Mr.Rebates

Mr. Rebates

Saturday, March 20, 2010

She's a 11 timer

Twenty-six-year-old Kausar Begum aka Umme Kausar married eleven times, on each occasion conning her man and absconding with his money. The Mumbai police finally caught up with her in the city


April 05, 2009 at 02:35:43 AM

Don’t go by the innocent face!

Bangalore: It’s talaq in reverse, and it’s been highly profitable for this profligate woman. Twenty six-year-old Kausar Begum alias Umme Kausar alias Kausar Salma, a resident of HBR Layout, II Block, married 11 men from various Indian cities and abroad. Each time she claimed that it was her first marriage, only to dump the latest victim and, worse, fleece him subsequently using dowry harassment allegations. Finally, the law has caught up with her.

Sub Inspector V S Shelar from Sion police station in Mumbai took Salma into custody and then took her to Mumbai after producing her before the 10th Additional Chief Metropolitan Magistrate in the city.

With Syed Hasham Ahmed 

The Mumbai police action followed a complaint by Syed Hasham Ahmed, a businessman and her former husband. Police have arrested Kausar on charges of IPC 406, 420, 504, 506 R/W34, which include breach of trust, intimidation and intentional insult.

“Marriage was just a medium for Kausar and her sister Nazia Begum. Kausar has married 11 men and deserted them within a short period of time. Her family purchased a Rs 2 crore worth bungalow in HBR Layout. Where did the money come from? She even got married to a nawab of Hyderabad and he had to eke out Rs 50 lakh when she threatened to lodge a complaint against his family members,” Hasham said.


With Abdul Rafeeq alias Kutty

Police sources said that Kausar did it with the full complicity of her parents and that she was quite an expert in conning men in this fashion. What makes the case as much sinister as it is scandalous, is that Kausar reportedly is backed by a city DCP who took voluntary retirement and also a network of agents across the country and abroad. Kausar once got married to a man in Dubai whom she then ditched. She and her sister have ditched four men each in Bangalore alone, including the son of a mullah, police sources added.

MODUS OPERANDI

Hasham revealed how the trap was sprung. He was first approached by Rahmat Ulla Belt. “He is an agent and he painted a good picture of Kausar’s family, saying that what they lacked in wealth they more than compensated for with pedigree. 

“I convinced my parents and got married to her in June 2006. She started harassing me in a month’s time and one fine day she absconded with valuables. Later, her family members called me and started abusing me. Then, they got me attacked in Mumbai and I lost my little finger,” he said.

That was not the end of story. Hasham had to shell out Rs 20 lakh for a final settlement, and then despite that Kausar went ahead and filed a dowry case!

“It was at this point that I hired private investigators and gathered information about them. Kausar and her sister have lodged dowry cases on two former husbands and are claiming maintenance from them,” Hasham said. “Insallah, she has been arrested. It is a relief not only for me but for many young men who suffered at her hands,” he added.

Thursday, March 18, 2010

$5m Lottery win - day after divorce

Amazing twist of fate, one day exactly after getting divorced from Ex this man wins the lottery in England.
Indian women learn all kinds of things from Westeners but not Civility and decency, if this was an Indian women she would file 498a immediatly and DV act 2005 and any other criminal cases on Ex husband and his family, whether she wins is not the issue, she wants her pound of revenge and satifaction, and to prove how evil she really is
.


18/03/2010

A British man has won £2.3 million (NZ$4.9 million) on the lottery, just one day after finalising his divorce to his wife, media reports say.

Fifty-year-old Kevin Halstead spent last Friday with his friends after the divorce was completed before buying a lottery ticket the next day, the media reported.

"Kevin's divorce dragged on for a couple of years," the media quoted his friend as saying.

"Everything was settled on Friday so he went out and got drunk. On Saturday he decided to spend his last quid on a lottery ticket.

"He checked the papers next morning and saw he'd won half the jackpot."

But Mr Halstead said he held no ill-feelings towards his ex-wife and she was still a good friend.

"'We split up 13 years ago but we did not bother divorcing until four months ago because of our daughter," he told the Media.

"She is a very good friend. I go round and have cups of tea with her and her new partner. We have had a giggle about that this morning."

His ex-wife, 48-year-old Helen, told the media she was not upset.

