely to otherwise misuse his liberty then power is to be exercised under Section 438. The power being of an important nature it is entrusted only to the higher echelons of judicial forums, i.e. the Court of Session or the High Court. It is the power exercisable in case of an anticipated accusation of non-bailable offence. The object which is sought to be achieved by Section 438 of the Code is that the moment a person is arrested, if he has already obtained an order from the Court of Session or High Court, he shall be released immediately on bail without being sent to jail.

    Sections 438 and 439 operate in different fields. Section 439 of the Code reads as follows:

    "439. (1) A High Court or Court of Session
    may direct -

    (a) that any person accused of an offence
    and in custody be released on bail, and if
    the offence is of the nature specified in
    sub-section (3) of Section 437, may impose
    any condition which it considers necessary
    for the purposes mentioned in that sub-
    section;

    (b) that any condition imposed by the
    Magistrate when releasing any person on bail
    be set aside or modified."

    (underlined for emphasis)

    It is clear from a bare reading of the provisions that for making an application in terms of Section 439 of the Code a person has to be in custody. Section 438 of the Code deals with "Direction for grant of bail to person apprehending arrest".

    In Salauddin Abdulsamad Shaikh v. State of
    Maharashtra (AIR 1996 SC 1042) it was
    observed as follows:

    "Anticipatory bail is
    granted in anticipation of arrest in non-
    bailable cases, but that does not mean that
    the regular court, which is to try the
    offender, is sought to be bypassed and that
    is the reason why the High Court very
    rightly fixed the outer date for the
    continuance of the bail and on the date of
    its expiry directed the petitioner to move
    the regular court for bail. That is the
    correct procedure to follow because it must
    be realised that when the Court of Sessions
    or the High Court is granting anticipatory
    bail, it is granted at a stage when the
    investigation is incomplete and, therefore,
    it is not informed about the nature of
    evidence against the alleged offender. It
    is, therefore, necessary that such
    anticipatory bail orders should be of a
    limited duration only and ordinarily on the
    expiry of that duration or extended duration
    the court granting anticipatory bail should
    leave it to the regular court to deal with
    the matter on an appreciation of evidence
    placed before it after the investigation has
    made progress or the charge-sheet is
    submitted".

    (Emphasis supplied)

    In K.L. Verma v. State and Anr. (1996 (7)
    SCALE 20) this Court observed as follows:

    "This Court further observed that
    anticipatory bail is granted in anticipation
    of arrest in non-bailable cases, but that
    does not mean that the regular court, which
    is to try the offender, is sought to be
    bypassed. It was, therefore, pointed out
    that it was necessary that such anticipatory
    bail orders should be of a limited duration
    only and ordinarily on the expiry of that
    duration or extended duration the court
    granting anticipatory bail should leave it
    to the regular court to deal with the matter
    on an appreciation of evidence placed before
    it after the investigation has made progress
    or the charge-sheet is submitted. By this,
    what the Court desired to convey was that an
    order of anticipatory bail does not enure
    till the end of trial but it must be of
    limited duration as the regular court cannot
    be bypassed. The limited duration must be
    determined having regard to the facts of the
    case and the need to give the accused
    sufficient time to move the regular court
    for bail and to give the regular court
    sufficient time to determine the bail
    application. In other words, till the bail
    application is disposed of one way or the
    other the court may allow the accused to
    remain on anticipatory bail. To put it
    differently, anticipatory bail may be
    granted for a duration which may extend to
    the date on which the bail application is
    disposed of or even a few days thereafter to
    enable the accused persons to move the
    higher court, if they so desire."

    (Emphasis supplied)

    In Nirmal Jeet Kaur v. State of M.P. and
    Another (2004 (7) SCC 558) and Sunita Devi
    v. State of Bihar and Anr. Criminal Appeal
    arising out of SLP (Crl.) No. 4601 of 2003
    disposed of on 6.12.2004, certain grey areas
    in the case of K.L. Verma's case (supra)
    were noticed. The same related to the
    observation "or even a few days thereafter
    to enable the accused persons to move the
    Higher Court, if they so desire". It was
    held that the requirement of Section 439 of
    the Code is not wiped out by the above
    observations. Section 439 comes into
    operation only when a person is "in
    custody". In K.L. Verma's case (supra)
    reference was made to Salauddin's case
    (supra). In the said case there was no such
    indication as given in K.L. Verma's case
    (supra), that a few days can be granted to
    the accused to move the higher Court if they
    so desire. The statutory requirement of
    Section 439 of the Code cannot be said to
    have been rendered totally inoperative by
    the said observation.

    In view of the clear language of Section
    439 and in view of the decision of this
    Court in Niranjan Singh and Anr. v.
    Prabhakar Rajaram Kharote and Ors. (AIR 1980
    SC 785), there cannot be any doubt that
    unless a person is in custody, an
    application for bail under Section 439 of
    the Code would not be maintainable. The
    question when a person can be said to be in
    custody within the meaning of Section 439 of
    the Code came up for consideration before
    this Court in the aforesaid decision.

    The direction which a Court can issue under Section 438 of the Code is that in the event of arrest of an accused on an accusation of committing a non-bailable offence, he shall be released on bail subject to such conditions as the Court may deem fit to impose. An application under Section 438 of the Code can be moved only by a person who has not already been arrested. Once he is arrested, his remedy is to move the concerned Court either under Section 437 or Section 439 of the Code. In the very nature of the direction which the Court can issue under Section 438 of the Code, it is clear that the direction is to be issued only at the pre-arrest stage. The direction becomes operative only after arrest. The condition precedent for the operation of the direction issued is arrest of the accused. This being so, the irresistible inference is that while dealing with an application under Section 438 of the Code the Court cannot restrain arrest.

    Ordinarily, arrest is a part of the process of investigation intended to secure several purposes. The accused may have to be questioned in detail regarding various facets of motive, preparation, commission and aftermath of the crime and the connection of other persons, if any, in the crime. There may be circumstances in which the accused may provide information leading to discovery of material facts. It may be necessary to curtail his freedom in order to enable the investigation to proceed without hindrance and to protect witnesses and persons connected with the victim of the crime, to prevent his dis-appearance to maintain law and order in the locality. For these or other reasons, arrest may become an inevitable part of the process of investigation. The legality of the proposed arrest cannot be gone into in an application under Section 438 of the Code. The role of the investigator is well-defined and the jurisdictional scope of interference by the Court in the process of investigation is limited. The Court ordinarily will not interfere with the investigation of a crime or with the arrest of accused in a cognizable offence. An interim order restraining arrest, if passed while dealing with an application under Section 438 of the Code will amount to interference in the investigation, which cannot, at any rate, be done under Section 438 of the Code.

    The aforesaid aspects have been highlighted
    in Adri Dharan Das v. State of West Bengal
    (2005(4)SCC 303).

    In view of what has been stated above some of the directions, given by learned Single Judge, as quoted above, are not in line with what has been stated in Adri Dharan Das's case (supra). Accordingly we modify the directions.

    Since the respondents have already surrendered and have been granted bail in terms of the High Court's directions, they shall surrender before the concerned court and shall move for bail in terms of Section 439 of the Code within four weeks from today. On that being done the case shall be considered in its proper perspective uninfluenced by the fact we have disapproved stipulation of conditions by the High Court. The concerned court shall deal with the matter appropriately. It is brought to our notice that the husband of the deceased has already been released on bail after his surrender. The effect and/or relevance of that order shall be duly considered by the concerned court while dealing with the application for bail to be filed within stipulated time.

    The appeal is allowed to the aforesaid extent.


