Mr.Rebates

Mr. Rebates

Saturday, April 10, 2010

Woman uses RTI to get details of cheating husband

Fri, Apr 9,2010

New Delhi, The pay particulars of a government employee cannot be considered personal information, the Central Information Commission (CIC) has ruled, while upholding the right of a 'betrayed' woman to get details of her husband's salary.

'The Commission holds that the pay particulars of a government employee cannot be considered as personal information by any means and directs the PIO (Public Information Officer) to provide the same to the appellant,' Information Commissioner Annapurna Dixit noted in her order while backing Chhattisgarh resident Shivkumari Kashyap, whose husband got married for the second time.

Kashyap, who believes that her husband Baldev Singh, an employee of South East Central (SEC) Railway, had entered the name of his second wife in his service book, used the Right to Information (RTI) act to get justice.

She filed an RTI application with the SEC Railway seeking the pay particulars of her husband as well as a copy of his service book, which has all the details of a government servant's official life, including information about his pay, increment and other things.

When SEC Railway denied her the information, Kashyap approached the CIC, stating during a hearing through videoconferencing on March 10 that she was the 'legitimate wedded wife of Baldev Singh and that her husband has been ill treating her'.

'He has also married a second time while remaining married to her (appellant),' her application stated.

'According to the appellant she believes that her husband has entered the name of his new wife in his service book and in this connection she wanted a copy of the service book, besides pay particulars,' the CIC was told.

On this, the CIC held that pay particulars of a government employee cannot be considered as personal information by any means.

'Also in view of the harassment undergone by the appellant in the hands of her husband and because the service book details of her husband being sought by her are not personal information as the same are already in the public domain, the PIO may also provide an attested copy of the first page of the service book to the appellant giving details of the name of the spouse entered therein,' Information Commissioner Dixit directed.

The CIC has said the information should be provided by April 10.

PYAR KE SIDE EFFECTS, SHOAIB-SANIA-AYESHA DRAMA

Friday, May 9th, 2010

AS THE SHOAIB-SANIA-AYESHA DRAMA SEEMS TO HAVE CONCLUDED AMICABLY



With two nations engulfed in the Sania Mirza-Shoaib Malik-Ayesha Siddiqui saga, there hasn’t been a single day when the embattled Pakistan cricketer, his ex-wife and current bride-to-be weren’t in the news, for all the wrong reasons. With both parties indulging in mud-slinging, the saga got murkier by the day. The stalemate came to an end on Wednesday evening, when Shoaib Malik finally signed the talaqnama. But there seems to be more than what meets the eye. Hyderabad Times spoke to key players in the drama who managed to broker a deal to end the weeklong saga.

THE PRESSURES

With Shoaib Malik doing a flip-flop on his marriage, questions were raised, especially by the Malik and Mirza family on the authenticity of the nikaah. But it was Ayesha who provided damning evidence against the cricketer. “The evidence against Shoaib (Malik) was so strong that he had no way out but to sign the talaqnama. Ayesha had given the Hyderabad Police the dates when Shoaib came to Hyderabad to meet her. The police found corroborating entries on his passport on those particular dates. That, along with some damning evidence, which is too personal to discuss, finally nailed his lie,” says Shams Babar, a family friend of the Siddiquis. Major Qadri, one of the community leaders agrees that Ayesha had strong evidence to prove her marriage to Malik. “When I met Ayesha, she showed me evidences that left no doubt that she was indeed married to Malik,” says Qadri. Proof aside, sources also say it was the fatwa issued by the imam of the Tipu Sultan Masjid in Kolkata that put immense social pressure on the Maliks and Mirzas. “The saga was taking a religious turn putting the community’s reputation at stake. We had to intervene,” quips Qadri. Reliable sources however point out, “Both parties are hiding things, which if revealed could have made things dirtier than it already has. So, it was important to put a stop to it.”