"We've been separated a long time. We are the best of friends. In fact, we get on better now than when we were married. It couldn't have happened to a nicer bloke. I wish him all the luck in the world - he deserves it.

"All I'll say is I won £5 on a scratchcard on Saturday."

Mr Halstead said his first priority was to get a passport for his current partner, Josephine Jones, so that she could travel overseas for the first time.

He also wanted to buy a pony for his 14-year-old daughter Jessica.

Wednesday, March 17, 2010

Og Mandino Quotes

Here are some very motivational quotes and saying, when your down and disgusted with life, take a deep breath and read some of these very powerful quotes, take your time and read as many as you can patiently, and try to understand what they mean.


Act now. For now is all you have.


Action is the food and drink which will nourish my success.


Action will destroy your procrastination.


All men must stumble often to reach the truth.


All nature is a circle of moods and you are a part of nature and so, like


the tides, your moods will rise; your moods will fall.


All your problems, discouragements, and heartaches are, in truth, great


opportunities in disguise.


Always let your reach exceed your grasp.


Always raise your goals as soon as they are attained.


Always strive to make the next hour better than this one.


Always take another step. If that is to no avail take another, and yet


another. One step at a time is not too difficult.


Any act with practice becomes easy.


Apply all of your efforts to become the highest mountain of all and strain


your potential until it cries for mercy.


Avoid with fury the killers of time.


Bad habits must be destroyed and new furrows prepared for good seed.


Bathe me in good habits that the bad ones may drown.


Be happy.


Be hungry for success.


Be prepared to control whatever personality awakes in you each day.


Become master of yourself.


Begin now to accent your differences.


Beginning today, you can increase your accomplishments of yesterday by a


hundredfold.


Bury doubt under faith.


Cherish each hour of this day for it can never return.


Chuckle and your burdens will be lightened.


Concentrate your energy on the challenge of the moment.


Confidence will take away your fear.


Consider each obstacle as a mere detour to your goal and a challenge to your


profession.


Consider each obstacle as a mere detour to your goal.


Count your blessings today.


Cultivate the habit of laughter.


Destroy procrastination with action.


Dismember fear with confidence.


Do not allow yesterday's success to lull you into today's complacency, for


this is the great foundation of failure.


Do not be satisfied with yesterday's accomplishments or indulge in


self-praise for deeds which are too small to even acknowledge.


Do not commit the terrible crime of aiming too low.


Do not dwell on the past.


Do not judge a man on one meeting.


Do not listen to those who weep and complain, for their disease is


contagious.


Do not make vain attempts to imitate others.


Do not permit the petty happenings of today to disturb you.


Do not think of yesterday or tomorrow.


Do not waste a moment mourning yesterday's misfortunes, yesterday's defeats,


or yesterday's aches of the heart.


Drink every minute to its fill; savor its taste and give thanks.


Drive a bad habit from your life and replace it with one which will bring


you closer to success.


Each day will be triumphant only when your smiles bring forth smiles from


others.


Each failure to sell will increase your chances for success at your next


attempt.


Each frown you meet only prepares you for the smile to come.


Each minute of today will be more fruitful than the hours of yesterday.


Your last must be your best.


Each misfortune you encounter will carry in it the seed of tomorrow's good


luck.


Each nay I hear will bring me closer to the sound of yea.


Each rebuff is an opportunity to move forward; turn away from them, avoid


them and you throw away your future.


Each struggle, each defeat sharpens your skills and strengthens your courage


and your endurance.


Enjoy today's happiness today.


Failure does not course through your veins as you were not delivered into


this world in defeat.


Failure no longer will be my payment for struggle.


Failure will never overtake you if your determination to succeed is strong


enough.


For now you know one of the greatest principles of success; if you persist


long enough you will win.


Forget the happenings of the day that is gone, whether they were good or


bad, and greet the new sun with confidence that this will be the best day of


your life.


Fulfill today's duties today.


Good habits are the key to all success.


Grant me compassion for weaknesses in others.


Grasp each minute of this day with both hands and fondle it with love for


its value is beyond price.


Green grass grows where dry desert ends.


Greet the sunrise with cries of joy.


Happiness is the wine that sharpens the taste of the meal.


Have confidence that this will be the best day of your life.


I can accomplish far more than I have, and I will, for why would the miracle


which produced me end with my birth? Why can I not extend that miracle to


my deeds of today?