    With due thanks to Judis dot nic dot in

    Original URL : http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=28630
    Tuesday, May 29th, 2007
    2:59 pm
    More on the mediation process ...

    More on the mediation process ...




    Dear Brother

    >On my date of RCR on ___ / __, opposite party
    >started demanding reconcilliation in mediation
    >cell although the case was at the stage of
    >"petitioners wittnesses".

    This is pure delay tactics and should be pointed out to the judge. Most probably the judge told you that you are being referred to mediation and not know what that meant, you accepted to the process. Well past is past. So now please read further ...

    >I just want to know, what type of report in
    >the end 'mediation cell' could give out. Does
    >this report reveal who is at fault or some
    >other true facts (except those written in the
    >petition and reply to petitions)?


    Every party going for mediation is entitled to know about the mediation proceess AT OR BEFORE the start of mediation

    Advocates are NOT permitted into the Mediation center IF PARTIES object. for e.g. if you object, both advocates have to wait outside. So use that facility IF you are very sure of the law and are more confident than your wife.

    At the beginning of the mediation please ask the following questions VERY POLITELY, TO THE MEDIATORS

    1. What is the evidenciary value of mediation ? [we know the answer, but still ask]

    2. Can the proceedings in mediations, facts that have come out in Mediation be used in the case [we know the answer, but still ask]

    3. If at the end of the mediation, if both parties do NOT COME to an agreement [ please note I am NOT saying both parties should start living together...] I am just saying both parties do NOT come to an agreement, what happens ? ask this question as well, though we know the answer

    The idea here is to set the scene and clear the ground and make the mediator aware that you are aware thru his statements

    Do NOT act like a lawyer. Act like a loving husband, ... A dutyfull son, an honest citizen etc etc etc ...but do NOT give in to blackmail


    Now let me answer your questions
    ==================================================

    ref here for more on mediation process

    http://evinayak.rediffiland.com/scripts/xanadu_diary_view.php?postId=1180330765
    or
    http://tinyurl.com/22245j

    Mediation can be one sitting or multiple sittings. Many times it is more than one sitting.

    If the mediation failed the mediators are supposed to refer the case back to court !!! that's all. BUT PLEASE READ THIS WHOLE NOTE AND POST QUESTIONS IF ANY before you jump into a mediation

    >If i _indirectly_ say in the mediation cell
    >that there are no chances of further
    >reconcilliation, will it be negative for my
    >case.

    again !!!!!! please note MEDIATION IS NOT RECONCILIATION.

    COUNSELLING IS AIMED AT RECONCILIATION - i.e. living together blah blah

    MEDIATION IS AIMED AT SETTLEMENT. Settlement may be that both of you break away - AS WELL !!!!. This is a subtle difference NOT told to you even by many lawyers.

    In addition to above : Some important thing(s) to remember in mediation

    - DO NOT RELEASE all your trump cards. Proceedings in mediation are NOT of evidentiary value later. So do NOT release your trump cards.

    - Observe the opponent

    - Take time to expose the oppponents lies

    - for e.g. a cruel wife, a wife who tried suicide and tried to frame the hubby, may come to mediation and fall at the hubby's feet and seek marital life from that date. Politely remind the mediators the terror you went thru when she gave you the suicide threats...

    - seek proof where necessary. For e.g. if wife says you are earining a million, seek proof

    - when wife counters stating "..what are you earning then .." , counter her politely that you are NOT ready to discuss that as she is NO longer living with you as a LOVING wife...but she is an opponent in a legal case !!

    - YOU DO NOT HAVE TO ACCEPT / AGREE TO A SETTLEMENT in one go. Do NOT do that mistake. As an NRI I was hoodwinked on that aspect

    and so on ......

    >I just want to know, what type of report in
    >the end 'mediation cell' could give out.
    [.......]
    >My lawyer says there is nothing to worry here
    >just pass time, the final report of the
    >mediation cell will be either "Mediation
    >successfull" or "Mediation Failed".

    That is right (mostly I'd say),

    An addendum : If mediation succeeded, terms of compromise may also be drafted and signed between parties

    >case. My oppsite party is behaving very polite
    >and humble in mediation cell and demanding that
    >other members of my family should also be
    >called in the mediation cell.


    as long as other members of your family are NOT parties to your case they need not attend mediation

    More parties, more the mess. Try and limit the crowd. Do NOT make it a Saas Bahu (MIL / DIL ) TV serial.

    Read ....read... read... the archives here and blogs. Arm yourself with legal points and approach the case with great mental strength


    regards, vinayak

    My post above is Subject to
    ----------------------------
    1. My idea of *self help* which is very essential : http://tinyurl.com/pxcfz
    2. Standard disclaimers as in http://tinyurl.com/947u9
    3. A short preamble : http://tinyurl.com/hatew



    >
    >Hello Everybody,
    >
    >On my date of RCR on ___ / __, opposite party
    >started demanding reconcilliation in mediation
    >cell although the case was at the stage of
    >"petitioners wittnesses".
    >
    >After initial talks with me & her the judge
    >refferred our case to mediation cell on 28th
    >may and the judge at the mediation center tried
    >to reconcile.
    >
    >I just want to know, what type of report in
    >the end 'mediation cell' could give out. Does
    >this report reveal who is at fault or some
    >other true facts (except those written in the
    >petition and reply to petitions)?
    >
    >My lawyer says there is nothing to worry here
    >just pass time, the final report of the
    >mediation cell will be either "Mediation
    >successfull" or "Mediation Failed".
    >
    >If i _indirectly_ say in the mediation cell
    >that there are no chances of further
    >reconcilliation, will it be negative for my
    >case. My oppsite party is behaving very polite
    >and humble in mediation cell and demanding that
    >other members of my family should also be
    >called in the mediation cell.
    >
    >Anybody having experience of mediation cell
    >please give ur inputs. People having experience
    >at mediation center at Delhi please give
    >me ur contact numbers, i would just like to
    >discuss my case with u.
    >
    >
    >Harassed hubby
    11:35 am
    Technorati
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    10:04 am
    google843e7e0f13c39412.html
    google843e7e0f13c39412.html
    Monday, May 28th, 2007
    2:16 pm
    Men caught in the Act?

    Men caught in the Act?



    28 May, 2007 l 0011 hrs ISTlSmita Khanna/TIMES NEWS NETWORK

    The first prosecution under the Domestic Violence Act may have come through, but what's worrying legal experts is not the need for more laws to protect women.

    Salman Khan wasn't crooning Shaadi kar ke phas gaye yaar, for nothing, you know. Those ludicrous tales of the misses running after the hapless hubby with the belan aren't as unrealistic as they sound. While there have been some lone voices beginning to take up the battle for the victimised pati post the Dowry Prohibition Act of 1961, Section 498 (a) seems to have become a rapier some women love to brandish. even as legal experts collectively frown at how the law is often misused to implicate innocent men and their families, the frown just got deeper post the Protection of Women Against Domestic Violence Act, (DVA) 2005. While the first prosecution under the Act just came through, men's organisations and lawyers alike are wondering if the belan just became a baton.

    For the likes of Sachit Dalal, project manager with a software firm in Delhi at least, the hits just keep on coming. Admittedly, a victim of "legal terrorism", for Dalal these laws spell bad news. "Feminists and women's organisations keep throwing these laws at men's faces, but what about those thousands of cases where men are abused? Why are there no laws supporting men?" he questions.

    While Dalal also cites a WHO report which talks about financial abuse of in-laws by the bahu to fortify his cause, Swarup Sarkar, founder member and coordinator, Save Indian Family, thinks that this isn't a fight between men and women, but between families. "Statistics reveal that only two per cent of the cases of harassment filed by women are genuine and there are several reasons for this," says Sarkar even as he elaborates: "Extra-marital affairs, the husband's inability to provide enough money etc lead women to exploit these laws to get their way around."

