October 26, 2009
October 5, 2009
'Pay alimony to wife first, invest later'
Refusing to reverse the order of a family court asking Sudhir Apte, 41, to cough up Rs1,000 as maintenance for his estranged wife Rupali and their two children, the Bombay high court held that family comes before investments.
"It is not open for a husband to keep investing money in various schemes and then claim to not have sufficient money to look after the family," justice RY Ganoo said. "In my view, a person who earns by way of salary has to adjust his savings keeping in view the minimum requirements of his wife and children."
Sudhir and Rupali first separated in 1996 and Rupali sought maintenance from him under section 125 of the Criminal Procedure Code. But in 2000, the family court held that Rupali was not entitled to it.
In 2003, however, Rupali and Sudhir buried their differences and started living together with their two children. In six months, however, Rupali levelled charges of cruelty against him and started living separately with the children.
This time, Rupali urged the family court to direct Sudhir to pay the maintenance on grounds of cruelty. Taking this and Sudhir's income into account, the court directed him in January 2008 to pay Rs1,000 as monthly maintenance.
Seeking revision of the family court's decision, Sudhir contended before the Nagpur bench of the Bombay high court that the allegations of cruelty were not substantiated and he could not afford to pay Rs1,000 as maintenance.
Justice Ganoo noted that Sudhir worked as a tracer in the public works department of the state government and his contribution to his provident fund was in excess of his responsibility. The court also discarded Sudhir's argument that Rupali had her own source of income.
(Names have been changed to protect privacy)
(Names have been changed to protect privacy)
October 4, 2009
Even HC Judges confused about PWDVA
Women fight for cover under DV act
AHMEDABAD: Last year, a court asked a family in Dholka to vacate the house for the daughter-in-law, and asked all the men in the house to leave. This, after the daughter-in-law filed a complaint under the Protection of Women from Domestic Violence Act (DV Act) and demanded shelter in the house.
The court did not touch women under provisions of Section 2 (q) of the Act, which says that the law does not envisage women as respondents in proceedings. However, a year later, the Gujarat High Court is debating if action can be contemplated against women under the DV Act?
Many women who have been booked under this law, have approached the high court claiming that the law does not envisage a woman as respondent, but the magisterial courts across the state have initiated proceedings against them. They requested the high court to exonerate them in these cases.
During the hearing before Justice HN Devani, the petitioners' counsel PK Jani argued that proceedings under the DV Act can take place against adult males only. However, the issue nags every application under DV Act. He requested the high court for a judicial pronouncement to obviate conflicting decisions by lower courts in the state.
Following this request, Justice Devani admitted the petitions and ordered lower courts concerned to stay proceedings against women respondents till the final outcome of the case.
The lower courts and high courts across the country differ on this issue. The Madhya Pradesh HC has held that complaint can be filed and proceedings can be initiated against adult male persons only under DV Act. In one case, the Andhra Pradesh High Court has taken similar view that women cannot be made respondents, but in another case a division bench of the same high court took a different stand.
The division bench in AP High Court on June 2 this year concluded that the complainant under DV Act has to be a woman and if she is a wife, the female relatives of husband can be named as respondents. Thus, DV Act does not exclude women completely.
Amid such conflicting orders, the high court here has decided to settle the law for further guidance of lower courts. Further hearing is kept on October 30.
The court did not touch women under provisions of Section 2 (q) of the Act, which says that the law does not envisage women as respondents in proceedings. However, a year later, the Gujarat High Court is debating if action can be contemplated against women under the DV Act?
Many women who have been booked under this law, have approached the high court claiming that the law does not envisage a woman as respondent, but the magisterial courts across the state have initiated proceedings against them. They requested the high court to exonerate them in these cases.
During the hearing before Justice HN Devani, the petitioners' counsel PK Jani argued that proceedings under the DV Act can take place against adult males only. However, the issue nags every application under DV Act. He requested the high court for a judicial pronouncement to obviate conflicting decisions by lower courts in the state.
Following this request, Justice Devani admitted the petitions and ordered lower courts concerned to stay proceedings against women respondents till the final outcome of the case.
The lower courts and high courts across the country differ on this issue. The Madhya Pradesh HC has held that complaint can be filed and proceedings can be initiated against adult male persons only under DV Act. In one case, the Andhra Pradesh High Court has taken similar view that women cannot be made respondents, but in another case a division bench of the same high court took a different stand.
The division bench in AP High Court on June 2 this year concluded that the complainant under DV Act has to be a woman and if she is a wife, the female relatives of husband can be named as respondents. Thus, DV Act does not exclude women completely.
Amid such conflicting orders, the high court here has decided to settle the law for further guidance of lower courts. Further hearing is kept on October 30.
October 3, 2009
'Ahimsa messengers' to fight domestic abuse..
NEW DELHI: The government on Thursday launched a nationwide campaign to deal with the problem of violence against women and spread the message of non-violence.
Under the campaign, the women and child development ministry has designated 25 women from across the country as `ahimsa messengers', who will spread the message of non-violence and awareness about issues related to domestic violence.
Launching the scheme on the eve of Gandhi Jayanti, WCD minister Krishna Tirath said, "Though women constitute 48% of the population and are acknowledged as the very foundation for the development of the society and the country as a whole, the issues concerning them and abuse of their rights often remain neglected."
She said there was a need to bring to the centre stage the issue of promoting non-violence and preventing all forms of abuse and violence against women in our society through mass awareness programmes.
Prominent persons, opinion makers, panchayat leaders and NGOs shall be asked to contribute to the campaign. Various stakeholders, including police personnel and judges, will also be sensitised about the welfare and protection of women against violence in coming days.
Under the campaign, the women and child development ministry has designated 25 women from across the country as `ahimsa messengers', who will spread the message of non-violence and awareness about issues related to domestic violence.
Launching the scheme on the eve of Gandhi Jayanti, WCD minister Krishna Tirath said, "Though women constitute 48% of the population and are acknowledged as the very foundation for the development of the society and the country as a whole, the issues concerning them and abuse of their rights often remain neglected."
She said there was a need to bring to the centre stage the issue of promoting non-violence and preventing all forms of abuse and violence against women in our society through mass awareness programmes.
Prominent persons, opinion makers, panchayat leaders and NGOs shall be asked to contribute to the campaign. Various stakeholders, including police personnel and judges, will also be sensitised about the welfare and protection of women against violence in coming days.
October 2, 2009
Wife gets husband killed on honeymoon
| Press Trust of India | ||
| Munnar, Kerala, June 19: Apparently unhappy in the wedlock, a 24-year-old woman from Tamil Nadu allegedly killed her husband during their honeymoon trip to this hill station with the help of her paramour ten days after her marriage, police said today. Anantharaman (30) was strangled to death yesterday by wife Vidyalakshmi's lover Anand and his friend Anburaj in a deserted spot nearby Kundala dam, they said. Vidyalakshmi was taken into custody this morning, police said adding that Anand and Anburaj were also arrested. She was allegedly in love with Anand and conspired with him to kill Anantharaman with whom she got married only on June 7. The plan was first to kill Anantharaman at Guruvayur, where the couple had gone for worship, but were unable to carry out the plan, police said. They then reached Munnar on Saturday where Vidya accompanied her husband to the Kundala dam who was strangled to death, police said. She then raised alarm saying two persons had tried to snatch her gold ornaments and had killed her husband, police said. However, on being questioned, the woman spilled the beans, police said. | ||
Subscribe to:
Posts (Atom)