Aug 13, 2010
DETECTIVE AGENCIES WOOING CLIENTS and lawyers WITH PROMISE OF LITIGATION SUPPORT in the form of LEGALLY ADMISSIBLE EVIDENCE
Litigants in the city are hiring more than lawyers to help them win cases. In fact, with the stakes getting higher and higher, many of them have started approaching private detectives to collect evidence against their opponents in court. In turn, the detective agencies assure clients that the “litigation support” provided by them will be completely “admissible under the laws”.
Interestingly, cases reaching private detectives mostly concern couples either planning to get married or already married. Those yet to get married hire detectives for pre-marital verifications regarding job profile, salary, family details and other habits and also to check on the spouses’ fidelity before they take the plunge. Similarly, post-marital verifications involve those who doubt the fidelity of their spouses and are looking for a conclusive answer to their apprehensions.
“Significantly, more women approach us for vetting spouses than men. They want peace of mind after a comprehensive probe and we help them. Through discreet surveillance and undercover operations, our investigators assist them in determining if the other spouse is being dishonest in the relationship. Audio and visual evidence collected are later produced in court while seeking divorce on this ground,” said Ajit Singh, who runs Hatfield Detectives in Satya Niketan.
Singh said men often approach them for help in alimony battles. “In several cases, married women seek alimony from husbands claiming they are unemployed and depend on their estranged husbands for maintenance even though they are employed and earning. We collect evidence like their salary slips, cheque and bank account details, attendance register etc to nail their lies in the court,” he added.
While pre-marital investigations cost a minimum of Rs 15,000, post-marital probe can cost anywhere between Rs 20,000 and Rs 60,000. “Given the situation where a man can be asked to shell out lakh of rupees apart from harassment, what we charge is nothing and people happily pay us,” Singh said, adding his clients are not limited to the upper strata of society.
Major Ashok Bhalla, director of A B Detectives, said: “Apart from marital cases, we are also hired for assisting a party in cases of cheating, forgery and property disputes. We gather documentary evidence in such matters by using our resources and contacts. We retrieve papers inaccessible to litigants and take them to court.”
Nirmal Mishra, a lawyer, supports the idea of hiring private detectives for strengthening his case. “Why can’t we hire detectives for gathering some more evidence? No lawyer or his client wants to lose the case. When we have the convenience, we should use it to our benefit,” he added.
Mr.Rebates
Saturday, August 14, 2010
Infosy's employee held for wife's murder
Aug 14, 2010
An Infosys employee has been picked up for allegedly murdering his wife three days ago in Bengaluru. Priyanka Gupta was found dead in her flat with her throat slit and her hands and legs tied.
The police, which had initially suspected robbery to be the motive behind the murder, found on Friday that it was the husband who allegedly committed the crime.
Sources said Satish was upset that his wife Priyanka used to harass her in-laws and hence had committed the murder. Further investigation is on. Married for three years, the couple hailed from Lucknow.
The police also interrogated Satish's several relatives to find more clues.
An Infosys employee has been picked up for allegedly murdering his wife three days ago in Bengaluru. Priyanka Gupta was found dead in her flat with her throat slit and her hands and legs tied.
The police, which had initially suspected robbery to be the motive behind the murder, found on Friday that it was the husband who allegedly committed the crime.
Sources said Satish was upset that his wife Priyanka used to harass her in-laws and hence had committed the murder. Further investigation is on. Married for three years, the couple hailed from Lucknow.
The police also interrogated Satish's several relatives to find more clues.
Lok Sabha clears bill curbing police powers
Wonder when our dear sweet Feminazi gang will stick there dirty heads out, they surely will have something stupid to say about this bill. The Feminazi's are the present day Witches!
Aug 12, 2010
NEW DELHI: The Lok Sabha Thursday approved the Code of Criminal Procedure (Amendment) Bill, 2010, that makes policing more transparent. Under it a police officer will compulsorily have to keep a written record justifying the arrest or freeing an accused wanted in a crime that carries imprisonment up to seven years.
The bill was passed by a voice vote after home ministerP Chidambaram introduced it in the Lok Sabha.
"The amendment increases the transparency of a policeman's action as he has to justify arresting or not arresting an accused and keep a written record of it," Chidambaram told the house.
The amendment once enacted would mean that the police cannot make needless arrests or, under pressure or duress, let go people who may be wanted in crimes punishable with imprisonment for a term seven years or more.
The legislation is aimed to curb arbitrariness of police arrests. Since the reasons have to be recorded in writing, the legislation fixes the responsibility and makes a police officer justify the arrest or letting go of an accused.
The written record would be subjected to judicial scrutiny and recording an arbitrary reason would be difficult for police. It lays a large emphasis on investigation before the arrest is made.
The bill has to go to Rajya Sabha now before being enacted into law.
The home minster said the bill also carries a clause according to which if "a person, at any time, fails to comply with the terms of police notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent court in this behalf, arrest him for the offence mentioned in the notice".
Aug 12, 2010
NEW DELHI: The Lok Sabha Thursday approved the Code of Criminal Procedure (Amendment) Bill, 2010, that makes policing more transparent. Under it a police officer will compulsorily have to keep a written record justifying the arrest or freeing an accused wanted in a crime that carries imprisonment up to seven years.
The bill was passed by a voice vote after home ministerP Chidambaram introduced it in the Lok Sabha.
"The amendment increases the transparency of a policeman's action as he has to justify arresting or not arresting an accused and keep a written record of it," Chidambaram told the house.
The amendment once enacted would mean that the police cannot make needless arrests or, under pressure or duress, let go people who may be wanted in crimes punishable with imprisonment for a term seven years or more.
The legislation is aimed to curb arbitrariness of police arrests. Since the reasons have to be recorded in writing, the legislation fixes the responsibility and makes a police officer justify the arrest or letting go of an accused.
The written record would be subjected to judicial scrutiny and recording an arbitrary reason would be difficult for police. It lays a large emphasis on investigation before the arrest is made.
The bill has to go to Rajya Sabha now before being enacted into law.
The home minster said the bill also carries a clause according to which if "a person, at any time, fails to comply with the terms of police notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent court in this behalf, arrest him for the offence mentioned in the notice".
Friday, August 13, 2010
Top 10 Reasons International Couples Choose an Offshore Divorce
I guess both the husband and wife have to be civil and level headed to do this, and not the Free loading, money hungry, gold diggers who place false 498a.
June 9th, 2009
Ever wondered why international couples such as expatriate workers often choose a country like Dominican Republic for their divorce?
Trying to end a marriage between international spouses can be a complicated, expensive and highly stressful affair. There are the usual difficulties faced by all couples, such as child custody matters and financial settlements. In addition, international couples face challenges related to the fact that they reside in different countries.
More and more international couples are recognizing the value of obtaining a fast divorce in an offshore country. So, according to our knowledge and experience dealing with the matter on a daily basis, here following are the top 10 reasons why so many couples are opting for an offshore divorce today:
1. Offshore divorces are fast.
Depending on the country you choose for your divorce, the process could take less than a day, and your final divorce may be legal in less than two weeks.
2. No complex residency requirements.
The majority of countries that are suitable for international offshore divorces have no residency requirements. Guam has a residency requirement of just 7 days.
3. Only one spouse has to travel.
If you and your spouse are in consent about the divorce, only one spouse needs to travel and appear in court. The other can simply grant power of attorney to a lawyer that will represent him or her in court. In fact, in the case of Unilateral divorce in Haiti even this requirement can be avoided.