THE MAIN PLAYER

Contrary to reports that community leaders pressurised the couple to see sense, it was actually the Hyderabad Police who helped resolve the matter. “It was the Hyderabad police who did their job well,” says Shams Babar. “Before the elders and community leaders could intervene, the Hyderabad Police went to Malik and told him that there could be an impending arrest based on the proof Ayesha had provided. There was no way out for Malik,” says Babar. Confirming this Qadri says, “The Mirza’s were in a hurry because the scheduled marriage cannot take place without Malik signing the talaqnama, as that would eventually lead to his arrest.”

WHO APPROACHED WHOM?

The Mirzas made the first move to resolve the conflict, considering the evidence staring in their face. Sania’s uncle and aunt had a discussion with the police after which a decision was reached to approach the community leaders to broker the deal. “The Mirzas approached us,” confirms Babar. “Ayesha was hell-bent on fighting for herself. It became an ego clash because Sania and Shoaib were stars who were accusing an ordinary woman of cheating,” informs a source.

WITH EVIDENCE

This time the leaders of the community left no stone unturned to make sure the talaqnama was indeed signed and authentic. “We have taken pictures of both parties signing the talaqnama in the presence of witnesses,” says Qadri, adding, “We’ve also taken separate pictures of the signed document.” Sources say that Ayesha got what she wanted including an apology from Shoaib. “Shoaib has apologised in private and in the talaqnama as well,” confirms Babar.

THE REAL AYESHA?


Vice principal of a school in Dubai, Ayesha Siddiqui is a strong and smart woman. She has been fighting for four long years and had to quit her job to come back to Hyderabad. Ayesha went in hiding due to stress, depression and obesity. “Ayesha had been through a traumatic time and has been confined to her house. She is also undergoing treatment for obesity from my daughter Sadiqa. Now, she finally feels vindicated,” says Shams Babar. Sources also confirm that Ayesha is more obese than the pictures that were shown on TV and print. “Shoaib thought he could ride through this controversy solely on his star power and the Mirzas’ political clout. But now that truth has prevailed, Ayesha is a happy woman. She plans to travel and live her life to the fullest,” says a close family friend.

Malik was against divorce being made public

Friday, May 9th, 2010

Hyderabad: The announcement of Ayesha Siddiqui and Shoaib Malik’s divorce before the media on Wednesday, was much against Malik’s wish, revealed family sources. According to them, the Pak. cricketer was not keen on such an arrangement and had initially agreed to ‘talaq’ only on condition that Ayesha would not make the news public.

Sources said that when mediators of both the families met at Siddiqui’s residence late on Tuesday night to reach a compromise, those representing Malik insisted that Ayesha alias Maha sign an agreement, which clearly stated that she would not disclose anything about the divorce to the media and quietly withdraw the case filed against the cricketer.

“But Ayesha was adamant that she wanted the divorce to be made public. She tore those papers that they (Maliks) had first got,” said a close friend of the Siddiqui family.

Fearing arrest, Malik was later compelled to agree. “He knew his arrest was imminent on Wednesday if he did not settle for an out-of-court settlement. So his representatives again went back to the Mirza’s house and came back with fresh papers later that night which Ayesha eventually signed,” the source said.

Friday, April 9, 2010

Cops invite judge’s wrath

Friday, May 9th, 2010

About 20 Cases Filed Against Cops In Various Police Stations

OUR LEGAL CORRESPONDENT

Hyderabad: Justice C V Nagarjuna Reddy of the A P High Court on Thursday e x p re s s e d his ire against the functioning of the state police. Referring to about 20 cases filed against the men in khaki in different police stations across the state, he said the police were either indulging in excessive action and interfering in civil cases or were not taking necessary action in the cases where citizens had lodged genuine complaints.

In one case, Justice Reddy called for a report from the SP of Kurnool on whether any departmental action has been initiated against Ameer Pasha, the SI of Kodumolu police station in Kurnool, against whom the judge said there have been repeated complaints.

In the latest petition before the court, he is alleged to have helped the sons and daughters-in-law of Mahbub Bee to deprive her of her only house property. Justice Reddy made clear in his interim order that the court would be forced to draw adverse inference.