I consider poverty to be the mark of a lack of ability or a lack of


ambition.


I have a choice and I will not let my life be fed to swine nor will I let it


be ground under the rocks of failure and despair to be broken open and


devoured by the will of others.


I have not time to hate, only time to love.


I need not wait for I have the power to choose my own destiny.


I shall live this day as if it is my last. And if it is not, I shall fall


to my knees and give thanks.


I will acknowledge rewards for they are my due; yet I will welcome obstacles


for they are my challenge.


I will be successful.


I will command, and I will obey mine own command.


I will do the work that a failure will not do.


I will encourage my friends and they will become brothers.


I will endure sadness for it opens my soul.


I will form good habits and become their slave.


I will greet this day with love in my heart.


I will greet this day with love, and I will succeed.


I will laud mine enemies and they will become friends.


I will laugh at evil and it will die untasted.


I will look on all things with love, and I will be born again.


I will love all mankind.


I will love all manners of men for each has qualities to be admired even


though they may be hidden.


I will love myself.


I will love the ambitious for they can inspire me!


I will love the beautiful for their eyes of sadness; I will love the ugly


for their souls of peace.


I will love the failures for they can teach me.


I will love the kings for they are but human; I will love the meek for they


are divine.


I will love the rich for they are yet lonely; I will love the poor for they


are so many.


I will love the young for the faith they hold; I will love the old for the


wisdom they share.


I will persist until I succeed.


I will persist and I will win.


I will say it is done before the failure says it is too late.


I will talk when the failure remains silent.


I will think naught of my profession when I am in my home for this will


dampen my love.


I will toil and I will endure.


I will walk where the failure fears to walk.


I will welcome happiness for it enlarges my heart.


I will work when the failure seeks rest.


If all things shall pass, why should I be of concern for today ?


If I delay, success will become betrothed to another and lost to me forever.


If I have no other qualities I can succeed with love alone.


If I persist, if I continue to try, if I continue to charge forward, I will


succeed.


If I stumble I will rise, and my falls will not concern me.


If you bring joy, enthusiasm, brightness, and laughter to your customers,


they will react with joy, enthusiasm, brightness, and laughter and your


weather will produce a harvest of sales and a granary of gold for you.


If you feel depressed - sing!


If you feel fear, plunge ahead.


If you feel incompetent, remember past successes.


If you feel insignificant, remember your goals.


If you feel poverty, think of wealth to come.


If you feel sad - laugh.


If you must be a slave to habit, then be a slave to good habits.


If you persist long enough, you will win.


If you waste today, you destroy the last page of your life.


Ignore the obstacles at your feet and keep your eyes on the goals above your


head.


In setting my goals, I will consider my best performance of the past and


multiply it a hundredfold.


Increase your knowledge of mankind.


It pays to be persistent.


Just as love is my weapon to open the hearts of men, love is also my shield


to repulse the arrows of hate and the spears of anger.


Just as nature made no provision for your body to tolerate pain neither has


it made any provision for your life to suffer failure.


Keep work and family separate.


Laugh and your life will be lengthened for this is the great secret of long


life.


Laugh at goodness and it will thrive and abound.


Laugh at the world.


Laugh at your failures and they will vanish in clouds of new dreams.


Laugh at your successes and they will shrink to their true value.


Laugh at yourself for man is most comical when he takes himself too


seriously.


Leave your problems at home.


Lift up a friend in need.


Lift your arms with thanks for this priceless gift of a new day.


Live this day as if it is your last. Seal up the container of life so that


not one drop spills itself upon the sand.


Live this day as if it is your last.


Live today as if it is your last chance to prove your love and your


greatness.


Look upon each obstacle as a lesson to be learned.


Look upon misfortune as opportunity in disguise.


Love the darkness because it shows you the stars.


Love will melt all hearts like the sun whose rays soften the coldest clay.


Love yourself!


Make every hour count and trade each minute only for something of value.


Make love your greatest weapon.


Make the hours ahead priceless!


Make this day the best day of your life.


Many face each obstacle in their path with fear and doubt and consider them


as enemies, when in truth, these obstructions are friends and helpers.


Many succumb to despair and fail without realizing that they already possess


all the tools needed to acquire great wealth.