    Agrees Pratima Gupta, an advocate practicing in the Delhi High Court, "There is no doubt that only two or three per cent of the cases of harassment coming to court are genuine. These laws are being used as tools of mal-adjustment. If you want to keep a marriage going, small things don't matter, but they get blown out of proportion if one wants to break free. Unfortunately, when you are unable to split gracefully, you use Section 498!"

    Perhaps it is things like these that have led Sarkar to demand that the DVA be made "gender neutral" and be termed as the Domestic Harmony Act.

    Not that women's rights activist Shalini Mathur, founder of Suraksha, would agree. According to Mathur, "These laws cannot be gender neutral, because our society is not gender neutral. Has a man ever been hanged for killing his wife?"

    "The ordinary man is not a criminal," retorts RP Chuge, lawyer, practicing in the Supreme Court and a member of Protect Indian Family. While Chuge reveals that he has been abused by his wife and is himself a "victim", it doesn't deter him from saying, "Women should be protected, but that doesn't mean that they will use these laws to threaten men."

    Time the legal eagles sorted things out, don't you think?

    http://timesofindia.indiatimes.com/Cities/City_Supplements/Lucknow_Times/Men_caught_in_the_Act/articleshow/2077692.cms
    10:14 am
    Beware of Marketing Advocates

    Beware of Marketing Advocates



    Posted by: "m.r. gupta"

    Dear friends,

    All mumbai sif members who hired services of some advocates have complaint against them and are totally dissatisfied with their services and have reported that they never attend crucial dates.

    It is observed that some lawyers are using various tactics to attract rich clients and are interested only upto making 'petition' for anything 10K to 30+K and 500 to 2K for per appearance. But as appearance charge are not attractive compare to making 'ONLY PETITION', they do not take interest in appearance and then we have to suffer. Please beware of such advocates and report the group about such advocates so that others could be cautioned in time.

    Some advocates in the name of social service are luring unsuspecting sufferers/group members to appear for interviews with them and make CDs for their own marketing.

    M.R. GUPTA
    PROTECT INDIAN FAMILY FOUNDATION
    9:47 am
    Mediation : Value of mediation proceedings as evidence

    Mediation : Value of mediation proceedings as evidence



    >"a counsellor appointed by the court for
    >counselling in the DV case will not be bound by
    >evidence act, cpc or crpc" !!!
    >[..........]
    >"the record of counselling proceedings shall not
    >be deemed to be material on record in the case"
    >[..........]
    >Isn't this an encouragement for vexatious
    >petitions with the help of one sided laws

    Reply

    1. At present, some Matrimonial Laws in India are one sided. There is NO denying that. Men have to endeavour to change them. SIF , 498 org , mynation etc are the first steps. We need to proceed further.

    2. The DV act is a family breaker. No denying that

    3. The DV act seems to be using SHE all over the mediation provisions. Having only women as mediators makes me feel agast. There seems to be no future for litigating men.


    Having said all this let me add the following below

    >"the record of counselling proceedings shall not
    >be deemed to be material on record in the case"

    4. Even now under the Family courts, mediation centers have been set up

    5. these mediations centers act in a very similar way. Proceedings in mediation / mediation cell cannot be used as evidence elsewhere. Just for your info, mediation is practiced all over the world. To the best of my knowledge the Indian Mediation has drawn from the British system.

    >
    >what is the intent of all this?
    >

    6. One intent is to reduce the burden on the judiciary. In a country with a billion GENERALLY LAW ABIDING people the incidence of murder rape etc - as a % of the population is generally low. With the present police force and courts and juges, the law and order machiney CAN NOT cope with EVEN that. But practically EVER EIGHTH OR EVERY TENTH household is turning into a battlefiled on matrimonial cases (the number could be higher in some cities). The Family courts have huge backlogs .... running to years. So the judiciary wishes to settle matters OUTSIDE the evidence, inquiry .... trial process , but under the supervision of the court. IMHO, this is the overriding intent. However I agree that this intent MAY BE misused.


    >Is this logically possible? some one not bound
    >by crpc and evidence act?

    7. Let us say YOU are the mediator in a family fued. You try to reason out. During the discussions, say for e.g. One of the parties doesn't shut up and keeps on talking. In frustration you tell him "..shut up you fool..". Do you, as a mediator, wished to get sued for slander, indecent behaviour etc etc ??? because of this "..shut up you fool..". The idea of absolving the mediator of criminal liabilities and burden of evidence is to let the mediator act with freedom. However I agree that this liberty / protection to mediators MAY also BE misused. Especially if the govt. plans to have just women as mediators.


    Regards
    Vinayak


    >
    >Who is not bound by evidence act in court proceedings?
    >Sun May 27, 2007 1:17 am (PST)
    >
    >Hi
    >
    >As per the notification under the DV act,
    >
    >"a counsellor appointed by the court for
    >counselling in the DV case will not be bound by
    >evidence act, cpc or crpc" !!!
    >
    >" she shall only strive for bringing an end to
    >domestic violence to the satisfaction of the
    >aggrieved person"
    >
    >"the record of counselling proceedings shall not
    >be deemed to be material on record in the case"
    >
    >what is the intent of all this?
    >
    >Is this logically possible? some one not bound
    >by crpc and evidence act?
    >
    >Isn't this an encouragement for vexatious
    >petitions with the help of one sided laws
    >
    >
    Sunday, May 27th, 2007
    5:29 pm
    Ex VC's Daughter slaps Dowry case on her hubby, 13 years after marriage

    Ex VC's Daughter slaps Dowry case on her hubby, 13 years after marriage



    Son-in-law of Ex-VC Dr. Rudrappa held for dowry

    Mysore, May 22 (BLU&MRS)- The Women Police arrested this morning the son-in-law of former Mysore University Vice-Chancellor Dr. Y.P. Rudrappa in an alleged dowry harassment case.

    Dr. Y. Venkatesh, Reader in the Department of Library Sciences, Manasagangotri, was arrested in his Gangotri quarters with the assistance of Saraswathipuram Police.

    Dr. Sudha Rudrappa, wife of Dr. Venkatesh and daughter of Dr. Y.P. Rudrappa, had filed a complaint with the Women Police Station accusing him of harassing her for more dowry.

    Dr. Sudha, a paediatrician at K.R. Hospital, has alleged in her complaint that she married Dr. Venkatesh about 13 years ago and Rs. 1 lakh was paid to him along with jewellery as dowry at the time of wedding.

    Not satisfied with this, her husband continued to harass her to bring more dowry and it became unbearable in recent days, Dr. Sudha alleged.

    Dr. Venkatesh is being produced before the Court today.


    http://www.starofmysore.com/searchinfo.asp?search1=13112&search2=newsheadlines


    ========== end of news ========

    Comment : Is 1 lakhs really that big ? that too for an EX VC'ss daughter who is a pediatrician ? dal mE kuch kala hai ?

    =========================================================================================
    1:05 pm
    Marriage vow only when guy is from IT

    Marriage vow only when guy is from IT



    PTI[ SUNDAY, MAY 27, 2007 09:55:19 AM]

    CHENNAI: Fat pay packets, junkets and lavish lifestyle have made Information Technology professionals the most sought after in the matrimony market, leaving others to sweat it out to win a bride.

    "Until a decade ago, there was a great demand for grooms in banking sector as it was considered a secured and peaceful job. But today, the IT men are the hottest in the marriage market," says Murugavel Janakiraman, CEO of bharatmatrimony.com, a leading matrimony portal.