4. Offshore divorces are inexpensive.
While some law firms and other businesses specializing in offshore divorce do charge substantial fees, in most cases you’ll pay approximately $2,000 to $5,000. This is a lot less than the costs involved in lengthy, drawn out international divorces.
5. Travel is one-time only.
If an international couple opts to divorce in one or the other’s country of residence, someone is going to have to travel – a lot. Trips back and forth between countries to attend court dates are very costly, not to mention time consuming and stressful.
6. Offshore divorces are easy.
You can hire a law firm or other specialized business to handle virtually all of the details involved in your offshore divorce, including travel arrangements and lodging.
7. Child custody and financial issues can be settled quickly.
Although you can obtain an offshore divorce even if you and your spouse aren’t in agreement about child custody and economic matters, it’s possible to settle them as part of your divorce if you prefer.
8. Widespread court recognition.
Offshore divorces are recognized in almost all jurisdictions if both spouses agree to the divorce.
9. Great vacation destinations.
Many places that offer easy international offshore divorces are great vacation spots, such as the Caribbean island of Hispaniola.
10. Confidentiality and privacy.
An offshore divorce doesn’t involve the spread of your personal information to various government agencies and the public.
June 9th, 2009
Ever wondered why international couples such as expatriate workers often choose a country like Dominican Republic for their divorce?
Trying to end a marriage between international spouses can be a complicated, expensive and highly stressful affair. There are the usual difficulties faced by all couples, such as child custody matters and financial settlements. In addition, international couples face challenges related to the fact that they reside in different countries.
More and more international couples are recognizing the value of obtaining a fast divorce in an offshore country. So, according to our knowledge and experience dealing with the matter on a daily basis, here following are the top 10 reasons why so many couples are opting for an offshore divorce today:
1. Offshore divorces are fast.
Depending on the country you choose for your divorce, the process could take less than a day, and your final divorce may be legal in less than two weeks.
2. No complex residency requirements.
The majority of countries that are suitable for international offshore divorces have no residency requirements. Guam has a residency requirement of just 7 days.
3. Only one spouse has to travel.
If you and your spouse are in consent about the divorce, only one spouse needs to travel and appear in court. The other can simply grant power of attorney to a lawyer that will represent him or her in court. In fact, in the case of Unilateral divorce in Haiti even this requirement can be avoided.
4. Offshore divorces are inexpensive.
While some law firms and other businesses specializing in offshore divorce do charge substantial fees, in most cases you’ll pay approximately $2,000 to $5,000. This is a lot less than the costs involved in lengthy, drawn out international divorces.
5. Travel is one-time only.
If an international couple opts to divorce in one or the other’s country of residence, someone is going to have to travel – a lot. Trips back and forth between countries to attend court dates are very costly, not to mention time consuming and stressful.
6. Offshore divorces are easy.
You can hire a law firm or other specialized business to handle virtually all of the details involved in your offshore divorce, including travel arrangements and lodging.
7. Child custody and financial issues can be settled quickly.
Although you can obtain an offshore divorce even if you and your spouse aren’t in agreement about child custody and economic matters, it’s possible to settle them as part of your divorce if you prefer.
8. Widespread court recognition.
Offshore divorces are recognized in almost all jurisdictions if both spouses agree to the divorce.
9. Great vacation destinations.
Many places that offer easy international offshore divorces are great vacation spots, such as the Caribbean island of Hispaniola.
10. Confidentiality and privacy.
An offshore divorce doesn’t involve the spread of your personal information to various government agencies and the public.
Father featured on 'Makeover' arrested
Aug 11, 2010
WEST CHESTER TWP. -- The father of three children who, along with his family, was featured on TV's "Extreme Makeover: Home Edition" in 2008, was arrested Aug. 3 after violating a civil protection order.
On Aug. 2, Greg Akers appeared at a residence in the 7800 block of Manor Drive, the same home that was featured on the hit television show. Ginger, Greg's wife, filed the complaint against her husband, said police Capt. Joel Herzog.
Clerk of Courts records show Ginger Akers filed for a domestic violence protection order against her husband on April 14, after filing for divorce on March 5.
Herzog said he couldn't discuss details because it involves domestic violence and the case is still pending. Records show Greg Akers is not in the Butler County Jail. A contempt of court hearing is scheduled for 8:30 a.m. Aug. 27. Thousands of volunteers showed up to help build the family a new ranch-style home on Manor Drive in July 2008. The one-story, ADA-compliant home was built for the family's three children -- two of whom have spinal muscular atrophy, a degenerative disease that makes mobility difficult. A son suffers from Crohn's Disease.
Butler County Auditor's records show the home is still listed in Greg Akers' name, although police records show he lives in Middletown.
WEST CHESTER TWP. -- The father of three children who, along with his family, was featured on TV's "Extreme Makeover: Home Edition" in 2008, was arrested Aug. 3 after violating a civil protection order.
On Aug. 2, Greg Akers appeared at a residence in the 7800 block of Manor Drive, the same home that was featured on the hit television show. Ginger, Greg's wife, filed the complaint against her husband, said police Capt. Joel Herzog.
Clerk of Courts records show Ginger Akers filed for a domestic violence protection order against her husband on April 14, after filing for divorce on March 5.
Herzog said he couldn't discuss details because it involves domestic violence and the case is still pending. Records show Greg Akers is not in the Butler County Jail. A contempt of court hearing is scheduled for 8:30 a.m. Aug. 27. Thousands of volunteers showed up to help build the family a new ranch-style home on Manor Drive in July 2008. The one-story, ADA-compliant home was built for the family's three children -- two of whom have spinal muscular atrophy, a degenerative disease that makes mobility difficult. A son suffers from Crohn's Disease.
Butler County Auditor's records show the home is still listed in Greg Akers' name, although police records show he lives in Middletown.
Egypt: New Divorce Law Implemented - Brief Article
I am sure the Feminazi's have there hands anywhere the world divorce is written.
March 6, 2000
"Change is about to shake Egypt's crowded courtrooms. Beginning on March 1, Egypt will put in place one of the Muslim world's most far-reaching reforms of family law. Among countries in the region, only Tunisia also makes divorce an equal opportunity alternative to an unhappy marriage. 'Before this, I really did not want my own daughter to get married because I saw again and again the trap that a woman can be in,' said Muhammad Amer, a Cairo lawyer who is considered an expert on Islamic family law and who lobbied for the changes.
With the new law, a woman will be able to divorce her husband, with or without his assent. And she will also be able to call on the Egyptian government to garnishee her husband's wages if he refuses to provide for her. If he disappears or cannot pay a court-ordered living allowance, she will be able to draw from a special state bank to keep her family afloat.
When they were proposed by President Hosni Mubarak late last year, the changes, drew fierce opposition. Conservative lawmakers said women were too flighty to be entrusted with the option of no-fault divorce. The proposals also were widely lampooned in the press as the work of man-hating feminists.
But an alliance of moderate Muslim clerics, women's advocates, civil court judges and divorce lawyers endorsed the reforms. To head off a backlash from Islamic hard-liners, they mounted a public relations effort to convince people that the law is a modern rendering of the equal rights that Islam bestows on women[ldots]Family law is generally based on Shariah, or the Islamic legal code, in Muslim countries, including Egypt. This has come to mean that a Muslim man can get a divorce automatically. But a woman must prove to a court that her husband beats her, is a drug addict, is sterile or does not support the family.
In practice, though, they are often stymied by judges who discount their complaints, according to reports by private organizations and because a husband can appeal the decree indefinitely.