Master your emotions so that each day will be productive.


Master your moods through positive action and when you master your moods you


will control your destiny.


Meditation and prayer feeds the soul.


My desire to meet the world will overcome every fear I once knew, and I will


be happier than I ever believed it possible to be in this world of strife


and sorrow.


Nature knows not defeat.


Never allow yourself to become so important, so wise, so dignified, so


powerful, that you forget how to laugh at yourself.


Never be satisfied with yesterday's accomplishments.


Never feel shame for trying and failing for he who has never failed is he


who has never tried.


Never will I allow my heart to become small and bitter, rather I will share


it and it will grow and warm the earth.


Never will I allow my mind to be attracted to evil and despair, rather I


will uplift it with the knowledge and wisdom of the ages.


Never will I allow my soul to become complacent and satisfied, rather I will


feed it with meditation and prayer.


Never will I labor to be happy; rather will I remain too busy to be sad.


Never will I overindulge the requests of my flesh, rather I will cherish my


body with cleanliness and moderation.


Never will I scratch for excuses to gossip.


No longer shall my vocabulary include such words as cannot, unable,


impossible, and quit.


No longer will I fail to call again tomorrow on he who meets me with hate


today.


Obstacles are necessary for success.


Only a habit can subdue another habit.


Only action determines my value in the market place.


Only with laughter and happiness can I enjoy the fruits of my labor.


Only with laughter and happiness can you truly become a success.


People will always respond positively to joy and enthusiasm.


Persist and develop your skills as the mariner develops his, by learning to


ride out the wrath of each storm.


Persist with the knowledge that each failure to sell will increase your


chance for success at the next attempt.


Practice the art of patience for nature never acts in haste.


Put your uniqueness on display in the market place.


Rain cleanses the spirit.


Remember that as today's dead flower carries the seed of tomorrow's bloom so


does today's sadness carry the seed of tomorrow's joy.


Remove from your vocabulary such words and phrases as quit, cannot, unable,


impossible, out of the question, improbable, failure, unworkable, hopeless,


and retreat; for they are the words of fools.


Rewards are great if one succeeds but the rewards are great only because so


few succeed.


Seek constantly to improve your manners and graces, for they are the sugar


to which all are attracted.


Set goals for the day, the week, the month, the year, and your life.


Should you concern yourself over events which you may never witness? Should


you torment yourself with problems that may never come to pass? No!


Tomorrow lies buried with yesterday, think of it no more.


Sleep in peace for you have not failed.


Small attempts, repeated, will complete any undertaking.


Smile and your digestion will improve.


So long as I can laugh, never will I be poor.


So long as there is breath in me, that long will I persist.


Strive for happiness and peace of mind.


Strive for happiness, to be loved and to love, and most important, to


acquire peace of mind and serenity.


Strive to become better than you are.


Strong is he who forces his actions to control his thoughts.


Success comes to those willing to work a little bit harder than the rest.


Success will not wait.


Suffer me to know that all things shall pass.


The height of my goals will not hold me in awe though I may stumble often


before they are reached.


The only difference between those who have failed and those who have


succeeded lies in their habits.


The prizes of life are at the end of each journey, not near the beginning;


and it is not given to me to know how many steps are necessary in order to


reach my goal.


The problems of the market place will be left in the market place.


The slaughterhouse of failure is not my destiny.


There are good qualities in everyone.


There are lessons to be learned from failures.


There is no room in the market place for your family, nor is there room in


your home for the market.


There is not time to hate, only time to love.


This day is all you have and these hours are now your eternity. Greet this


sunrise with cries of joy as a prisoner who is reprieved from death.


This is the place.


This is the time.


This too shall pass.


Time teaches all things to him who lives forever, but I have not the luxury


of eternity.


To conquer fear I must always act without hesitation and the flutters in my


heart will vanish.


To enjoy success I must have happiness, and laughter will be the maiden who


serves me.


To multiply your value you must multiply your actions.


To surpass the deeds of others is unimportant; to surpass your own deeds is


all.


Today I begin a new life.


Today I shed my old skin which hath too long suffered the bruises of failure


and the wounds of mediocrity.


Today I will multiply my value a hundredfold.


Today I will surpass every action which I performed yesterday.


Today you will be master of your emotions.


Today, I will act.