    While men generally settle down for a good-looking, educated and caring bride, women look forward to a spouse who is well settled, capable of providing financial security.

    With bulging pay packets and soaring career graph, the IT grooms are the ideal choice now, he adds.

    According to a recent survey, about 70 per cent of youngsters prefer arranged marriages, leaving their parents to have a major say in matrimonial matters.

    Surprisingly, grooms with government jobs are no more the favourites of elders and IT professionals have now become their blue-eyed boys.

    Shanmugam, a marriage broker, says people are even prepared to spend beyond their capacity on a lavish marriage and extra dowry for a groom in the IT field.

    Showing a bunch of biodata and horoscopes, he says about 70 per cent of them belong to IT professionals as the "demand" was very high. They are the popular choice even for girls in non-IT sectors, he adds.

    At the age of 24, an IT professional can easily afford an apartment, car and a comfortable living, which may be an uphill task for his peer in any other field.

    Shyam, a diploma holder working in a non-IT firm as systems engineer with almost nine years of experience, has been drawing a "decent salary" of Rs 16,000 per month.

    But, he learnt the ground realities the hard way when he started searching for a bride two years ago.

    "I was looking for an engineering graduate but I realised that my salary is not good enough to win a bride as the expectations are too high in the marriage market," he says.

    Pointing out that even freshers in the IT field are drawing around Rs 20,000 per month, his friends are advising him to switch over to that sector.

    Now in his late 20s, Shyam has joined part-time BE course to get a bride at least if not an IT job.

    The case of Ramachandran is no different. Working as a sub-editor in a media organisation, he is earning Rs 13,000 per month.

    "I've posted my biodata on matrimony websites, but the response has not been encouraging. And the very first query that raises is about my monthly salary," he rues.

    He feels educated well-salaried girls have now become out of reach for "commoners" like him.

    Though the IT boom has ushered in economic empowerment of lakhs of youngsters, it has also created an imbalance among the youth as privileged and under-privileged, he remarks.


    http://economictimes.indiatimes.com/Marriage_vow_only_when_guy_is_from_IT/RssArticleShow/articleshow/2077329.cms
    12:29 pm
    Seven-yr-old faces dowry charges
     

    Seven-yr-old faces dowry charges

    Sameer Kumar, Abhay Mohan Jha
    Saturday, May 26, 2007 (Begusarai)


    A seven-year-old has been charged in a dowry case in Bihar. Santosh, a class four student has paid the price for a crime he did not commit.


    ''They framed me in a dowry case. I study in class 4. Police came to my house and asked for money. They threatened to send me to Munger otherwise,'' he said.

    Santosh was named in a dowry harassment case last year along with his parents and his elder brother. His parents and brother got bail after his father reached a compromise with the complainant. But given Santosh's tender age, the court didn't pass any specific bail order in his name.

    Santosh's lawyer says there were serious lapses in the way the case was handled.

    ''The age of none of the accused has been mentioned in the entire case diary,'' said Vijay Maharaj. Police admit they made a mistake but say the witnesses in the case had a role to play.

    ''None of the witnesses mentioned that the accused is under age. I agree that we have made a mistake in this case,'' said Amit Lodha, SP, Begusarai.

    Police say Santosh can breathe easy irrespective of the outcome of the case. But this comes as cold comfort for someone who has learnt a bitter lesson so early in life.

    http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070013361
    10:58 am
    Letter to a NRI Hubby

    Letter to a NRI Hubby



    I often answer questions from harassed husbands. I am blogging some of these, sans identifying details


    Dear NRI Hubby

    These days I come across 100s if not 1000s of FALSE extortion cases and FALSE dowry cases. Courts have condemned this. The law that was made to protect the woman, seems to be grossly mis-used to extract money from innocent men or to wreck vengeance. I'm saddened to hear your story.

    Do not think you are the only one affected. There are 10s of 1000s of FALSE cases all over India.

    .....Subject to my idea of *self help* which is very essential : http://tinyurl.com/pxcfz and standard disclaimers as in http://tinyurl.com/947u9

    ... may I suggest
    ---------------------------

    >
    >We have lot of disputes since our marriage.
    >
    >despite of our regular request she is living
    >with her parents with my child and used to
    >blackmail me socially/economically/mentally and
    >now legally also.

    Ignorance of Law and lack of social awareness is the biggest problem facing Indian men

    We all suffer today because a few years ago, we ourselves as youngsters DID NOT FIGHT AGAINST, did not do road rokos and morchas against the rampant rise of radical feminism in India

    Over the last 20 + years feminists have been fighting, fighting against Men, fighting against women who support men, fighting with FALSE statistics of dowry deaths and cheating husbands running away overseas and so on

    Now they have armed themselves with laws that are TOTALLY ONE SIDED and still majority of the men continue to pity women .....

    ...... and the sad part is that well educated men are also in the same boat, worried about their DAILY LIFE rather than the larger canvass, the society ... the family ... the well being of MEN tomorrow

    Even in the internet Era, we (a group of husbands hit by dowry law), have repeatedly written about misuse. No one cares till it is rather serious

    ref Blog post titled : Wake up !! or else your son may be the NEXT target !!!
    http://bareact.blogspot.com/2007/01/wake-up-or-else-your-son-may-be-next.html
    or http://tinyurl.com/37n5tv

    I hardly get comments of support even while writing these !!

    Having said all the above, let me continue with some specific comments to your mail. please read below


    Prove that she deserted you and you did NOT throw her out

    >Since last two year we are
    >not living together and even dont have any
    >telephonic conversation as i was totally
    >frustrated with the behaviour of my Wife and
    >inlaws.
    >

    Do you have any proof that she left willfully ? for e.g. did you send her letters by registered post or courier with ack. due, requesting her to come back ?? I am NOT sure if you understand this but let me tell you, MOST unscrupulous WOMAN turn up at police stations and claim that their hubbies have DESERTED THEM and run away abroad.

    do NOT worry if you do NOT have such proof, but I am taking the time to explain the situation to you

    These false complaints of desertion are compounded by myriad FALSE news paper reports which claim that NRI hubbies have deserted Indian women... again .... MEN DO NOT FIGHT such false reports

    Just search THIS MONTHS news alone and you will get multiple URL and some from Punjab as well of such cases . I am posting just three of them below for sake of brevity


    Cells to redress plight of women deserted by NRI husbands
    http://timesofindia.indiatimes.com/India/Cells_to_redress_plight_of_women_deserted_by_NRI_husbands/articleshow/2057446.cms
    or
    http://tinyurl.com/2h8ygm



    Non Reliable Indian grooms under vigil
    http://www.saharasamay.com/samayhtml/articles.aspx?newsid=74505
    or
    http://tinyurl.com/23wca7



    Cells for Non Reliable Indian husbands soon
    http://www.saharasamay.com/samayhtml/Articles.aspx?NewsId=75597
    or
    http://tinyurl.com/272gcr


    Give up Fear

    >At present i am in (abroad) since last three
    >months and pursuing ____ __________
    >__________ fully funded by _____________
    >When she came to know about this she just
    >lodged a FIR in women Cell, _____ against
    >all my family members including me also. Now
    >guide me what i should do. She just want to
    >spoil my career.
    >

    First. Give up fear

    Indians have fought against British cannons and mughal invaders

    I'm totally surprised that you should start shivering ...that too for a false case

    Counter her complaint

    Here are some simple steps on what to do

    1. Get a lawyer in _in_your_hometown_

    2. Get that lawyer to approach the CAW cell and get a copy of the complaint. Do NOT tell him that you cannot come back..., that your entire life is in danger ...blah blah blah ....