In Egypt, where the civil and criminal codes are an amalgam of secular and Islamic law, there have been occasional attempts at reform. In 1979, President Anwar el-Sadat issued a decree allowing a woman to divorce her husband if she objected to him taking an additional wife. But the decree was later declared unconstitutional on procedural grounds.
Mr. Sadat's successor, Mr. Mubarak, did not try to restore that law, but did repeal an Ottomanera rule making it a crime for a woman to run away from an abusive husband[ldots]Little has changed in Egypt's divorce courts, where 1.2 million cases are filed a year, but only 71,000 are granted by overworked judges.
Fathi Shaheen, a gaunt man of 75, has made his living for 40 years at the Shobra courthouse helping illiterate women prepare divorce requests. He said he had seen more tears than he cared to remember. 'These men, they are greedy and they want to make the woman suffer,' he said recently, 'so they keep filing appeal after appeal'[ldots] Why can men keep appealing? Appeals are for murderers and criminals.
Even with Egypt's new law, a wife who wants a divorce over the objections of her husband will have to return to him any money or property that he paid her upon the marriage. That provision was the price paid for the support of leading Muslim authorities.
March 6, 2000
"Change is about to shake Egypt's crowded courtrooms. Beginning on March 1, Egypt will put in place one of the Muslim world's most far-reaching reforms of family law. Among countries in the region, only Tunisia also makes divorce an equal opportunity alternative to an unhappy marriage. 'Before this, I really did not want my own daughter to get married because I saw again and again the trap that a woman can be in,' said Muhammad Amer, a Cairo lawyer who is considered an expert on Islamic family law and who lobbied for the changes.
With the new law, a woman will be able to divorce her husband, with or without his assent. And she will also be able to call on the Egyptian government to garnishee her husband's wages if he refuses to provide for her. If he disappears or cannot pay a court-ordered living allowance, she will be able to draw from a special state bank to keep her family afloat.
When they were proposed by President Hosni Mubarak late last year, the changes, drew fierce opposition. Conservative lawmakers said women were too flighty to be entrusted with the option of no-fault divorce. The proposals also were widely lampooned in the press as the work of man-hating feminists.
But an alliance of moderate Muslim clerics, women's advocates, civil court judges and divorce lawyers endorsed the reforms. To head off a backlash from Islamic hard-liners, they mounted a public relations effort to convince people that the law is a modern rendering of the equal rights that Islam bestows on women[ldots]Family law is generally based on Shariah, or the Islamic legal code, in Muslim countries, including Egypt. This has come to mean that a Muslim man can get a divorce automatically. But a woman must prove to a court that her husband beats her, is a drug addict, is sterile or does not support the family.
In practice, though, they are often stymied by judges who discount their complaints, according to reports by private organizations and because a husband can appeal the decree indefinitely.
In Egypt, where the civil and criminal codes are an amalgam of secular and Islamic law, there have been occasional attempts at reform. In 1979, President Anwar el-Sadat issued a decree allowing a woman to divorce her husband if she objected to him taking an additional wife. But the decree was later declared unconstitutional on procedural grounds.
Mr. Sadat's successor, Mr. Mubarak, did not try to restore that law, but did repeal an Ottomanera rule making it a crime for a woman to run away from an abusive husband[ldots]Little has changed in Egypt's divorce courts, where 1.2 million cases are filed a year, but only 71,000 are granted by overworked judges.
Fathi Shaheen, a gaunt man of 75, has made his living for 40 years at the Shobra courthouse helping illiterate women prepare divorce requests. He said he had seen more tears than he cared to remember. 'These men, they are greedy and they want to make the woman suffer,' he said recently, 'so they keep filing appeal after appeal'[ldots] Why can men keep appealing? Appeals are for murderers and criminals.
Even with Egypt's new law, a wife who wants a divorce over the objections of her husband will have to return to him any money or property that he paid her upon the marriage. That provision was the price paid for the support of leading Muslim authorities.
No Divorce: Only in the Philippines…
Atleast our Philippine brothers can rest easily, they dont have 498a and other Draconian Laws.
July 17, 2009
Not exactly. Actually, the Philippines is one of only two countries in the world that I know of where divorce is not legalized, the other of course being Vatican City. The subject I am about to embark upon is usually not openly discussed around these parts and hopefully, people will not tag me with the "L" word after reading this post.
A few days ago, I was talking with the wife of a Filipino pastor who mentioned that her husband just conducted a mass wedding ceremony for six couples who had been living together–and had born children–for many years. As we discussed this subject, it became apparent that she also noticed the epidemic of sexual immorality in the Philippines, not only in the cities, but even in far-flung villages. Couples, especially those in slum villages, start living together without getting married, on the pretext that getting married is too expensive for them. This is a lame excuse, because it is obvious that these people, especially the men, spend most of their money on cigarettes, alcohol, drugs, gambling and many other destructive vices.
Up to the 1970s, unwed mothers would commonly be disowned by their families, and couples living together would be a huge scandal in any community. With the increase in Filipinos working overseas (there are now about 11 million OFWs), especially in the West, sexual corruption slowly crawled in. For the families of those OFWs, financial progress comes at a huge price–broken families, adultery, wayward children–perhaps millions of them.
Millions of men and women, separated from their legal spouses, live with other men and women, consigned to their hopeless situation because there is no legal divorce. They bear and raise their own "illegitimate" children. Often, however, the men abandon their legal wives and children because they are not held accountable by the courts due to lack of legal divorce or separation proceedings.
To be sure, annulment can be filed, mostly under the pretext of "psychological incapacity. This option, however, is only for the very rich, and this is why only 8,000 annulment cases are filed annually, a drop in the bucket compared with tens of thousands, perhaps millions, who are separated and living together with other partners.
The end result of all of this is the epidemic of social ills, sexual immorality, violent crime, poverty and general lawlessness.
Difficulties for a True Church
And the church is not immune from this epidemic. It is obvious that there are many men and women in the church today who live together illegally and immorally, and the reason is that he/she is married to a different person, but separated, and therefore cannot marry their current partner. This could be their sad situation for many years, and so they have children. And because they are not married, it is often all too easy for them to find new relationships. I have even heard that in some churches, there are men and women living in this kind of relationship who are allowed to be elders and teachers, partake of the Holy Communion, and have their children baptized.
What is the church to do? A true church, to be faithful to Scriptures, has to exercise church discipline over its officebearers and members alike. The Heidelberg Catechism Q&A 85 says, "If any under the Christian name show themselves unsound either in doctrine or in life, and after several brotherly admonitions do not turn from their errors or evil ways," they are to be "excluded from the Christian communion." They are not to be allowed to be teachers and officebearers in the church. Because they are to be regarded as unbelievers, their children are not to be baptized. But these measures are always extremely painful to the church.
Divorce in the Philippines, Anyone?
For this reason, in spite of its evil and tendency to be abused, I believe it is time to legalize divorce in the Philippines.
Those who know me and who may be reading this would be surely shocked, especially for Filipinos who have been schooled all their lives about the sanctity of marriage, knowing it is Jesus himself who commanded us, "What therefore God has joined together, let not man separate" (Matt 19:6).
To be sure, Protestants recognize this holy and lifelong institution, but they also saw the total depravity of man’s heart. Thus, they saw that God has provided a solution to those marriages that are seriously defiled and irreparably damaged by human rebellion against God, "Because of your hardness of heart Moses allowed you to divorce your wives, but from the beginning it was not so" (Matt 19:8).
Chapter 24 of the Westminster Confession of Faith summarizes the Reformed position regarding marriage, divorce and remarriage:
Paragraph 1. Marriage is to be between one man and one woman (Gen 2:18-24).