Tomorrow is the day reserved for the labor of the lazy.


Tomorrow lies buried with yesterday.


True wealth is of the heart, not of the purse.


Try again, make one more attempt to close with victory, and if that fails,


make another.


Try, and try, and try again.


Understand and recognize the moods of others. Make allowances for their


anger and irritation for they know not the secret of controlling their


minds.


Unless you act you will perish in a life of failure, misery, and sleepless


nights.


Unless you put your skills, mind, heart, and body to good use, you will


stagnate, rot, and die.


Victory comes only after many struggles and countless defeats.


We must have the night to appreciate the day.


Weak is he who permits his thoughts to control his actions; strong is he who


forces his actions to control his thoughts.


Welcome happiness for it enlarges your heart; endure sadness for it opens


your soul.


What can take place before this sun sets which will not seem insignificant


in the river of centuries?


What is success other than a state of mind?


When an act becomes easy through constant repetition, it becomes a pleasure


to perform, and if it is a pleasure to perform, it is man's nature to


perform it often.


When I am burdened with wealth I shall tell myself that this too shall pass.


When I am moved to praise, I will shout from the roofs.


When I am puffed with success I shall warn myself that this too shall pass.


When I am strangled in poverty I shall tell myself that this too shall pass.


When I am tempted to criticize, I will bite on my tongue.


When others cease their struggle, then mine will begin, and my harvest will


be full.


When you are heavy with heartache console yourself that this too shall


pass.


Where dry desert ends, green grass grows.


Where there are idle mouths I will listen not; where there are idle hands I


will linger not; where there are idle bodies I will visit not.


Will my concern for this day not seem foolish ten years hence?


With each victory the next struggle becomes less difficult.


With love I will tear down the wall of suspicion and hate which they have


built round their hearts, and in its place, I will build bridges so that my


love may enter their souls.


Within you burns a flame which has been passed from generations uncounted,


and its heat is a constant irritation to your spirit to become better than


you are, and you will.


Yesterday's joy will become today's sadness; yet today's sadness will grow


into tomorrow's joy.


Yesterday's success will not lull me into today's complacency.


Yesterday is buried forever, think of it no more.


You are a unique creature.


You are here for a purpose and that purpose is to grow into a mountain, not


to shrink to a grain of sand.


You are nature's greatest miracle.


You are rare, and there is value in all rarity; therefore, you are valuable.


You can accomplish far more than you have, and you will.


You can overcome seemingly impossible obstacles with ambition.


You have been given eyes to see and a mind to think.


You have but one life and life is naught but a measurement of time.


You have unlimited potential.


You may encounter failure at the thousandth step, yet success hides behind


the next bend in the road. You will never know how close success lies


unless you turn the corner.


You must fail often to succeed only once.


You must have objectives before your life will crystallize.


You must nurture your body and mind in order to fulfill your dreams.


You only have time to love.


You were conceived in love and brought forth with a purpose.


You will become great.


You won't know how close success is unless you turn the corner.

Monday, March 15, 2010

Divorces obtained in foreign courts are valid in India - SC JUDGEMENT

Pashaura Singh vs State Of Punjab &Amp; Anr on 13 November, 2009

Bench: R M Lodha, T Chatterjee


IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.2122 OF 2009

(Arising out of SLP(Crl.) No. 5910/2006)

Pashaura Singh ...Appellant Versus

State of Punjab & Anr. ...Respondents JUDGEMENT

R.M. Lodha, J.

Leave granted.

2. In this appeal by special leave, the appellant has challenged the order

dated May 24, 2006 passed by the High Court of Punjab and Haryana. By the said
order, the petition filed by the appellant under Section 482 of Code of
Criminal Procedure for quashing F.I.R. No. 9 dated January 21, 2002 registered
at Police Station Sehna under Sections 498-A, 494, 506/34, IPC has been
dismissed.

3. Kamaljeet Kaur is a landed immigrant of Canada. On May 7, 1997, she married
Pashaura Singh Sidhu - appellant - at village Ghall Kalan, District Moga,
Punjab. She left for Canada on May 15, 1997. She sponsored her husband and,
accordingly, Pashaura Singh went to Canada in 1998. They stayed together for
few months and then relations between them became strained. Kamaljeet,
thereafter, started living separately in Ontario. Pashaura Singh applied for
divorce and dissolution of marriage before the Supreme Court of British
Columbia and a divorce judgment was passed in his favour and their marriage
stood dissolved with effect from February 8, 2001. After the dissolution of
marriage, Pashaura Singh came to India and remarried on January 2, 2002.
Pashaura Singh went back to Canada with his newly wedded wife and both of them
have been residing there.