In another petition, it was complained that the police in Obula Cheruvu Devula PS in Anantapur were forcing a couple to supply coffee and tea on a regular basis after summoning them on the pretext of investigating a crime in which their missing son Rajashekar Reddy is alleged to be involved.

The judge directed the police not to harass the petitioners Gollapalli Lakshmipathi Reddy and his wife.

In the third petition, the judge directed the police not to interfere with the running of a bar and restaurant at Kharkhana in the city.

The petitioner, Mirthland Hotels, complained that they paid Rs 25 lakh as excise licence fee and even obtained permission from the Cantonment Board. Yet, the police were refusing permission, it contended.

Bail denied

Justice P Swaroop Reddy of the A P High Court on Thursday rejected a bail application by Kattali Mohan, the prime accused in two attempts on Congress Chittoor MLA C K Jayachandra Reddy alias C K Babu. The accused, lodged in the jail since June 2008, moved the court for bail on the ground that the charge sheet was filed and investigations completed. The judge refused to enlarge him on bail after the prosecution informed the court that there were serious apprehensions that if enlarged on bail, the petitioner is likely to repeat his earlier abortive murder attempts.

Shoaib still caught in legal mesh

Friday, April 9th, 2010

Hyderabad: Shoaib Malik clearly didn’t see this coming. He may have given ‘talaq’ to Maha Siddiqui on Wednesday hoping to free his mind of the worry of police cases before his marriage, but indications are that it will take some time before he is out of the legal mess.

“An offence under Section 498 A of IPC has been registered against him. This is a serious charge, this can’t be withdrawn against him in one go,” a police official told the Media. Section 498 (A) relates to ‘harassment of a married woman by her husband or his family members’.

Acting on Maha Siddiqui’s letter to the police commissioner seeking withdrawl of all charges against Malik, cops of the Central Crime Station (dealing with the case) are now seeking the opinion of K Sreevani, public prosecutor of the 13th Chief Additional Metropolitan Magistrate Court on how to free Malik of the legal hassles. This court deals with all CCS cases and thus has the authority to close the Ayesha-Shoaib matter.

Sources say that Sreevani has told the police that while they can theoretically close a case saying “action dropped for lack of evidence’’, but in this case they can’t do so. This because they have collected all the evidence and presented it to the court.

What could well add to Malik’s woes, the public prosecutor has told the police that Section 498 (A) of the IPC can be compromised upon only if the two parties (Maha and Malik in this case) decide to live together. Since that is not possible in this case, it will take a minimum of three months for this section to be dropped against him.

Incidentally this section, and also Section 420 (that has also been registered against Shoaib) can be dropped only with the court’s permission. This is not possible just by virtue of a letter that Maha Siddiqui wrote to the police commissioner on Wednesday. In her application, Maha alias Ayesha said that all the “disputes and the matter’’ had been settled amicably. The court may also direct the two parties to the Lok Adalat which can hear the matter and then notify the court to close the case, which again may take months.

There is another way by which Shoaib can get out of the tangle. By this, the police files a charge sheet in the case and the court can choose to examine only the complainant Maha Siddiqui, who has remained behind the scene so far. Once she says in court that she withdraws the charges, the prosecution would term her as hostile witness in the case and close the matter.

Whether such cases can be manipulated and time period shortened given the highprofile nature of the people involved, legal experts said that a court like this with no ‘celebrity experience’ may take time to warm up to short cuts, if any.

But analysts said that police, if they want, can figure a way out stating that they have not got any ‘concrete evidence’.

Wedding as scheduled

The noise surrounding Shoaib’s high-voltage divorce may have finally died, but the media vigil outside the Mirzas’ Jubilee Hills house continues. While little has come out by way of information from the tight-lipped Mirzas, Sania’s father Imran answered in the affirmative, when asked about his daughter’s wedding plans. Settling all speculation, he confirmed that Sania will wed Shoaib in Hyderabad on April 15th. Imran told TOI, “Sania and Shoaib’s wedding will take place as scheduled. The reception will be held at the Taj Krishna on April 15th.” Sources close to the family added that the nikah, which will be a small, private ceremony, will take place a little earlier on the same day, and will be attended only by close family.