Paragraph 3. It is the duty of Christians to marry only in the Lord. Therefore, those who profess the true reformed religion should not marry unbelievers (1 Cor. 7:39; 2 Cor. 6:14-18).
Paragraph 5: In the case of adultery after marriage it is lawful for the innocent party to seek a divorce and after the divorce to remarry just as if the offending party were dead (Matt 5:32; 19:9).
Paragraph 6:Nothing but adultery or such willful desertion as cannot be remedied by the church or the civil authorities is sufficient cause to dissolve the bond of marriage (1 Cor 7:15).
Notice that in Paragraph 6, the WCF allows remarriage after lawful divorce. In continuing his discussion with the Pharisees, Jesus said, "Whoever divorces his wife, except for sexual immorality, and marries another, commits adultery" (Matt 19:9). This implies that divorce–and remarriage afterwards–on the grounds of sexual immorality (and willful desertion in 1 Corinthians 7:15) are lawful, and thus are not considered adultery.
What constitutes sexual immorality? Is it only sleeping with a person who is not the husband or wife? Of course not, because the Greek word porneia includes a broad range of other sexual sins contrary to Scriptural standards: homosexuality, lesbianism, sodomy, harlotry, incest and bestiality. All of these violate the "one flesh" aspect of marriage.
What about willful desertion? Is it only packing one’s bag and leaving the house? Perhaps actions which are tantamount to desertion may be lawful grounds for divorce, as illustrated by the following examples: (1) the deliberate withholding of food, clothing, and sexual relations from the spouse; and (2) life-threatening spousal abuse, or any other actions that are destructive to the "cleaving" aspect of the marriage relationship.
The Westminster theologians recognized that God has clear guidelines in the matter of marriage, divorce and remarriage. They recognized that sinful man would abuse any gracious act of God, presuming that his grace is license to do whatever is right in their own eyes. He was gracious to the Jews in allowing divorce, but they then divorced their wives for any other cause in addition to sexual immorality and desertion (Matt 19:3). This was not God’s intention from creation, and it was not his intention when he granted them lawful divorce due to their hardness of heart.
Putting the Brakes on the Abuse of Divorce
Lawful annulment in the Philippines is commonly granted on the grounds of psychological incapacity, minority (a party below 18 even with the consent of parents), lack of authority of the solemnizing officer, absence of a marriage license, polygamy, mistaken identity, and incestuous marriage. Incest and polygamy fall in the lawful categories of sexual immorality and desertion, but the others are questionable pretexts at best. The only reason why annulment in the Philippines has not become an epidemic like divorce in the West is that only the very rich can afford the legal process.
If divorce is legalized, how is the church going to prevent its abuse, as can be seen in many other countries? Here, the true church has a great responsibility. First, premarital and marriage counseling is a must. One of the major reasons for failed marriages is the lack or absence of Biblical counseling. Second, the church has to be careful in determining whether the divorce is based on the Biblical grounds of sexual immorality or desertion. This process has to be done when a member files for divorce or intends to marry a divorced person; both cases have to have lawful grounds for divorce. Third, a member is to be subject to the elders of the church, and if he or she disobeys the determination and advise of the elders, he or she is to be subject to church discipline. Fourth, women who become "widows" (and their young children) because of divorce must be cared for by the benevolence of the church.
§
Historically, the Roman Catholic Church in the Philippines has always been a tough nut to crack in the matter of divorce, and most of the 80 percent of Filipinos who are Catholics remain loyal to their church. But this intransigence and ignorance of the Biblical grounds for divorce has had disastrous effects on the Filipino family, particularly on women and children. It had also put many churches in various difficult situations when its wayward members see that the most viable option for them is to continue their sinful relationships.
July 17, 2009
Not exactly. Actually, the Philippines is one of only two countries in the world that I know of where divorce is not legalized, the other of course being Vatican City. The subject I am about to embark upon is usually not openly discussed around these parts and hopefully, people will not tag me with the "L" word after reading this post.
A few days ago, I was talking with the wife of a Filipino pastor who mentioned that her husband just conducted a mass wedding ceremony for six couples who had been living together–and had born children–for many years. As we discussed this subject, it became apparent that she also noticed the epidemic of sexual immorality in the Philippines, not only in the cities, but even in far-flung villages. Couples, especially those in slum villages, start living together without getting married, on the pretext that getting married is too expensive for them. This is a lame excuse, because it is obvious that these people, especially the men, spend most of their money on cigarettes, alcohol, drugs, gambling and many other destructive vices.
Up to the 1970s, unwed mothers would commonly be disowned by their families, and couples living together would be a huge scandal in any community. With the increase in Filipinos working overseas (there are now about 11 million OFWs), especially in the West, sexual corruption slowly crawled in. For the families of those OFWs, financial progress comes at a huge price–broken families, adultery, wayward children–perhaps millions of them.
Millions of men and women, separated from their legal spouses, live with other men and women, consigned to their hopeless situation because there is no legal divorce. They bear and raise their own "illegitimate" children. Often, however, the men abandon their legal wives and children because they are not held accountable by the courts due to lack of legal divorce or separation proceedings.
To be sure, annulment can be filed, mostly under the pretext of "psychological incapacity. This option, however, is only for the very rich, and this is why only 8,000 annulment cases are filed annually, a drop in the bucket compared with tens of thousands, perhaps millions, who are separated and living together with other partners.
The end result of all of this is the epidemic of social ills, sexual immorality, violent crime, poverty and general lawlessness.
Difficulties for a True Church
And the church is not immune from this epidemic. It is obvious that there are many men and women in the church today who live together illegally and immorally, and the reason is that he/she is married to a different person, but separated, and therefore cannot marry their current partner. This could be their sad situation for many years, and so they have children. And because they are not married, it is often all too easy for them to find new relationships. I have even heard that in some churches, there are men and women living in this kind of relationship who are allowed to be elders and teachers, partake of the Holy Communion, and have their children baptized.
What is the church to do? A true church, to be faithful to Scriptures, has to exercise church discipline over its officebearers and members alike. The Heidelberg Catechism Q&A 85 says, "If any under the Christian name show themselves unsound either in doctrine or in life, and after several brotherly admonitions do not turn from their errors or evil ways," they are to be "excluded from the Christian communion." They are not to be allowed to be teachers and officebearers in the church. Because they are to be regarded as unbelievers, their children are not to be baptized. But these measures are always extremely painful to the church.
Divorce in the Philippines, Anyone?
For this reason, in spite of its evil and tendency to be abused, I believe it is time to legalize divorce in the Philippines.
Those who know me and who may be reading this would be surely shocked, especially for Filipinos who have been schooled all their lives about the sanctity of marriage, knowing it is Jesus himself who commanded us, "What therefore God has joined together, let not man separate" (Matt 19:6).
To be sure, Protestants recognize this holy and lifelong institution, but they also saw the total depravity of man’s heart. Thus, they saw that God has provided a solution to those marriages that are seriously defiled and irreparably damaged by human rebellion against God, "Because of your hardness of heart Moses allowed you to divorce your wives, but from the beginning it was not so" (Matt 19:8).
Chapter 24 of the Westminster Confession of Faith summarizes the Reformed position regarding marriage, divorce and remarriage:
Paragraph 1. Marriage is to be between one man and one woman (Gen 2:18-24).
Paragraph 3. It is the duty of Christians to marry only in the Lord. Therefore, those who profess the true reformed religion should not marry unbelievers (1 Cor. 7:39; 2 Cor. 6:14-18).