4. On January 21, 2002, Kamaljeet's brother Balwant Singh lodged a first
information report being F.I.R. No. 9 at Police Station Sehna against Pashaura
Singh, Hakam Singh (father of Pashaura Singh), Randhir Singh (brother of
Pashaura Singh), Charanjit Kaur (wife of Randhir Singh) and Harbans Kaur
(mother of Pashaura Singh) alleging therein that on May 7, 1997 he performed
his sister Kamaljeet Kaur's marriage with 2

Pashaura Singh; that at the time of marriage, according to his status, he gave

rupees four lacs in cash, gold jewelry, utensils, almirah, fifty-one suits,
five bags etc. but the accused started harassing his sister Kamaljeet Kaur and
threatened to kill her if she did not bring car, electronic items etc. and that
he has now come to know that Pashaura Singh has entered into second marriage
in the first week of January, 2002. A case under Sections 498-A, 494, 506/34,
IPC was registered against the accused persons and it appears that the police
submitted challan against them in the court of Judicial Magistrate First
Class, Barnala.


5. Randhir Singh, Charanjit Kaur (Rajinder Kaur), Hakam Singh and Harbans Kaur
filed a petition under Section 482 of the Code of Criminal Procedure for
quashing the F.I.R. No. 9 and criminal prosecution against them. Vide order
dated April 29, 2004, the High Court allowed the petition and quashed F.I.R.
No. 9 dated January 21, 2002 registered against them and all subsequent
proceedings.


6. Pashaura Singh by a separate petition under Section 482 of the Code prayed
for quashing F.I.R. No. 9/2002 3
and the subsequent criminal proceedings against him but, as noticed above, the
High Court by its order dated May 24, 2006 dismissed his petition. The High
Court in its cryptic order, while dismissing the petition, observed that
Pashaura Singh has married second time on January 2, 2002 while he was already
married with Kamaljeet Kaur and the aforesaid marriage has not been dissolved.


7. Having heard the learned Counsel for the parties and upon careful perusal of
the materials placed before us, in our judgment, the order of High Court cannot
be sustained for more than one reason. In the first place, the High Court
gravely erred in observing that Pashaura Singh married second time on January
2, 2002 while he was already married with Kamaljeet Kaur and the aforesaid
marriage has not been dissolved. The certificate of divorce dated February 26,
2001 issued by the New Westminster Registry, Supreme Court of British Columbia
shows that the marriage of Pashaura Singh and Kamaljeet Kaur stood dissolved on
February 8, 2001. As a matter of fact, this fact is noticed in the order dated
April 29, 2004 whereby the High Court quashed F.I.R. No. 9 and the subsequent
criminal 4


proceedings against the family members of Pashaura Singh. In the affidavit
filed by Gurmail Singh, Deputy Superintendent of Police in response to the
petition filed by the appellant under Section 482 before the High Court, it has
been admitted that during investigation on March 14, 2002 Hakam Singh had
produced photocopy of divorce certificate purporting to have been issued by the
Supreme Court of British Columbia. The observation of the High Court, thus,
that Pashaura Singh married second time, although his marriage has not been
dissolved, is ex-facie contrary to record.


8. Section 494, IPC, inter-alia, requires the following ingredients to be
satisfied, namely, (i) the accused must have contracted first marriage; (ii) he
must have married again; (iii) the first marriage must be subsisting and (iv)
the spouse must be living. Insofar as present case is concerned the appellant's
marriage with Kamaljeet Kaur was not subsisting on January 2, 2002 when he is
said to have married second time. Pertinently before the High Court, along with
reply, the complainant Balwant Singh annexed copy of an affidavit filed by
Kamaljeet Kaur which states that she was not aware of the divorce 5


proceedings filed by her husband Pashaura Singh. However, from this affidavit,
it is apparent that her husband has obtained a divorce judgment. There is
nothing in the affidavit that divorce judgment has been stayed or set aside. On
the face of the allegations made in the first information report, therefore,
ingredients of the offence under Section 494, IPC are not satisfied.


