Thursday, May 13, 2010

Judgement Order For Case : Filing false case against in-laws is cruelty: HC

http://bombayhighcourt.nic.in/data/judgements/2010/CFCA305707.pdf

Filing false case against in-laws is cruelty: HC

http://timesofindia.indiatimes.com/city/mumbai/Filing-false-case-against-in-laws-is-cruelty-HC/articleshow/5823233.cms

MUMBAI: Filing a false criminal case against the husband and in-laws for harassment amounts to cruelty and is ground for divorce, the Bombay high court. "Humiliation... that is caused on account of arrest and detention of appellant and his family members and relatives in a false case does constitute mental cruelty to enable the husband to seek decree of divorce on this sole ground," said a division bench of Justices A P Deshpande and R P Sondurbaldota while granting divorce to a Pune resident. Dyanesh Soparkar and Lata (names changed) had an arranged marriage in March 2001 as per Hindu rites and they have a daughter. According to Soparkar, on the wedding night itself Lata called him blind for wearing spectacles and complained that she was given to understand that he earned a higher salary than what he actually got. The couple had frequent quarrels, according to Soparkar, over his wife's insistence that they stay separately. Dyanesh filed for divorce in June 2003 and a month later Lata filed a case for dowry harassment (Section 498 A of the IPC). She named Dyanesh, his mother and three other relatives. They were arrested and sent to custody. Two years later, a magistrate's court acquitted them, saying there was no evidence that Lata's family were coerced to pay Rs 50,000 as dowry. The family court dismissed Dyanesh's plea for divorce saying that a single complaint filed by the wife could constitute cruelty. Dyanesh moved the HC in appeal. His lawyers claimed that the arrest and detention of the family members and Dyanesh's near relations in a false case "has caused him agony". The HC agreed with Dyanesh's contention. "One thing is crystal clear and it can be safely assumed that the wife had filed a false case not only against her husband and mother-in-law but had unnecessarily roped in other near relations," said the judges, adding, "It is obvious that on account of arrest and detention of the husband and his family members, Lata has treated Dyanesh with utmost mental cruelty and he has suffered agony."

Filing false case is cruelty

http://www.hindustantimes.com/Filing-false-case-is-cruelty/Article1-542468.aspx


Filing even one false criminal case against a husband or his family constitutes mental cruelty, and entitles him to divorce on that ground, the Bombay High Court has ruled.
“Embarrassment, humiliation and suffering caused on account of arrest of appellant (husband) and his family members in a false case, does constitute mental cruelty,” ruled the division bench of Justice A P Deshpande and Justice R P Sondurbaldota.
The judges also held that the husband was entitled to seek divorce solely on this ground, while reversing an order by the Pune family court, which had dismissed a divorce petition filed by a Khed resident.
He married in March 2001, but the couple lived together for only two years. A few days after she left him in May 2003, when he asked her to return, she lodged a criminal case against him, his parents and three close relatives.
The husband sought divorce on grounds of cruelty at the hands of his wife, contending that her filing a false criminal case amounted to cruelty. The family court had dismissed the petition saying: “A singular complaint filed by the wife under section 498A of IPC against the husband and his family cannot indicate she is making false allegations.”
The high court discarded the family court's opinion. “We fail to understand the logic behind the reasoning adopted by the family court,” observed the high court, adding: “It is illogical that more than one complaint needs to be filed to constitute mental cruelty.”
In another case, the same bench dissolved the marriage of another Pune-based couple, which also involved the apparent misuse of section 498A, on the same ground. In this case, they were married in December 2000, and the husband's relatives were acquitted of the charge of cruelty to the wife.
The wife did not stop at the complaint filed under 498A - she filed another complaint in a local court after the husband and his family were acquitted in the first case. The second case also resulted in an acquittal.
The high court inferred that the wife had filed the criminal cases only with a view to harass the husband and his family. “The said criminal cases, which ultimately ended in acquittal, must have caused utmost mental cruelty to the husband," the judges observed.