    3. some one has lodged a false case, get a copy of that complaint AND APPLY FOR BAIL FOR ALL THOSE IN INDIA

    4. Thanks to the activities of the Save Indian family foundation and 498a org etc even judges are fully aware of the misuse of DOWRY LAW and FALSE complaints by women

    5. So DO NOT PANIC...DO NOT. FULL STOP ....

    6. APPLY FOR A BAIL. FREEDOM IS YOUR BIRTH RIGHT AS YOU ARE INNOCENT.
    Read case laws where courts have granted bail. One of them is posted here
    http://vinayak.jconserv.net/viewtopic.php?t=24


    7. Read about the law, read more and more about the ground realities and update yourself of the ground realities



    >My (Education / Job) if for ___years and
    >i wants to finish it at any cost /stay abroad
    >in any condition as i really worked very hard
    >to earn this _______________.
    >

    Every man has two responsibilities. One personal and other social. I do NOT have to tell you, the importance of his social responsibility.

    I am really impressed by your personal achievements. I am sure you are ready to serve the society as well.

    Since this is our first mail / interaction and we do NOT know each other much I am eagerly awaiting your reply on how you wish to serve the society

    >Is there any chances of cancellation of my
    >_______________ and go back to India,
    >

    NIL....IF YOU FIGHT BACK

    So, bottom-line is, ".. Never run away .."

    Never give them a chance to prove that you are a deserter

    >In any case i does not want to continue the
    >relationship with her due to some reasons which
    >are unexplainable.
    >
    >I need a divorce.
    >

    DO NOT .....DO NOT file for divorce

    Read here for why ?
    http://bareact.blogspot.com/2006/12/divorce-why-now.html
    or
    http://tinyurl.com/y6a4cj


    >I have not taken any thing from her stri dhan
    >every thing is in her custody including our
    >family Jewellary but i am not worried about
    >that.
    >My main concern is towards my Family members
    >what should be next course of action from our
    >side as the woman cell has issued a notice to
    >appear on ___ / _____. My father is a govt.
    >employee, me also and ___ youngerbrothers
    >pursuing their studies. It is also a matter of
    >their future. So kindly guide me.
    >

    GET A BAIL FOR YOUR PARENTS

    THEY SHOULD NOT GET HIT IN THE CROSS FIRE

    READ MORE BELOW

    Bail / anticipatory bail
    ----------------------------------------------------

    When a complaint has been made and registered in police, CAW cell etc. try to get the copy and apply for Anticipatory bail, [file for court notice for protection or stay of arrest] whatever applicable as per your state

    At any cost you or your family member(s) should not surrender to police

    Once you are able to get the bail , THE OPPOSITE PARTY will be under pressure.

    The opponent's very tactic is to arrest you. As you are innocent and in most cases you may not have even stepped into a police station you will be shocked.

    They will try to use this shock to ill treat you, wreck vengeance or extract money from you

    STAY COOL !! STAY FOCUSED. Get an anticipatory bail - IF the case is already filed. Once you are free and out you can fight your honest case

    Always ask the bail for family members first (except husband) .

    Once the same achieved , then apply for the bail for husband in lower court , lower court will may reject it , move to session court ( may reject it ) , move to high court ( may reject it ) , then move to supreme court , we are here to help you out.

    Normally at the High court level itself you should be in a position to get a bail. The HC know that the Supreme Court Judges are not fools.

    Even In case of TADA/POTA people get bail, this is just a family dispute - so DO NOT panic

    While these procedures might seem costly it is nothing compared to paying ransom to an un scrupulous female who tries to arrest you



    >Right now i dont have any telephone no., but
    >kindly give me your contact no. so that my
    >family members can contact you in India / USA
    >

    I have given ALL INDIAN and US help line nos at the end of my mail


    >How long it will take to get rid of that
    >greedy lady.
    >
    >Should i file a divorce case.
    >

    In this game, haste is waste

    DO NOT .....DO NOT file for divorce

    Read here for why ?
    http://bareact.blogspot.com/2006/12/divorce-why-now.html
    or
    http://tinyurl.com/y6a4cj



    >But my first priority is of well being of my
    >family and tension free continuous study.
    >
    >Can _________ stop my funding on just her
    >complained.
    >

    AS I SAID EARLIER, NIL IF YOU FIGHT BACK

    This is a fight of good vs evil. Every fight counts

    Countless men have won this battle

    Many more have run away and are living in shame

    You choose ....



    >These are very much question due to which i
    >cannot sleep. my whole career is on the stake.
    >
    >Please guide me.
    >
    >Thanking you
    >
    >Yours Truly
    >NRI Hubby
    >
    >
    >

    I am also copying this mail to some of our dedicated volunteers


    HELP LINE NOS
    ----------------------


    All India Helpline Number: 91-92434 73794 (24 Hours)
    alternate Nos : 91-9810611534 or 91-80-65334135

    Volunteer Helpline Numbers (limited contact hours)
    Also at : http://tinyurl.com/2dewon
    ----------------------------------------------------------------------------------------

    _in_your_hometown_: 9911119113, 9810611534, 9891369616 (Rajeev)

    Kanpur (and U.P.): 09335014984 (Aanand), 09935239764 (Lt.Col.(Retd.) C.S.Khandelwal)

    Calcutta:
    Mr. Vineet Ruia - 033-25347398 , 033-25217318 - 8:30 to 10 PM ONLY
    Mr. Kamlesh K Dwivedi - 9231835462
    Mr. D.S.Rao - 9830151555
    Mr. Suman Chatterjee - 9830927619

    Bangalore:
    *Asha Kiran*, 1252/6, P.M. Lakshmia Layout,
    Magdi Cord Road Layout , 1 st Main, Vijay Nagar.
    Bangalore 560 040.
    Helpline: 91-80-65334135
    Mobile : 9845986250

    Mumbai: 9869323538 (Guptaji) / (helpline) 9224335577
    Ahmedabad: 9898989884
    Gujrat: 09825365816

    Hyderabad :
    Prasad : (9848280354) kollud@yahoo.com (Miyapur, Hyderabad)
    Prakash: (9948504037) victim498a@gmail.com (BHEL, Hyderabad)
    Pavan Kumar: (9985858729) yangaldaspk@yahoo.com (Hyderabad)
    Dr. Sreedhar: (9908578457) ameresree@yahoo.com (Secunderabad)

    Jaipur: 09352562456
    Nasik: 9371988132

    United States (USA): 650-430-9544, 612-812-4340 (Avro, call between 10PM to midnight Eastern )


    Please note this help / service is based on a self help concept. We share our experiences here. We do NOT just advise you TO take one path or another. DECISIONS are yours, but we suggest some ideas based on our experience.

    If you wish to get maximum benefit from writing to us, It is also IMPORTANT THAT YOU READ AND UNDERSTAND the law with us.