Tuesday, April 6, 2010

Shoaib Malik may not get his passport back soon, may face arrest

Monday, April 5, 2010 23:07 IST

Hyderabad: Former Pakistani cricket captain Shoaib Malik, facing a cheating case here, may not be able to leave the country soon as his passport is required by police for verification following a criminal complaint by Ayesha Siddiqui, who claims she is married to him.

Hyderabad police commissioner AK Khan today indicated that he could not give any time-frame within which the investigation into the case would be completed.

"Timeline is very difficult to set at this stage because we are not yet totally sure how much of work it entails," Khan said. "As ofnow, the rough assessment is that there are 14 to 15 witnesses in and around Hyderabad itself."

The police this morning took Malik's passport and asked him not to leave the country as they questioned him in the wake of a complaint of cheating, harassment, and criminal intimidation lodged by Ayesha's father.

"As part of the investigation, Shoaib's passport has been taken. We felt it necessary to check from the passport the veracity of her [Ayesha's] assertion that Shoaib Malik had visited Hyderabad during the alleged wedding period," Khan told reporters this evening.

He clarified that Malik's passport had not been confiscated or impounded. It had merely been taken to verify entries.

Asked when the cricketer would get his passport back, Khan said that for now it would remain with the central crime station (CCS), a wing of the Hyderabad police, which has taken over the investigation.

The police commissioner said that besides the passport, many other documents needed to be examined. "Maybe the [Central]Forensic Science Laboratory will also get into the picture," he said.

According to Khan, the police will have to reach out to witnessesoutside Hyderabad as well. The Siddiqui family has been asked to produce all material evidence in support of its initial complaint.

The immigration authorities have been informed about the case, Khan said. "It would enable them to keep a watch at airports... in case the accused intends to travel outside."

Asked if Malik faces arrest, Khan said, "If it becomes necessary to arrest somebody, we will do it, but that is all based on how the case evolves and what sort of evidence we come across."

On Ayesha's claim that she had suffered a miscarriage after her marriage to Malik, Khan said the investigating officers will look into this aspect to establish its veracity.

"Our concern is to establish the truth and put it before the court," he said. The police chief said that to ensure a thorough and professional investigation, Malik's case had been transferred to the CCS.

Asked if the investigation would be completed before April 15, the day Malik and tennis star Sania Mirza plan to get married, Khan said, "We will go by the facts of the case and investigate.

"Now, we are in the process of collecting evidence and examining witnesses. At every stage, we will take legal help also and once the whole thing is completed, we will weigh the quality of evidence that we have and decide what should be done with the case.

"We are not going to hurry up with or delay the case. The investigation process has just started and it will take a long time in examining the witnesses, including the qazis."

Referring to Malik's visa, he said, "The visa he has does not require him to report to the police, but during the course of the investigation, if it is required to impose certain restrictions on Shoaib, we will do it."

Shoaib Malik may be prevented from leaving India

Sunday, April 4, 2010

 Hyderabad: Former Pakistan cricket captain Shoaib Malik, against whom ‘first wife’ Ayesha Siddiqui filed a complaint on Sunday, may not be allowed to leave India.

Hours after the complaint was registered at the Banjara Hills police station, charging the cricketer with harassment and cheating, Hyderabad police chief AK Khan said all international airports in the country have been alerted about the criminal plaint. This could block Malik’s exit from India.

Earlier in the day, Ayesha had alleged that she was offered $1 million to declare in front of the media that she didn’t have a relationship with Malik. She further accused Malik of frequently calling her and asking her to stay tightlipped on the issue. The complaint also mentioned Malik’s brother-in-law, Imran Zafar.

The police have registered a case against Malik under sections 498-A (subjecting a woman to cruelty by husband or relative of the husband), 420 (cheating), and 506 (criminal intimidation) of the Indian Penal Code (IPC).