Wednesday, April 28, 2010

Harassed hubby opts for jail!!! What a rediculous Society we are living-in??? Shame on wives!!!!

http://www.deccanchronicle.com/chennai/harassed-hubby-opts-jail-656

April 26: A 42-year-old man deliberately got himself arrested on Sunday to escape his wife’s torture. The man, Selvam, got drunk and threw stones at an MTC bus in Vyasarpadi and waited for the police to arrest him.
He told the police that he was unable to bear the torture of his wife and preferred jail to home. On Monday, he pleaded with the police not to send him back home and made sure that he was remanded for 15 days.
Selvam, a casual labourer of Kakkanji Nagar, in Vyasarpadi, and his wife Govindammal (39), who have two children, argued often. Though initially Govindammal used to go away to her maternal home after the quarrel, she then got into the habit of beating him up. Sometimes she bashed him up for no reason at all, explained the police.
After one such ‘bashing up’ early on Sunday morning, Selvam had a few rounds before going to the Sharma Nagar bus stop and threw two huge stones at an MTC bus going into the depot. The enraged driver drove to the local police station and lodged a complaint.
After he was arrested, Selvam broke into tears during questioning. He told the police about the harassment he was going through and at one point threatened to kill himself if he was not arrested. “So, we were left with no choice,” police said.

Monday, April 26, 2010

Filing false case against in-laws is cruelty: HC

http://timesofindia.indiatimes.com/city ... 823233.cms

MUMBAI: Filing a false criminal case against the husband and in-laws for harassment amounts to cruelty and is ground for divorce, the Bombay high court. "Humiliation... that is caused on account of arrest and detention of appellant and his family members and relatives in a false case does constitute mental cruelty to enable the husband to seek decree of divorce on this sole ground," said a division bench of Justices A P Deshpande and R P Sondurbaldota while granting divorce to a Pune resident.Dyanesh Soparkar and Lata (names changed) had an arranged marriage in March 2001 as per Hindu rites and they have a daughter. According to Soparkar, on the wedding night itself Lata called him blind for wearing spectacles and complained that she was given to understand that he earned a higher salary than what he actually got. The couple had frequent quarrels, according to Soparkar, over his wife's insistence that they stay separately.Dyanesh filed for divorce in June 2003 and a month later Lata filed a case for dowry harassment (Section 498 A of the IPC). She named Dyanesh, his mother and three other relatives. They were arrested and sent to custody. Two years later, a magistrate's court acquitted them, saying there was no evidence that Lata's family were coerced to pay Rs 50,000 as dowry.The family court dismissed Dyanesh's plea for divorce saying that a single complaint filed by the wife could constitute cruelty. Dyanesh moved the HC in appeal. His lawyers claimed that the arrest and detention of the family members and Dyanesh's near relations in a false case "has caused him agony".The HC agreed with Dyanesh's contention. "One thing is crystal clear and it can be safely assumed that the wife had filed a false case not only against her husband and mother-in-law but had unnecessarily roped in other near relations," said the judges, adding, "It is obvious that on account of arrest and detention of the husband and his family members, Lata has treated Dyanesh with utmost mental cruelty and he has suffered agony."

Her wild side

http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIBG/2010/04/25&ViewMode=GIF&GZ=T&PageLabel=49&EntityId=Ar04900&AppName=1