    You may also join the following groups, read the archives, post your queries and seek clarifications. [Please note that the yahoo groups are OPEN forum and so take care of confidentiality]

    http://groups.yahoo.com/group/saveindiansociety/
    http://groups.yahoo.com/group/saveindianfamily/



    More after hearing from you


    regards, vinayak

    My post above is Subject to
    ----------------------------
    1. My idea of *self help* which is very essential : http://tinyurl.com/pxcfz
    2. Standard disclaimers as in http://tinyurl.com/947u9
    3. A short preamble : http://tinyurl.com/hatew

    Dowry Law Misuse : http://tinyurl.com/tdkx6 , http://tinyurl.com/v5vp8

    Groups :

    http://groups.google.com/group/MatriSuggest
    http://groups.google.com/group/SIFsuggest


    Blogs :

    http://bareact.blogspot.com/2006/12/divorce-why-now.html
    http://tinyurl.com/2tb3s7
    http://tinyurl.com/2dkub4
    http://tinyurl.com/23xppp

    http://vinayak.jconserv.net/index.php

    http://www.bloglines.com/blog/eVinayak
    http://bareact.blogspot.com/
    http://my2cw.blogspot.com/
    http://o3.indiatimes.com/mera/
    http://www.blurty.com/users/vinayak/

    Seek advise : All India contact Nos : http://tinyurl.com/vntjz

    >
    >----- Original Message ----
    >From: "address_changed@yahoo.co.in"
    >
    >To: e_vinayak@yahoo.com
    >Sent: Sunday, May 27, 2007 1:58:46 AM
    >Subject: Advice Please - NRI Hubby -
    >
    >Name: NRI Hubby
    >Email: address_changed@yahoo.co.in
    >Hear about us: GoogleSearch
    >498A Registered: NO
    >498A Place:
    >498A Date:
    >Any Other IPCs:
    >Relatives Accused:
    >Jailed Days: NO
    >Stage of Case: inWomenCell
    >Spent Money on 498A:
    >Lived in joint Family: NO
    >Marriage Date: _______ 2003
    >Wife Age:
    >Wife's Education Level: ____
    >Wife works (earns)?: works
    >Filed for Divorce: NO
    >Have children: YES
    >Living With Wife: NO
    >Negotiating with Wife: NO
    >Took her Stridhan Back: YES
    >She had Any Medical Problems: NO
    >Willing to Help other Victims: YES
    >Ready for TV/Press Interivew : YES
    >Contact No:
    >Comments:
    >
    >We have lot of disputes since our marriage.
    >
    >despite of our regular request she is living
    >with her parents with my child and used to
    >blackmail me socially/economically/mentally and
    >now legally also. Since last two year we are
    >not living together and even dont have any
    >telephonic conversation as i was totally
    >frustrated with the behaviour of my Wife and
    >inlaws.
    >
    >At present i am in (abroad) since last three
    >months and pursuing ____ __________
    >__________ fully funded by _____________
    >When she came to know about this she just
    >lodged a FIR in women Cell, _____ against
    >all my family members including me also. Now
    >guide me what i should do. She just want to
    >spoil my career.
    >
    >
    >My Ph.D is of ___ years and i wants to finish it
    >in any condition as i really worked very hard
    >to earn this _______________.
    >
    >Is there any chances of cancellation of my
    >_______________ and go back to India,
    >
    >In any case i does not want to continue the
    >relationship with her due to some reasons which
    >are unexplainable.
    >
    >I need a divorce.
    >
    >I have not taken any thing from her stri dhan
    >every thing is in her custody including our
    >family Jewellary but i am not worried about
    >that.
    >
    >My main concern is towards my Family members
    >what should be next course of action from our
    >side as the woman cell has issued a notice to
    >appear on ___ / _____. My father is a govt.
    >employee, me also and ___ youngerbrothers
    >pursuing their studies. It is also a matter of
    >their future. So kindly guide me.
    >
    >Right now i dont have any telephone no., but
    >kindly give me your contact no. so that my
    >family members can contact you in India / USA
    >
    >
    >How long it will take to get rid of that
    >greedy lady.
    >
    >Should i file a divorce case.
    >
    >But my first priority is of well being of my
    >family and tension free continuos study.
    >
    >Can _____ stop my funding on just her
    >complained.
    >
    >These are very much quetion due to which i
    >cannot sleep. my whole career is on the stake.
    >
    >Please guide me.
    >
    >Thanking you
    >
    >Yours Truly
    >NRI Hubby
    >
    >
    >
    Wednesday, May 23rd, 2007
    12:03 pm
    Open the Pandora's box !!

    Open the Pandora's box !!



    ‘Domestic violence could be both physical & emotional’

    Blogger's comments : Who defines what is emotional violence ? Who sets the boundaries ? each and every judge will start interpreting "emotional abuse" in his / her own way and we will have utter confusion. Is a joke an emotional abuse, Is a jibe an emotional abuse ? Is a genuine decision to move away from a NON WORKING relationship emotional abuse ? who draws the line and where ?

    ========= news item ===========

    New Delhi: Amitava Mukherjee, the first person to be indicted under the new Domestic Violence Act, said he has been happily married for the last 25 years, while casting aspersions on the character of the complainant.

    He said that he had kept his wife and family posted about the constant harassment he faced at the hands of the woman who followed him everywhere.

    After hearing both sides and scrutinising the evidence, the magistrate confirmed that the woman and Mukherjee had a live-in relationship that came under the purview of the Domestic Violence Act.

    He said: ``From the perusal of documents placed on record, the petitioner and the respondent have lived in a rented room in tourist hostelcum-programme centre, Jai Singh Road, New Delhi, as well as in Bangkok. It is my considered view that petitioner as well as respondent lived together in a shared household.''

    Terming that domestic violence could be physical as well as emotional, the magistrate said: ``The petitioner has stated in her petition that the respondent has admitted her as his wife and applied `sindoor' in her `maang'. This is emotional abuse by the respondent towards the petitioner.'' ``From the material placed on record, it is my considered view that petitioner is subjected to domestic violence as defined under Section 3 of the Act,'' the magistrate said in his 11-page order.

    On the compensation, he said: ``Keeping in view the facts and circumstances of the case and social status of both the parties, I deem it appropriate to grant Rs 75,000 for food, clothes, medicines and other basic necessities and further household expenses as Rs 50,000 and other miscellaneous as Rs 25,000.''

    Mukherjee has the option of complying with the magistrate's order or going on appeal before a higher court.

    http://timesofindia.indiatimes.com/India/Domestic_violence_could_be_both_physical__emotional/articleshow/2067927.cms

    or

    http://tinyurl.com/2zn9dy

    ======== end of news item ============
    11:22 am
    Liabilities for the man and relief for the woman !!!

    Liabilities for the man and relief for the woman !!!



    Blogger's comments : Does the Domestic Violence act spell additional doom for men in India ?. This act provides relief ONLY to the women. No reliefs are provided for men. What about men who get cheated ? what about women who blackmail men ? Who will bell those cats ?


    ==============News item ================

    Man fined for abuse of live-in partner.
    First-Ever Ruling Under New Domestic Violence Act
    News item by Dhananjay Mahapatra & Abhinav Garg | TNN

    New Delhi: The first-ever ruling came recently under the new Domestic Violence Act asking the man to pay a Rs 1.5 lakh compensation to his livein partner for walking out on her after holding out hopes of marriage.

    This ruling, delivered by city magistrate Jagdish Kumar last week, is on grounds of emotional violence, not physical abuse. It also marks the legal recognition of a certain responsibility in relationships too as it deals with a live-in arrangement between two adults.

    The new Act provides for civil liabilities for the man and relief to the woman abused — physically or emotionally — during the time they lived together. While this is aimed at guarding the woman against gender vulnerability, some legal experts also believe that it may tilt the balance unfairly against the man as it could open him up to prosecution if he walks out of a soured livein relationship.

    The case relating to magistrate Jagdish Kumar's ruling is this.

    The lady stated in her complaint that she came in contact with Amitava Mukherjee in 1999 when he was working as the country director of Action Aid India. In January-February 2003, Mukherjee offered her an assignment with UNESCAP while making her believe that he was no longer living with his wife and had already sought to annul his marriage. Towards the end of April 2003, she was asked to move to Bangkok and work for UNESCAP.