"We are seeking legal opinion on arresting Shoaib Malik or even confiscating his passport since he is a foreign national,” additional police commissioner D Tirumala Rao said.

A senior criminal lawyer said, “If the police are registering the case under section 498A, it means they are convinced that Malik is the complainant’s husband. Slapping this section is likely to trigger a major controversy.”

Another senior criminal lawyer told the media, that all these sections are cognisable. “If the police find any prima facie evidence as per the complaint, the accused would be arrested immediately. But it all depends on the officers handling the case. There are always exceptions,” he said.

Malik has the option of seeking anticipatory bail as a foreign national. “He can claim relief since the complaint is registered here. Since the accused is a foreign national, the police have to follow a certain procedure,” the lawyer said.

What is interesting, however, is the timing of the complaint. The court is not functioning on Monday for Malik to seek anticipatory bail.

Malik is set to marry tennis star Sania Mirza on April 15, but the Siddiquis want the cricketer to officially divorce Ayesha before that.

Malik has said he never saw the Ayesha shown to him in photographs and also dismissed the nikahnama with his signature produced by the Siddiquis.

A source close to Malik told the media that he is determined to get out of this mess. “The families of Malik and Mirza have consulted Islamic scholars on the validity of the nikahnama. Malik has even hired a lawyer to argue his case.

"It looks like he is confident of going ahead with the wedding and getting over the dispute,” the source said.

Malik said Islamic scholars maintain that a telephone nikah is invalid. He quoted Mohammed Khader Ali, sadar qazi (chief qazi) of Hyderabad and president of the Andhra Pradesh Association for Qazis, and Muslim law to prove that his alleged marriage to Ayesha was not valid.

But a four-cleric bench of the Darul Iftah Jamiat-ul-Mominat issued a fatwa on Sunday declaring a telephone nikah valid. The fatwa was issued by a male and three female clerics with mufti Mastan Ali Qadri’s signature.

The religious seminary has produced the highest number of female clerics in the country.

Monday, April 5, 2010

Was forced into phone ‘nikah’: Shoaib

Was forced into phone ‘nikah’: Shoaib


‘I was cheated….Sania knows everything’; wedding on April 15 in Hyderabad

Hyderabad, April 4 Breaking his silence over the controversy surrounding his alleged first marriage, Pakistani cricketer Shoaib Malik today said he was cheated and forced into a telephonic ‘nikah’ with Hyderabadi girl Ayesha Siddiqui eight years ago.

Projecting himself as a victim of impersonation, the former Pakistani captain said he had signed the ‘nikahnama’ (marriage document) in 2002 presuming that he was marrying the girl whose photographs were sent to him.

“The truth is that I have, to this day, not met the girl in the photograph. Ayesha Siddiqui was the girl who introduced herself as Maha Apa (or elder sister) of Ayesha. When I realised the fraud, it was the worst moment of my life. No one enjoys being cheated. I have been made a fool,” he said in a statement to the media here.

Asserting that ‘nikah’ over phone was not valid as per Islamic law, he said the question of divorce did not arise. Ayesha had earlier accused him of cheating her and demanded divorce. Addressing the media at the residence of his bride to-be and tennis star Sania Mirza, a nervous-looking Shoaib said their marriage would be held in Hyderabad on April 15 as originally planned.

He also made it clear that Sania would continue to play for India after marriage. “Sania knows the truth and has been supporting me through the ordeal. We are happy and the wedding arrangements are on,” he said.

The former Pakistani captain flew into the city on Friday to clear the air following Ayesha Siddiqui’s family slapping a legal notice on him for cheating, defamation and harassment and releasing copies of ‘nikahnama’ as a proof.

Shoaib has been staying at Sania’s house in the upmarket Jubilee Hills for the last two days, discussing marriage arrangements with her family. There are also reports that some of the influential friends of the Mirzas, including former cricketer V Chamundeswarnath, have been trying to mediate with the Siddiquis to sort out the matters amicably.