Her wild side
Men are giving in to depression and fighting an identity crisis as women unleash their violent side, says Nona Walia
TIMES NEWS NETWORK Delhi, and he narrates how he was traumatised by his wife after she discovered he had one kidney. “She threw me out of my own house. Men in our country don’t cry and certainly never get beaten,” says the engineer, who works for an MNC in Bangalore. These are educated, well-settled and independent men. Says Kiran Bedi, former police commissioner, “These cases are not any different from what causes violence in men against women. For an aggressive woman, it’s determined by the environment she grows up in. She is an equal now. In the beginning, it may be a gradual slip. Or one she feels powerless to resist.” Every Sunday in Bangalore, Mithun Kumar, another man “abused” by his wife physically and verbally, counsels battered men. “We get five to six men every week coming to us for help. Men are petrified someone will ask, ‘Did you provoke your wife by doing something wrong?’” says Kumar, an IT professional. Adds Sarkar, “Men don’t hit back because they’re scared. Most are afraid the woman will call the police and the law will side with her.” Is it the Bobbitisation of Indian society? We all remember the story of Lorena Bobbitt, who became known as the woman who cut off her husband’s penis with a carving knife. Says Uma Challa, president of All India Men’s Welfare Association in Hyderabad, “In our research, married men commit more suicides in India. We found that 65.35 per cent men end their lives, while only 34.65 per cent married women commit suicide.” Tejinder Luthra, additional commissioner of police says, “We get allegations where the woman is the aggressor. The men are ashamed to talk about it.” But what makes women the perpetrators of domestic violence? Today’s woman is fighting on so many fronts — at office, she has to be a know-it-all and as good as the guys if not better and fight twice as hard to prove it; while socialising, she has to be modern and with it and then with in-laws and family she has to meet the role of traditional bahu and homemaker. So, the pressure cooker is bound to burst... and it does! Some nagging wives have problems in other relationships as well. Adds Kumar, “The children of these women don’t want to be with them as they live in dread of physical assault. But some women are only on a short fuse with their husbands.” It’s a challenge to preconceived ideas of gender roles where it was virtually impossible for a woman to physically abuse a man. Says Suman Nalwa, ACP, Special Police Unit for Women: “The men who report abuse are few. When we get men who are booked under the Dowry Act, they plead that they’re being harassed by their wives.” Men are confused. It’s put their identity in a crisis. Says Pinky Anand, lawyer: “As women grow financially, they want to control men. Recently, a wife slapped her husband at a party in a posh hotel in front of his friends.” The stories told by battered men are no less horrifying than those told by women. According to psychiatrist Dr Avdesh Sharma, “The tipping point comes when the women can’t be in control. Alcohol is making women aggressive. Some women remain tomboys.” It’s time men come out of the closet and get help. Simply say goodbye to shame and guilt! These men got hit too! ABRAHAM LINCOLN: According to Michael Burlingame, a history professor at Connecticut College and author of The Inner World of Abraham Lincoln, Mary Todd used to beat up Abe Lincoln. Once he didn’t put enough wood on a fire, Mary Todd hit him with a log. HUMPHREY BOGART: According to several biographies, Bogarts’ third wife, Mayo Methot, was frequently abusive to him and his friends nicknamed her ‘Slugsy’. In one incident, Bogart received a minor stab wound in the back. STEPHEN HAWKING: According to reports in 2004, Hawking’s second wife Elaine was abusive to him, which even led to him being hospitalised with a broken wrist and cuts on his face. BILL CLINTON: According to biography Hillary's Choice, by author Gail Sheehy, Hillary Clinton has attacked her husband on several occasions. In 1993, Hillary allegedly slashed Bill Clinton’s face with her long fingernails. (Facts sourced from the Internet) BOYS don’t cry, especially when they grow up into men who are hit by their women. As stories of battered men come out of the closet, it’s clear that more and more women are losing control and giving in to their wild side. Tales of rudeness, shouting and violent outbursts are more in the news. Recently, two Iranian women in Bangalore beat up a traffic cop; almost a week later, a drunk woman in Bangalore hit an auto-rickshaw driver. Take this: Men are getting punched, boxed, kicked with pointed stilettos, and even having hot coffee thrown on their faces. As women initiate assault in an intimate relationship, men become the silent victims. Says Swaroop Sarkar, co-founder of the Battered Men helpline in Delhi, “I was a victim and on the brink of committing suicide. There were days that I wouldn’t get out of bed. I almost lost my job.” But Sarkar didn’t give up. He started a helpline in Delhi, “We get 20 troubled men who come to us for help every week in Delhi itself. They just need our gentleness,” adds Sarkar, who is a textile engineer. The stories are stark but real. There’s Ravi in Bangalore, all of 31, who studied at IIT,