    Around May 2003, Mukherjee invited her to stay with him. Believing that he has separated from his wife, she started living with him, the woman said in her complaint filed through counsel Aparna Bhat. She also talked about her pregnancy and the ``deceitful manner'' in which he made her drink some medicine for abortion, which led to first signs of strain in their relationship.

    Mukherjee, on one pretext or the other, avoided marrying her and after three years into the live-in relationship walked out of it. The complainant alleged that on October 26 last year, when she was visiting Delhi, she got a call from him, saying that he has vacated the Bangkok house and shifted their belongings to another house but did not divulge its address.

    Mukherjee, defending himself, denied every allegation and termed the complaint as a tactic to blackmail him and extort money.

    BREACH OF TRUST

    The complainant says Amitava Mukherjee, claiming to be separated from his wife, invited her to stay with him

    He avoids marrying her and after three years, walks out of the live-in relationship

    Magistrate says Mukherjee's volte-face after putting `sindoor' in her `maang' means emotional abuse

    http://timesofindia.indiatimes.com/Man_fined_for_abuse_of_live-in_partner/articleshow/2067990.cms

    or

    http://tinyurl.com/2a45ev
    Sunday, May 20th, 2007
    10:28 am
    An Elderly Pious Woman kills herself due to False dowry case threats

    An Elderly Pious Woman kills herself due to False dowry case threats



    When my son finally went to canada, she [Daughter in law] went to her parent's house and threatened to register a case of dowry against us. My son tried his best to cool down things. But he was threatened with such dire consequences that he returned home".

    ......... son went straight to his in-laws house in Chandigarh where he was forced to part with the passport.........


    Harassed by bahu, saas kills herself
    http://www.tribuneindia.com/2007/20070519/ldh1.htm#5

    Jupinderjit Singh
    Tribune News Service

    Ludhiana, May 18

    Women committing suicide due to troublesome mothers-in-law is often heard, but an aged woman of Urban Estate, Dugri, today jumped to death before a running train allegedly due to harassment from daughter-in-law. The woman claimed in a suicide note that she could not bear the harassment at the hands of her daughter-in-law and her relatives any longer and hence was ending her life.

    On the basis of the two-page suicide note, filled with heart rending tale of woes of victim Dilip Gandhi, the Government Railway Police booked her daughter-in-law Sonia Gandhi, Sonia's mother Harinder Sethi and sister Chhina Walia for abetting Dilip to commit suicide under sections 306, 34 of the IPC.

    All accused live in Chandigarh. Sonia is the daughter of a retired Superintendent of Police M.S. Sethi.

    Interestingly, the main reason behind the dispute between the family members was the immigration of Sonia's husband Gursharan Singh Gandhi to Canada. Sonia and other accused were allegedly vehemently against Gursharan's move.

    The victim says in the suicide note that Sonia and other accused allegedly opposed Gursharan's immigration to such an extent that he was forced to return to India after spending a few weeks in Canada. He had managed to go abroad after a six-year wait. Once back home, the in-laws forcibly took his passport and other documents away.

    Additional SHO, GRP, Harbans Singh said the woman jumped before the Ludhiana-Jakhal train around 5:30 am today. The police later recovered the suicide note, which revealed her identity. He said no arrest had been made so far.

    The suicide note revealed that the victim was quite religious. She began the note offering prayers to Sikh gurus and tendering an apology for ending her life, given to her by the almighty.

    She wrote: "She had no other option as the harassment by the daughter-in-law and other accused was driving them mad". She said her son was married to Sonia 10 years ago. They had a daughter from the marriage. Her son managed immigration after much effort but Sonia always opposed his decision.

    When my son finally went to canada, she went to her parent's house and threatened to register a case of dowry against us. My son tried his best to cool down things. But he was threatened with such dire consequences that he returned home".

    She further claimed that her son went straight to his in-laws house in Chandigarh where he was forced to part with the passport. Later, he took a Rs 9,000 per month job with the Guru Gobind Singh Study Circle.

    This money was insufficient for the family and there was no compromise by the accused. The accused then humiliated her in public by levelling cheap allegations, which she could not bear and decided to end her life.
    Wednesday, May 16th, 2007
    3:52 pm
    Engineer, parents held for [alleged ?] dowry death in Ghaziabad

    Comments from the Blogger :

    I agree that Dowry is bad. It IS evil. I have NO sympathy for the dowry taker OR the Giver

    But how do we tolerate completely one sided news ??

    The Husband and family are suspected in a murder, while they MAY HAVE BEEN completely unaware of it.

    The news item below or the ORIGINAL headline on Express India site state nothing about the accused's [husband's] version.

    Some how media in India fail to give the accused's view thereby converting such news into "trail by media". The sadder part is that they seem to be getting away with it

    Looks like the police are in a great hurry to nab everyone. Luckily a 16 month old kid is still spared, but police seem to be looking out for the kid's sole caretaker





    Engineer, parents held for [alleged ?] dowry death in Ghaziabad

    http://cities.expressindia.com/fullstory.php?newsid=236313


    Neeraj Chauhan

    Ghaziabad, May 14:

    AN engineer and his parents have been arrested after the dismembered body of the former’s wife was found near the railway track at Razapur crossing here last Thursday. It is believed that the victim, Shobhana Singh (25), was killed for dowry.

    Dhimant Singh Rawat, 27, is an engineer in a private firm while his father Balwant Singh Rawat is a manager at a fibreglass factory. Dhimant’s mother Madhur has also been arrested but his sister Madhuri is at large. She is thought to have Dhimant’s 16-month-old son Anant with her.

    Dhimant and his parents have been arrested on the basis of a police complaint by Shobhana’s father Subhash Chand Singh, who owns an inverter and generator factory in Bahadurgarh. The Singhs were told last Thursday that Shobhana was missing and were informed the following day that she had committed suicide.

    “They told us that our daughter is missing since May 10 evening but when we reached their house, they were relaxed and having dinner,” said Pramod Singh, Shobhana’s uncle and a resident of Sharjah in the UAE. “We had given them Rs 10 lakh cash, half kg gold and a Santro car but they harassed her from day one,” he added.

    Singh went on to say that the Rawats would criticise Shobhana over everything, including the way she walked. Shobhana, a B.Com graduate from Shyama Prasad Mukherjee College in Delhi University, married Dhimant on February 15, 2004. The match was arranged by a family friend in Kanpur.

    Shobhana’s school friend Varsha Sonany adds: “She was never allowed to talk to anyone and not allowed to go out alone. We met only once after her marriage but she used to share her worries with me only. She was in pain.” Varsha said Shobhana never complained to her parents as she did not want to embarrass them.

    Shobhana’s family stays in Sector 6 at Bahadurgarh. Her brother Vikram is doing his graduation from Hansraj College in Delhi University while Shobhana was doing her M. Com from Himachal University. The Singhs belong to Jaunpur and live in a kothi on a 500 sq yards plot at Kavi Nagar. Dhimant and his sister Madhuri have studied from Delhi Public School, Ghaziabad.
    3:36 pm
    When the police are on the receiving end !! : Inspector held for dowry harassment

    News from "The Hindu"

    Inspector held for dowry harassment

    Staff Reporter

    BANGALORE: The Vijayanagar police on Monday arrested Fraser Town Police Inspector N. Srinidhi on the charge of torturing his wife for more dowry.

    The police have also arrested Srinidhi's mother, Jayalakshamma, and brother, Sreenivasa.

    On a complaint by Srinidhi's wife, Jyothishree, the Vijayanagar police registered a case against the three under the Section 498-A of the Indian Penal Code (husband or relative of the husband of a woman subjecting her to cruelty) and also under the Dowry Prohibition Act, Deputy Commissioner of Police (West) K.V. Sharathchandra said.