Paragraph 5: In the case of adultery after marriage it is lawful for the innocent party to seek a divorce and after the divorce to remarry just as if the offending party were dead (Matt 5:32; 19:9).
Paragraph 6:Nothing but adultery or such willful desertion as cannot be remedied by the church or the civil authorities is sufficient cause to dissolve the bond of marriage (1 Cor 7:15).
Notice that in Paragraph 6, the WCF allows remarriage after lawful divorce. In continuing his discussion with the Pharisees, Jesus said, "Whoever divorces his wife, except for sexual immorality, and marries another, commits adultery" (Matt 19:9). This implies that divorce–and remarriage afterwards–on the grounds of sexual immorality (and willful desertion in 1 Corinthians 7:15) are lawful, and thus are not considered adultery.
What constitutes sexual immorality? Is it only sleeping with a person who is not the husband or wife? Of course not, because the Greek word porneia includes a broad range of other sexual sins contrary to Scriptural standards: homosexuality, lesbianism, sodomy, harlotry, incest and bestiality. All of these violate the "one flesh" aspect of marriage.
What about willful desertion? Is it only packing one’s bag and leaving the house? Perhaps actions which are tantamount to desertion may be lawful grounds for divorce, as illustrated by the following examples: (1) the deliberate withholding of food, clothing, and sexual relations from the spouse; and (2) life-threatening spousal abuse, or any other actions that are destructive to the "cleaving" aspect of the marriage relationship.
The Westminster theologians recognized that God has clear guidelines in the matter of marriage, divorce and remarriage. They recognized that sinful man would abuse any gracious act of God, presuming that his grace is license to do whatever is right in their own eyes. He was gracious to the Jews in allowing divorce, but they then divorced their wives for any other cause in addition to sexual immorality and desertion (Matt 19:3). This was not God’s intention from creation, and it was not his intention when he granted them lawful divorce due to their hardness of heart.
Putting the Brakes on the Abuse of Divorce
Lawful annulment in the Philippines is commonly granted on the grounds of psychological incapacity, minority (a party below 18 even with the consent of parents), lack of authority of the solemnizing officer, absence of a marriage license, polygamy, mistaken identity, and incestuous marriage. Incest and polygamy fall in the lawful categories of sexual immorality and desertion, but the others are questionable pretexts at best. The only reason why annulment in the Philippines has not become an epidemic like divorce in the West is that only the very rich can afford the legal process.
If divorce is legalized, how is the church going to prevent its abuse, as can be seen in many other countries? Here, the true church has a great responsibility. First, premarital and marriage counseling is a must. One of the major reasons for failed marriages is the lack or absence of Biblical counseling. Second, the church has to be careful in determining whether the divorce is based on the Biblical grounds of sexual immorality or desertion. This process has to be done when a member files for divorce or intends to marry a divorced person; both cases have to have lawful grounds for divorce. Third, a member is to be subject to the elders of the church, and if he or she disobeys the determination and advise of the elders, he or she is to be subject to church discipline. Fourth, women who become "widows" (and their young children) because of divorce must be cared for by the benevolence of the church.
§
Historically, the Roman Catholic Church in the Philippines has always been a tough nut to crack in the matter of divorce, and most of the 80 percent of Filipinos who are Catholics remain loyal to their church. But this intransigence and ignorance of the Biblical grounds for divorce has had disastrous effects on the Filipino family, particularly on women and children. It had also put many churches in various difficult situations when its wayward members see that the most viable option for them is to continue their sinful relationships.
Why Opt for an International Divorce Overseas?
June 12, 2009
The globalization of the worldwide economy has led to a big increase in international marriages. Individuals traveling to other countries on business fall in love, marry and may reside in their spouse’s country for years. When the marriage begins to crumble, the split becomes an international division. The foreign spouse stays in his or her country, and the other returns to their country of origin.
In the case of this type of separation, it’s likely the couple won’t divorce before the spouse returns to his or her home country. In many cases, the spouse returns home months or even years before the couple decides on a final divorce.
Almost all international divorces involve complexities that make them much more challenging than regular divorces involving citizens and residents of only one country. There may be immigration consequences or implications regarding citizenship. In almost every international divorce, there are questions about jurisdiction. The courts and national laws of at least two countries will be involved, and possibly more if the couple resided in other foreign countries, too.
All of these complexities and special considerations present most divorce practitioners with problems they aren’t used to having to solve. The time it takes to research information on jurisdiction, to learn and prove foreign law and be prepared to make the best choices possible for their client will be substantial.
When an international divorce case ultimately proves too complex for a divorce attorney, the results can be disastrous for the couple involved. Excessive fees and costs, long delays and even the failure to obtain a divorce at all are some of the potential problems an international couple can face when trying to obtain a divorce in the U.S. or another country.
With so much potential for things to go wrong, it’s no wonder so many international couples end up staying married much longer than either spouse would prefer. Yet there’s a solution that can allow many international couples to divorce quickly and easily, especially if the divorce is by mutual consent.
In several overseas countries, it’s possible to obtain a legal divorce within hours or at most, days. Some of the countries that enable couples to divorce quickly, easily and at minimal expense include Haiti (ideal for unilateral or one way divorces), the Dominican Republic and Guam.
You can find out more about whether or not an overseas divorce is right for you by researching quality information on the Internet. VIP Divorce specializes in researching and facilitating international divorces offshore for global citizens. This is a much more efficient and cost-effective option than relying on a divorce practitioner familiar with only one country’s and one nationality’s divorce laws and legal issues.
The globalization of the worldwide economy has led to a big increase in international marriages. Individuals traveling to other countries on business fall in love, marry and may reside in their spouse’s country for years. When the marriage begins to crumble, the split becomes an international division. The foreign spouse stays in his or her country, and the other returns to their country of origin.
In the case of this type of separation, it’s likely the couple won’t divorce before the spouse returns to his or her home country. In many cases, the spouse returns home months or even years before the couple decides on a final divorce.
Almost all international divorces involve complexities that make them much more challenging than regular divorces involving citizens and residents of only one country. There may be immigration consequences or implications regarding citizenship. In almost every international divorce, there are questions about jurisdiction. The courts and national laws of at least two countries will be involved, and possibly more if the couple resided in other foreign countries, too.
All of these complexities and special considerations present most divorce practitioners with problems they aren’t used to having to solve. The time it takes to research information on jurisdiction, to learn and prove foreign law and be prepared to make the best choices possible for their client will be substantial.
When an international divorce case ultimately proves too complex for a divorce attorney, the results can be disastrous for the couple involved. Excessive fees and costs, long delays and even the failure to obtain a divorce at all are some of the potential problems an international couple can face when trying to obtain a divorce in the U.S. or another country.
With so much potential for things to go wrong, it’s no wonder so many international couples end up staying married much longer than either spouse would prefer. Yet there’s a solution that can allow many international couples to divorce quickly and easily, especially if the divorce is by mutual consent.
In several overseas countries, it’s possible to obtain a legal divorce within hours or at most, days. Some of the countries that enable couples to divorce quickly, easily and at minimal expense include Haiti (ideal for unilateral or one way divorces), the Dominican Republic and Guam.
You can find out more about whether or not an overseas divorce is right for you by researching quality information on the Internet. VIP Divorce specializes in researching and facilitating international divorces offshore for global citizens. This is a much more efficient and cost-effective option than relying on a divorce practitioner familiar with only one country’s and one nationality’s divorce laws and legal issues.