9. Insofar as offence under Section 498-A is concerned, the High Court in its
earlier order dated April 29, 2004 in the petition filed by the family members,
observed thus: "I have perused the First Information Report registered
against the petitioners.

The only allegation against the petitioner is that they started
harassing Kamaljeet Kaur Gill for not bringing more dowry. No demand of dowry
has been made by the petitioners, nor is there any specific entrustment, as
alleged in the First Information Report of dowry articles to the petitioners.
Parties have divorced each other, as per the order of the Supreme Court of
British Columbia (Annexure P-1). Order is dated February 25, 2001. It is after
this divorce that Pishora Singh got married in India on January 2, 2002."


10. Moreover, in the affidavit of Kamaljeet Kaur referred to hereinabove, there
is not a word about demand of dowry or harassment on account of dowry by the
appellant. 6


11. We have no hesitation in holding that the first information report lodged
by Balwant Singh is manifestly attended with malafides and actuated with
ulterior motive. The prosecution of the appellant is not at all legitimate,
rather it is frivolous, vexatious, unwarranted and abuse of process. The
appellant has made out a case for quashing the first information report and all
subsequent proceedings pursuant thereto.

12. For the reasons indicated above, appeal is allowed and order dated May 24,
2006 passed by the High court of Punjab and Haryana is set aside. Resultantly,
F.I.R. No. 9 dated January 21, 2002 registered at Police Station Sehna and all
subsequent proceedings pursuant thereto stand quashed and set aside.


13. The pending applications stand disposed of. ........................J


(Tarun Chatterjee)

........................J


(R. M. Lodha)


New Delhi,

November 13, 2009.

7

http://indiankanoon.org/doc/174511/

Supreme Court Delivers Landmark Ruling on Divorce in Foreign Courts

November 16, 2009

Delivering a landmark ruling covering a grey area which remained untouched so long, the apex court on Friday, the 13th November said that any marriage dissolved by a foreign court will be equally valid in India. It is well known that divorce is difficult to obtain in India than in most West and European countries. So long, divorce of Indians and NRIs were valid only if it was granted by any Indian court and any divorce granted by foreign court was subject to scrutiny and clearance by Indian Courts.

It has thus become easier for an NRI to get divorce in foreign country without appearing in Indian Courts or even in the absence of the one of the spouse in the foreign court in some cases. Therefore, for an NRI, it is easier now to get married with an Indian and get rid of the spouse (mostly wife) without much hassle.

The cause of the instant judgment was related to one Pashaura Singh of Punjab Province in India, who married NRI Kamaljeet Kaur already settled in Canada. After their marriage Pashaura too settled in Canada with his NRI wife. But as the marriage did not click, Pashaura got divorce from a British Columbian court in 2001 and remarried in India.

Kamaljeet’s brother filed a case of bigamy against Pashaura in Punjab and won the case in Punjab High Court.

Reversing the judgment, the apex court granted the divorce in favor Pashaura.

Foreign court divorce valid

Tuesday , November 17 , 2009

New Delhi, Nov. 16: A divorce obtained in a foreign court is valid in India, the Supreme Court has ruled, clarifying a long-standing grey area.

Divorces are easier to obtain in many foreign countries than in India, where the grounds for dissolution of marriage are limited and divorces are usually not awarded in the absence of one of the parties.

Friday’s ruling by the apex court means, for instance, that if an NRI marries an Indian girl, leaves her behind and obtains a divorce in his country of residence, Indian courts must accept that the marriage stands dissolved.

Till now, the issue of divorces obtained abroad had been open for each court to interpret in its own way in the absence of a clear directive.

The ruling came in the case of Pashaura Singh, who had divorced his Canadian wife in Canada and remarried in India. The apex court quashed the bigamy charges against him, upheld by a high court. The apex court observed that although his first wife claimed she was unaware of the divorce proceedings, the decree had neither been stayed nor set aside.

Pashaura was a Punjab resident when he married Kamaljeet Kaur, a Canadian citizen, in 1997 and settled down in Canada with her. In 2001, he divorced her in the Supreme Court of British Columbia. He remarried in India and returned to live in Canada, prompting Kamaljeet’s brother to lodge an FIR in Punjab.