    In her complaint, Ms. Jyothishree has said that her husband was torturing her for a dowry of Rs. 5 lakh. Besides, he was allegedly beating her on the instigation of his mother.

    Ms. Jyothishree, who is admitted to hospital, has complained that her husband assaulted her on Saturday as she had not polished his shoes and kept his uniform ready.


    http://www.hindu.com/2007/05/15/stories/2007051518710300.htm
    3:10 pm
    Husband Seeks Maintenance
    Husband seeks maintenance

    16 May, 2007 l 0027 hrs ISTlDhananjay Mahapatra /TIMES NEWS NETWORK

    NEW DELHI: Section 125 of the Criminal Procedure Code has frequently been used by courts to ask men to pay maintenance to wives, children or parents dumped by them.

    A petition in the Supreme Court seeks a role reversal — a man wants maintenance from his doctor wife who allegedly deserted him at a time when he was jobless.

    The Hindu Marriage Act does allow for the payment of maintenance to separated and divorced males who have no means to support themselves and whose estranged partners are better off. But Section 125 of has seldom been used for the purpose.

    Interestingly, while invoking Section 125, petitioner Pravinkumar Jayantilal Nagrecha also blames his plight on the misuse of the very provision by his wife.

    It was in 2002 that a Rajkot court directed Nagrecha to pay a monthly maintenance of Rs 1,000 to his wife and daughter even though she is working as a doctor. This order was upheld by the high court and the apex court, his counsel H A Raichura said.

    He said the petitioner was sacked by Reliance in 2002, as he had to take frequent leave to attend as many as 15 court cases in three cities filed against him by his wife.

    Seeking to get 'relief' under Section 125, the petitioner said the apex court should interpret the law in such a manner that destitute husbands could also get maintenance if their working wives had left, leaving them in penury.

    If the law isn't interpreted in this way, Section 125 could fall foul of the mandate of the Constitution which prohibits discrimination on the grounds of sex — in other words, between husband and wife — the petitioner said.
    Sunday, May 13th, 2007
    11:54 am
    Verdict from People of Delhi : DV is being and will be misused !!!!
    Friends

    This is my open letter to the Editor of "The Hindu". I am sending this to thehindu@vsnl.com and letters@thehindu.co.in

    Please blog my open letter wherever possible.

    Also forward this to thehindu@vsnl.com AND OTHER MEDIA PEOPLE, editors immediately.

    You may use your name if you so wish to and I hold NO copyrights or warranties for this letter

    ================== Open letter to The Hindu ===================

    From

    Vinayak
    Tamil Nadu
    India - 610001


    To
    The Editor
    The Hindu,
    859\860 Anna Salai,
    Chennai - 600 002


    Dear Editor

    This has reference to your news item at
    http://www.hindu.com/2007/05/12/stories/2007051219930300.htm
    on the DV act

    Your news paper is known for accuracy in reporting and high standards. Please do NOT associate your name with casual researchers who have NOT understood ground realities. Your news paper should NOT be misleading your readers.

    The researcher in the above article claims "Delhiites continue to have misconceptions about the law" and goes on to state that people in Delhi are worried about the Misuse of DV [Domestic Violence Act] act

    This researcher has drawn completely wrong conclusions while the public at large are right in concluding that Domestic Violence act is being and will be misused.

    The Indian family is the bedrock of our traditions and continuity since vedic times. Since time immemorial our families have ensured the continuation of our scriptures and traditions. Vedas and prabhandhams and thirumarais and thiruvaimozi passed from father to son. Our culture passed from mother to daughter.

    Rama was always revereared WITH Sita, Lakmana, Bharatha, Chatruguna and Hanuman.

    All this being challenged by Ultra feminist and male hating agenda which has led to the gender biased, wife supporting legislation like the DV act

    Even before the DV act was promulgated, section 498A of IPC was grossly misused

    I am sure that eminent speakers like Cho N Ramaswamy, eminent Jurists like the Honbl. Shri Markandeya Katju, the Supreme court of India and others have spoken against the gross misuse of the Section 498A of IPC - also dubbed as false dwory cases

    While false dowry cases are piling in court corridors, the DV act is another draconian law, which

    - allows ONLY women to file complaints

    - makes ONLY men punishable (by virtue of being defendants)

    and completely ignores the fundamental righs guaranteed to all citizens, be it men, be it elderly parents of men or their siblings

    [...there are many more anomalies in this hasty and shoddy piece of legislation.....]

    I urge you immediately remove such "snake oil" from your august pages and also publish a corrigendum immediately dis associating yourself from such spurious reports and self styled researches


    Regards
    Vinayak
    May 13th 2007

    ================== news item on The Hindu ========================


    http://www.hindu.com/2007/05/12/stories/2007051219930300.htm

    New Delhi

    Focus on Protection of Women from Violence Act

    P. Anima

    `Delhiites continue to have misconceptions about the law'


    NEW DELHI: More than a year after the Protection of Women from Domestic Violence Act (PWDVA) was passed by Parliament, Delhiites continue to have misconceptions about the law, with most of them believing the Act is going to be rampantly misused, reveals a new study by the Centre for Media Studies (CMS), a research organisation here in the Capital.

    The latest study on "Knowledge and awareness on Domestic Violence and Protection of Women from Domestic Violence Act, 2005" was conducted to gauge general public knowledge and awareness about the PWDVA among the people of Delhi and some districts of Punjab.

    More than 50.7 per cent of the 513 people interviewed in Delhi for the in-house study said they had heard about the Act. But while 46.6 per cent of them understood domestic violence to be lack of understanding between husband and wife, some confused it with property disputes or conflicts in the husband's family. "It is the crux of the Act that people have failed to understand," said senior researcher Chittaranjan Mishra who co-ordinated the study, completed a week ago.

    "There are a number of civil measures in the Act that complement the existing criminal aspects," he added.

    The thrust of Act that seeks correction of the perpetrator's behaviour more than punitive measures is lost on the people. Though more than 80 per cent of the respondents have heard, seen or were aware of domestic violence, according to them a significant number of victims (25.4 per cent) did not approach anyone for help, while a few others turned to friends and relatives.

    Though 42.5 per cent of the victims approached the police, 421 respondents said that in 50.6 per cent of the cases no action was taken against the perpetrators. Interestingly, the study points out that the primary reason for inaction was mutual compromise arrived at by the parties concerned.

    Mutual compromise was arrived at in more that 50 per cent cases and money was used in 16.9 per cent instances to withdraw the case.

    Significantly, the respondents felt women belonging to the upper class were most likely to make use of the Act, in contrast to women of lower and middle classes.

    But a whopping 60.8 per cent of the respondents in Delhi believed that the Act would be rampantly misused.

    A large section of them (59.9 per cent) believed the Act would be misused intentionally.


    ==================================================================
    10:59 am
    Husband burnt by wife and in-laws
    http://www.tribuneindia.com/2007/20070511/region.htm


    Husband burnt by wife and in-laws :




    A man was set ablaze by his wife, mother-in-law and brothers-in-law at Kasba Mohalla, Dasuya yesterday.

    According to the police, Harmesh Kumar (35) son of Surinder Kumar of Kasba Mohalla, alleged that his wife Shama alias Umma, mother-in-law Kanta, brother-in-law Vinod Kumar and Mintu, cousin brother of his wife, all of Jhangia, sprinkled kerosene on him while he was taking rest on a cot at his house and set him ablaze.

    He was seriously burnt and was admitted in Civil Hospital, Dasuya where his condition is critical.
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