Delay Must Be Condoned(SC Judgement)
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 2395 OF 2008
IMPROVEMENT TRUST, LUDHIANA .. APPELLANT(S)
VERSUS
UJAGAR SINGH & ORS. .. RESPONDENT(S)
WITH CIVIL APPEAL NOS.2397 OF 2008
O R D E R
1 Heard counsel on either side at length. Records perused.
2 Even though both sides had cited several decisions of this Court on the scope and application of Section 5 of the Limitation Act, but it is neither necessary nor required to deal with those cases in the peculiar facts and circumstances of this case.
3 Land belonging to Respondent Nos. 1 to 4 was acquired by the appellant Improvement Trust, Ludhiana, for development scheme popularly known as “550 Acres Scheme”. Reference Court had passed the Award and fixed the amount of compensation at rupees 4,27,068.20 paise together with interest at the rate of 9% per annum from the date of the issuance of the notification in favour of Respondent Nos. 1 to 4. The appellant did not deposit the amount. Respondent Nos. 1 to 4 had to approach the Executing Court for recovery of the amount awarded. The property described as Khewat No.867 Khautani No.971 Khasra No.272 admeasuring 7K-18M entered in jamabandi for the year 1988-89 in village Jabaddi No.160 Tehsil and District Ludhiana was attached for realisation of the decretal amount. Later a notice under Order 21 Rule 66 of the Code of Civil Procedure (hereinafter shall be referred to as `C.P.C.’) was stated to have been issued to the appellant. However, despite service of notice, none appeared on behalf of the appellant /judgment debtor.
The property was put to an auction sale on 12/8/1992.
Respondent No. 5 herein, M/s. Jagan Singh and Company (hereinafter shall be referred to as `the Company’) offered Rs.22,65,000/-, and thus was declared as the highest bidder. Sale was knocked down in its favour,and later confirmed in its favour.
3 The appellant then woke up from its slumber and filed objections under Order 21 Rule 90 CPC raising various grounds. Executing Court then framed issues,reproduced by the learned Single Judge in the impugned order. The case was thereafter fixed for recording of the evidence of judgment-debtor on 19/3/1993, 17/4/1993, 8/5/1993 and 29/5/1993. However, on the aforesaid dates none appeared on behalf of the appellant. Consequently,the evidence of appellant/judgment debtor was closed.
As a necessary consequence thereof appellant’s objections came to be dismissed in default due to nonappearance.
5 Mr. P.K. Jain, Advocate used to appear for the appellant Trust, but did not appear on the above mentioned dates.
The order-sheet dated 29/5/1993 reproduced in the impugned order passed by the learned Single Judge reflected the same. Case was posted for confirmation of sale on 5/6/1993, again there was no appearance and the sale was confirmed in favour of respondent No.5. It is reported pursuant thereto sale deed was executed in its favour through court. Out of the bid amount of Rs.22,65,000/-the awarded amount due to respondents 1 to 4 was released, and remaining is lying in deposit with the Executing Court.
The appellant thereafter filed miscellaneous appeal before the District Judge, Ludhiana, challenging the correctness propriety and validity of the orders passed on 29/5/1993 and 5/6/1993, made over to Additional District Judge, Ludhiana. Said appeal was barred by limitation by two months and few days, exact delay has not been reflected in any of the orders. But after going through the files it appears that delay was for about two months and few days. An application under Section 5 of the Limitation Act was filed to condone delay but was dismissed by the Appellate Court stating therein that no good and sufficient grounds were shown for condonation of delay.
Consequently the appeal was also dismissed.
14 Thereafter, appellant under some mistaken advice filed
execution second appeal in the High Court of Punjab and
Haryana at Chandigarh registered as Execution Second
Appeal No. 820 of 1994. On objections being raised
with regard to its maintainability, in the light of
the specific bar created under Section 104 of the CPC,
learned Single Judge converted the appeal into civil
revision and proceeded to decide as such.
15 Respondent No.5 contended that no error was committed by
the Executing Court in dismissing the appellant’s
application for setting aside the sale. Similarly thefirst Appellate Court also committed no error in
dismissing the Appellant’s appeal as no good and
sufficient cause were shown for condoning delay. The
objections raised by respondent No.5 found favour by the
learned Single Judge of the High Court and the
appeal/revision of the appellant was dismissed on
9/5/2003. In the light of the aforesaid orders the
objections preferred by appellant herein purportedly
filed under Order 21 Rule 90 of the CPC met with the
fate of dismissal. Appellant also filed an application
for review of the order dated 9/5/2003 passed by High
Court under Order 47 Rule 1 of the CPC but was also
dismissed on 8/7/2004, against which C.A. No.
2395/2008 has been filed before this Court. Since
parties are same and common issues arise for
consideration they are heard analogously and disposed of by a common order.
Learned senior counsel appearing for appellant Mr. Salil
Sagar with Mr. Arun K. Sinha, contended that appellant had
been contesting the matter in right earnest right from
the very beginning and had implicit faith and confidence
in his Advocate Mr. P.K. Jain, who had been appearing for
the appellant not only in this case but in several other
cases. According to him there was no reason to doubt that
he would not appear on various dates of hearing and then
would not even inform the appellant about the progress of
the case. In other words, it has been contended that
whatever best was possible to be done by the appellant
that had been done, therefore even though there has been
some delay, on account of non-communication of the passing
of the impugned order challenged in appeal, delay should
have been condoned and the matter should not have been
thrown at the threshold. To show its bonafides various
order-sheets passed by Trial Court and the Executing Court
have been brought to our notice. The envelop maintained by
Mr. P.K.Jain, Advocate, for keeping the brief, has been
filed to show that dates of hearing were mentioned therein.
1 On the other hand, Mr. Vijay Hansaria, learned senior
counsel appearing for respondent No.5, with his polite
yet usual vehemence submitted that list of dates as
filed by the Company would show and reveal the callous
and negligent attitude of the appellant or its
Advocate, therefore no indulgence should be shown to
it. It was contended that the indifferent attitude of
the appellant in prosecuting the matter had not come to
an end and Appellant had learnt no lessons from its previous defaults.
2 Even though appeal was dismissed by First Appellate Court
on the ground of delay, stood confirmed by the High
Court but even the Special Leave Petition was delayed
by 258 days in refiling there was further delay of 90
days. No doubt it is true that this Court after
considering the appellant’s application was pleased to
condone delay and leave was granted. But this has been
argued by Mr. Vijay Hansaria to show the conduct,
behaviour and attitude of the appellant in prosecuting the matter.
3 Be that as it may, we are of the opinion that the delay in
filing the first appeal before District Judge,
Ludhiana, for setting aside the sale has not been so
huge warranting its dismissal on such hypertechnical
ground. In fact, according to us, appellant had taken
all possible steps to prosecute the matter within time.
Had there been an intimation sent to the appellant by
Mr. P.K. Jain, its erstwhile Advocate, and if even
thereafter appellant had acted callously then we could
have understood the negligent attitude of the appellant
but that was not the case here. No sooner the
appellant came to know about the dismissal of its
objection filed before the Executing
1 Court, under Order 21 Rule 90 of the CPC it made
enquiries and filed the appeal. While considering the
application for condonation of delay no straight jacket
formula is prescribed to come to the conclusion if
sufficient and good grounds have been made out or not.
Each case has to be weighed from its facts and the
circumstances in which the party acts and behaves. From
the conduct behaviour and attitude of the appellant it
cannot be said that it had been absolutely callous and
negligent in prosecuting the matter. Even though Mr.
Vijay Hansaria appearing for the respondent No.5 has
argued the matter at length and tried his best to
persuade us to come to the conclusion that no
sufficient grounds made out to interfere with the
concurrent findings of facts but we are afraid, we are
not satisfied with the line of arguments so adopted by
the counsel for respondent No.5 and cannot subscribe to the same.