The fairytale, cross-border romance of the two sporting icons has attracted intense media attention. A battery of journalists from local and national newspapers and TV channels have been camping near Sania’s house, eager to get the sound bites from key players of the unfolding drama.

Giving a detailed account of his tryst with Ayesha and explaining how he was duped, Shoaib, in a two-page statement, claimed that she had starting making phone calls to him in 2001 claiming to be his fan. Later, she kept sending photographs of some other girl and constantly evaded meeting him.

“Every time I brought up the topic of meeting, she would send me a bunch of photographs. When I came to Hyderabad in 2002 to meet Ayesha, I was told that she had left for Saudi Arabia on some urgent work. She told me over phone that Rema and Maha Apa would take me around,” he said.

Later, her family told him that Ayesha was not keen on meeting him as she had put on lot of weight and that the photographs sent to him were old ones.

Shoaib said he was forced into marriage over telephone in June 2002. “We accidentally ran into the truth about who Ayesha was in August 2005. My brother-in-law got a photograph of a teacher in Saudi Arabia who was telling people around her that she is married to me. I was aghast when I saw the photograph of the teacher. She was the woman I knew as Maha Apa,” he said.

The cricketer claimed that Ayesha had apologised to him when he confronted her with the truth.

Shoaib charged with cruelty, cheating

If you already havent heard Former Pakistani Cricket Captian Shoaib Malik was to Merry Indian Tennis star Sania Mirza on April 15, 2010, dont think thats going to happen now. Shoaib Malik was formerly married to Ayesha Siddiqui, well the rest is history. This case is going to turn into food for the media and paparatzi. Read on!

Apr 5, 2010, 02.13am IST

HYDERABAD: The Shoaib Malik-Ayesha Siddiqui tangle turned murkier on Sunday with the latter slapping serious charges against the Pakistani cricketer with the police.

Acting on the complaint filed late in the afternoon, the Banjara Hills police registered cases against Malik under sections 498A (subjecting married woman to cruelty), 420 (cheating) and 506 (criminal intimidation) of the IPC.

Police said Ayesha has alleged that Shoaib married her, then harassed her over petty issues and later denied the nikah ever took place. Now, the complaint says, Shoaib is trying to marry again without her consent.

Ayesha also alleged that Shoaib had offered her $1 million to keep the wedding under wraps and threatened to take her life in case she went to the media. A copy of the nikahnama was attached to the complaint, which was signed by Ayesha and brought to the police by her father.

Two of the sections applied are non-cognizable offences which empower us to effect arrests. They are non-bailable too, a police official said. Officials of the west zone police told the media they might question Shoaib.

Hyderabad poilce commsioner A K Khan said Shoaib cant leave the city without permission. Imigration authorities have been told to keep a look-out for him.

Legal experts said that by registering an FIR under section 498 A cruelty to a married woman by her husband or his relatives the police have accepted Ayeshas claim of being married to Malik.

We are seeking legal opinion to see if the alleged offences were committed in India or abroad. The marriage did not take place in India. We will have to figure out whether the provisions of IPC can be applied on Malik, a foreign citizen, additional commissioner of Hyderabad police Thirumal Rao said.

We are looking for some prima facie evidence that supports the allegations ofs the complainant, R R Girish Kumar, director general of Andhra Pradesh police, told the media.

If we are able to secure some proof, his passport can also be seized. The Pakistan high commission needs to be informed only if we have to arrest Shoaib. But, as of now, all this is theoretical discussion, a senior police official said.

Meanwhile, it is learnt that the Siddiquis have hired a top notch lawyer, Mahmud Ali, to fight their cases. Among other clients, Mahmud Ali represents the interests of the Nizams trusts.

Sources said the state police were in a tizzy because of the impending high profile marriage of Shoaib with tennis star Sania Mirza. The consensus in the top circles was that they would have to tread carefully in the case but yet be seen to be acting fairly in the matter.