After all, justice can be done only when the matter is
fought on merits and in accordance with law rather than
to dispose it of on such technicalities and that too at
the threshold. Both sides had tried to argue the
matter on merits but we refrain ourselves from touching
the merits of the matter as that can best be done by
the Executing Court which had denied an opportunity to
the appellant to lead evidence and to prove the issues so formulated.
In our opinion, ends of justice would be met by setting aside the impugned orders and matter is remitted to the Executing Court to consider and dispose of appellant’s objections filed under Order 21 Rule 90 of CPC on merits and in accordance with law, at an early date. It is pertinent to point out that unless malafides are write large on the conduct of the party, generally as a normal rule, delay should be condoned. In the legal arena, an attempt should always be made to allow the matter to be contested on merits rather than to throw it on such technalities.
Apart from the above, appellant would not have gained in any manner whatsoever, by not filing the appeal within the period of limitation. It is also worth noticing that delay was also not that huge, which could not have been condoned, without putting the respondents to harm or prejudice. It is the duty of the Court to see to it that justice should be done between the parties.
For the aforesaid reasons the impugned orders passed by Appellate Court, and order passed by the High Court,are hereby set aside and quashed. As a consequence,the matter stands remitted to the Executing Court for deciding the appellant’s application filed under Order 21 Rule 90 of CPC at an early date on merits. Since there are only two contesting parties to the litigation that is to say the appellant and respondent No.5, both would appear before the Executing Court on 20/7/2010.
Being an old case an endeavour would be made by the Executing Court to take up the case as far as possible, on day-to-day basis and no party would seek an undue adjournment in the matter. We make it clear that we have expressed no opinion, on the merits of the matter and any observation made herein would not be construed as an expression of opinion on merits.
4 We are conscious of the fact that respondent No.5 has been put to inconvenience and harassment as admittedly it had deposited a huge amount of Rs.22,65,000/- in the year 1992 but has not been able to get any fruits thereof till date. Therefore the appellant’s appeal is allowed subject to payment of Rs.50,000/- (Rupees fifty thousand) to respondent No.5 within three weeks hereof. Payment of cost is condition precedent, without which the appellant would not be allowed to prosecute its objections. The appeal therefore stands allowed to the aforesaid extent. The appellant to bear the cost through out. In the light of this order, other civil appeal No. 2397/2008 stands allowed to the aforesaid extent only.
(DEEPAK VERMA)
(K.S. RADHAKRISHNAN)
New Delhi,
June 9, 2010.
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 2395 OF 2008
IMPROVEMENT TRUST, LUDHIANA .. APPELLANT(S)
VERSUS
UJAGAR SINGH & ORS. .. RESPONDENT(S)
WITH CIVIL APPEAL NOS.2397 OF 2008
O R D E R
1 Heard counsel on either side at length. Records perused.
2 Even though both sides had cited several decisions of this Court on the scope and application of Section 5 of the Limitation Act, but it is neither necessary nor required to deal with those cases in the peculiar facts and circumstances of this case.
3 Land belonging to Respondent Nos. 1 to 4 was acquired by the appellant Improvement Trust, Ludhiana, for development scheme popularly known as “550 Acres Scheme”. Reference Court had passed the Award and fixed the amount of compensation at rupees 4,27,068.20 paise together with interest at the rate of 9% per annum from the date of the issuance of the notification in favour of Respondent Nos. 1 to 4. The appellant did not deposit the amount. Respondent Nos. 1 to 4 had to approach the Executing Court for recovery of the amount awarded. The property described as Khewat No.867 Khautani No.971 Khasra No.272 admeasuring 7K-18M entered in jamabandi for the year 1988-89 in village Jabaddi No.160 Tehsil and District Ludhiana was attached for realisation of the decretal amount. Later a notice under Order 21 Rule 66 of the Code of Civil Procedure (hereinafter shall be referred to as `C.P.C.’) was stated to have been issued to the appellant. However, despite service of notice, none appeared on behalf of the appellant /judgment debtor.
The property was put to an auction sale on 12/8/1992.
Respondent No. 5 herein, M/s. Jagan Singh and Company (hereinafter shall be referred to as `the Company’) offered Rs.22,65,000/-, and thus was declared as the highest bidder. Sale was knocked down in its favour,and later confirmed in its favour.
3 The appellant then woke up from its slumber and filed objections under Order 21 Rule 90 CPC raising various grounds. Executing Court then framed issues,reproduced by the learned Single Judge in the impugned order. The case was thereafter fixed for recording of the evidence of judgment-debtor on 19/3/1993, 17/4/1993, 8/5/1993 and 29/5/1993. However, on the aforesaid dates none appeared on behalf of the appellant. Consequently,the evidence of appellant/judgment debtor was closed.
As a necessary consequence thereof appellant’s objections came to be dismissed in default due to nonappearance.
5 Mr. P.K. Jain, Advocate used to appear for the appellant Trust, but did not appear on the above mentioned dates.
The order-sheet dated 29/5/1993 reproduced in the impugned order passed by the learned Single Judge reflected the same. Case was posted for confirmation of sale on 5/6/1993, again there was no appearance and the sale was confirmed in favour of respondent No.5. It is reported pursuant thereto sale deed was executed in its favour through court. Out of the bid amount of Rs.22,65,000/-the awarded amount due to respondents 1 to 4 was released, and remaining is lying in deposit with the Executing Court.
The appellant thereafter filed miscellaneous appeal before the District Judge, Ludhiana, challenging the correctness propriety and validity of the orders passed on 29/5/1993 and 5/6/1993, made over to Additional District Judge, Ludhiana. Said appeal was barred by limitation by two months and few days, exact delay has not been reflected in any of the orders. But after going through the files it appears that delay was for about two months and few days. An application under Section 5 of the Limitation Act was filed to condone delay but was dismissed by the Appellate Court stating therein that no good and sufficient grounds were shown for condonation of delay.
Consequently the appeal was also dismissed.
14 Thereafter, appellant under some mistaken advice filed
execution second appeal in the High Court of Punjab and
Haryana at Chandigarh registered as Execution Second
Appeal No. 820 of 1994. On objections being raised
with regard to its maintainability, in the light of
the specific bar created under Section 104 of the CPC,
learned Single Judge converted the appeal into civil
revision and proceeded to decide as such.
15 Respondent No.5 contended that no error was committed by
the Executing Court in dismissing the appellant’s
application for setting aside the sale. Similarly thefirst Appellate Court also committed no error in
dismissing the Appellant’s appeal as no good and
sufficient cause were shown for condoning delay. The
objections raised by respondent No.5 found favour by the
learned Single Judge of the High Court and the
appeal/revision of the appellant was dismissed on
9/5/2003. In the light of the aforesaid orders the
objections preferred by appellant herein purportedly
filed under Order 21 Rule 90 of the CPC met with the
fate of dismissal. Appellant also filed an application
for review of the order dated 9/5/2003 passed by High
Court under Order 47 Rule 1 of the CPC but was also
dismissed on 8/7/2004, against which C.A. No.
2395/2008 has been filed before this Court. Since
parties are same and common issues arise for
consideration they are heard analogously and disposed of by a common order.