Deserted NRI wives, Stricter laws to protect them imperative

The dream of a better life abroad has led many unsuspecting Indian girls to fall into the trap of fraudulent marriages with NRI men. The Centre’s plans to have more stringent rules to protect NRI brides can help check the harassment which they often face at the hands of their NRI spouses. Besides looking into the possibility of making visa applicants to India declare their marital status, the government is also considering tracking of cases through family courts and increasing the funds earmarked for legal assistance to brides left in the lurch in foreign lands. All these measures are much-needed and must be put in place.
In a nation, where reportedly 50,000 brides have been deserted by NRI men over the years, the need for stricter laws has been reiterated time and again. The National Commission for Women had earlier demanded a separate legislation to cover NRI affairs, particularly with regard to matrimonial disputes, maintenance of women and children, ex-parte divorce and alimony. The Ministry of Women and Child Development had proposed a second passport for Indian brides who marry NRIs to ensure their safe passage back home. The Law Commission too had made significant recommendations involving changes in maintenance and alimony laws. Yet the solution to the unenviable plight of abandoned wives is nowhere in sight and closer home Punjab faces the maximum number of bride desertions. Stringent laws, however, can act as a deterrent and bring justice to women abandoned by their husbands.

States must pay heed to the Centre’s guidelines and those that have not enacted laws on the compulsory registration of marriages must do so at the earliest. Fast track courts in states with high NRI population, as suggested by the Law Commission, too can bring succour to many women. The Overseas Indian Affairs Ministry and Overseas Indian Women’s Association can play a crucial role in preventing what have in effect become “vacation marriages”. Parents too cannot escape responsibility and must double-check the financial and marital status of prospective NRI grooms. Multi-pronged efforts including massive awareness drives have to be made to ensure that lure for greener pastures doesn’t translate into tears and misery for hapless women.

Dowry Act a tool to tame husbands

Filed for quick action, most cases resolved mutually

April 4, 2010

Is the Dowry Prohibition Act being misused? The answer seems to be in the affirmative if statistics with the Woman and Child Support Unit (WACSU) of the Chandigarh police are to be believed. For, only 81 complaints (six per cent) of the total 1,374 investigated in 2009, a majority of which were under the Act, translated into the registration of a case.

Sources in the WACSU said a majority of the complainants were unable to prove the dowry harassment charges levelled on the spouse and his family.

“A close look at a majority of the complaints filed under the Act reveal that the reasons are more to do with temperamental differences, undue interference of parents and other social causes. Yet, a majority of the complaints are filed under this Act for quick action against the husband and his family. Many a time, such cases get resolved mutually, either with the party accused accepting to pay the amount demanded by the complainant or by agreeing on a divorce. The Act has become a tool to tame unruly husbands, indulging in drinking, extra-marital relationships, gambling and other such activities, leading to the ruining of married lives,” said a police officer.

Citing a case, a police official recounted how a city resident initially demanded Rs 25 lakh from her estranged husband, but later, agreed to withdraw her complaint after settling for half the amount demanded. WACSU claimed to have achieved considerable success in working out compromises between couples.

The success rate for effecting compromise between couples was 36 per cent in 2009 and about 45 per cent (494 out of 1,106 complaints) in 2008, the police said. In addition, 208 couples agreed to divorce mutually in 2009. Only four per cent (41) translated into registration of cases.

In another instance, the relationship between a couple soured within a few months of their marriage. The wife filed a complaint under the dowry Act even while verbally confessing that her complaint was motivated by a perceived threat from her husband’s aggressive behaviour. The story had a positive ending, with the husband promising to mend his ways. “Our motive at the unit is to save marriages. We make every effort that a marriage survives. People come to the police after exhausting all social means to resolve the issue. Both sides have to wait for years to get justice through litigation. We try our best through several counselling sessions to resolve the issue amicably,” said UT SP (Operations and WACSU) RS Ghumman.

Year Complaints Compromises Cases registered

2001 510 197 36

2002 770 314 40

2003 840 444 47

2004 847 433 61

2005 897 365 66

2006 1022 460 87

2007 1181 475 131