Learned senior counsel appearing for appellant Mr. Salil
Sagar with Mr. Arun K. Sinha, contended that appellant had
been contesting the matter in right earnest right from
the very beginning and had implicit faith and confidence
in his Advocate Mr. P.K. Jain, who had been appearing for
the appellant not only in this case but in several other
cases. According to him there was no reason to doubt that
he would not appear on various dates of hearing and then
would not even inform the appellant about the progress of
the case. In other words, it has been contended that
whatever best was possible to be done by the appellant
that had been done, therefore even though there has been
some delay, on account of non-communication of the passing
of the impugned order challenged in appeal, delay should
have been condoned and the matter should not have been
thrown at the threshold. To show its bonafides various
order-sheets passed by Trial Court and the Executing Court
have been brought to our notice. The envelop maintained by
Mr. P.K.Jain, Advocate, for keeping the brief, has been
filed to show that dates of hearing were mentioned therein.
1 On the other hand, Mr. Vijay Hansaria, learned senior
counsel appearing for respondent No.5, with his polite
yet usual vehemence submitted that list of dates as
filed by the Company would show and reveal the callous
and negligent attitude of the appellant or its
Advocate, therefore no indulgence should be shown to
it. It was contended that the indifferent attitude of
the appellant in prosecuting the matter had not come to
an end and Appellant had learnt no lessons from its previous defaults.
2 Even though appeal was dismissed by First Appellate Court
on the ground of delay, stood confirmed by the High
Court but even the Special Leave Petition was delayed
by 258 days in refiling there was further delay of 90
days. No doubt it is true that this Court after
considering the appellant’s application was pleased to
condone delay and leave was granted. But this has been
argued by Mr. Vijay Hansaria to show the conduct,
behaviour and attitude of the appellant in prosecuting the matter.
3 Be that as it may, we are of the opinion that the delay in
filing the first appeal before District Judge,
Ludhiana, for setting aside the sale has not been so
huge warranting its dismissal on such hypertechnical
ground. In fact, according to us, appellant had taken
all possible steps to prosecute the matter within time.
Had there been an intimation sent to the appellant by
Mr. P.K. Jain, its erstwhile Advocate, and if even
thereafter appellant had acted callously then we could
have understood the negligent attitude of the appellant
but that was not the case here. No sooner the
appellant came to know about the dismissal of its
objection filed before the Executing
1 Court, under Order 21 Rule 90 of the CPC it made
enquiries and filed the appeal. While considering the
application for condonation of delay no straight jacket
formula is prescribed to come to the conclusion if
sufficient and good grounds have been made out or not.
Each case has to be weighed from its facts and the
circumstances in which the party acts and behaves. From
the conduct behaviour and attitude of the appellant it
cannot be said that it had been absolutely callous and
negligent in prosecuting the matter. Even though Mr.
Vijay Hansaria appearing for the respondent No.5 has
argued the matter at length and tried his best to
persuade us to come to the conclusion that no
sufficient grounds made out to interfere with the
concurrent findings of facts but we are afraid, we are
not satisfied with the line of arguments so adopted by
the counsel for respondent No.5 and cannot subscribe to the same.
After all, justice can be done only when the matter is
fought on merits and in accordance with law rather than
to dispose it of on such technicalities and that too at
the threshold. Both sides had tried to argue the
matter on merits but we refrain ourselves from touching
the merits of the matter as that can best be done by
the Executing Court which had denied an opportunity to
the appellant to lead evidence and to prove the issues so formulated.
In our opinion, ends of justice would be met by setting aside the impugned orders and matter is remitted to the Executing Court to consider and dispose of appellant’s objections filed under Order 21 Rule 90 of CPC on merits and in accordance with law, at an early date. It is pertinent to point out that unless malafides are write large on the conduct of the party, generally as a normal rule, delay should be condoned. In the legal arena, an attempt should always be made to allow the matter to be contested on merits rather than to throw it on such technalities.
Apart from the above, appellant would not have gained in any manner whatsoever, by not filing the appeal within the period of limitation. It is also worth noticing that delay was also not that huge, which could not have been condoned, without putting the respondents to harm or prejudice. It is the duty of the Court to see to it that justice should be done between the parties.
For the aforesaid reasons the impugned orders passed by Appellate Court, and order passed by the High Court,are hereby set aside and quashed. As a consequence,the matter stands remitted to the Executing Court for deciding the appellant’s application filed under Order 21 Rule 90 of CPC at an early date on merits. Since there are only two contesting parties to the litigation that is to say the appellant and respondent No.5, both would appear before the Executing Court on 20/7/2010.
Being an old case an endeavour would be made by the Executing Court to take up the case as far as possible, on day-to-day basis and no party would seek an undue adjournment in the matter. We make it clear that we have expressed no opinion, on the merits of the matter and any observation made herein would not be construed as an expression of opinion on merits.
4 We are conscious of the fact that respondent No.5 has been put to inconvenience and harassment as admittedly it had deposited a huge amount of Rs.22,65,000/- in the year 1992 but has not been able to get any fruits thereof till date. Therefore the appellant’s appeal is allowed subject to payment of Rs.50,000/- (Rupees fifty thousand) to respondent No.5 within three weeks hereof. Payment of cost is condition precedent, without which the appellant would not be allowed to prosecute its objections. The appeal therefore stands allowed to the aforesaid extent. The appellant to bear the cost through out. In the light of this order, other civil appeal No. 2397/2008 stands allowed to the aforesaid extent only.
(DEEPAK VERMA)
(K.S. RADHAKRISHNAN)
New Delhi,
June 9, 2010.
Marriage of minor couple valid, rules Delhi HC
Aug 12, 2010
NEW DELHI: In a rare judgment that may have far-reaching consequences, Delhi High Court on Wednesday came to the rescue of two minors who had got married against their parents' wishes, ruling that their wedding was "valid".
The court ruled that though the marriage flouted one of clauses in section 5 of the Hindu Marriage Act - which lays down the minimum age of marriage as 18 years for the bride and 21 for the groom - this in itself did not make the marriage void.
A division bench comprising Justices B D Ahmed and V K Jain said the clause which laid down the minimum age (clause III, section 5), wasn't one of the conditions stipulated in the Hindu Marriage Act that would render a marriage void.
"A Hindu marriage solemnized in contravention of clause III, section 5 of the HMA... does not fall in the category of voidable marriages," the bench ruled.
The court said that even under the Prohibition of Child Marriage Act, the marriage involving minors had not been declared as invalid. The Act just says that the marriage can be annulled on this ground if a plea is made by the minor partner.
"It is clear that where, earlier, a child marriage may not have been voidable under personal law, as in the case of the Hindu Marriage Act, by virtue of the section 3 of the Prohibition of Child marriage Act, it has explicitly been made voidable at the option of the child spouse. But nobody other than a party to the marriage can petition for its annulment," the court said.
It said the legislature while drafting the provisions of the Hindu Marriage Act had consciously left out marriages in contravention of the age stipulation from the category of void or invalid marriages.
The petitioner, Jitendra Kumar Sharma, who is not yet 18 years old, had sought the court's intervention after a criminal case was registered against him on the complaint of his 16-year-old wife's family. They alleged that the boy had abducted her.
The court ordered quashing of the FIR, which had booked the boy for kidnapping and rape, stating that "Poonam (the bride) has clearly stated that she left her home on her own and of her own free will...continuing proceedings pursuant to them would be an exercise in futility and would not be in the interest of justice".
The court added that even the offence under Section 9 of the Prohibition of Child Marriage Act, which provides for the punishment of a male adult above 18 years of age, was not made out as " Jitender is less than 18 years of age".
"We direct that Poonam is no longer required to be kept at Nirmal Chhaya. She is free to go with her husband and reside with him in his home. Jitender's father, brother and sister have assured this court that they will provide full support to the young couple," said the court.
NEW DELHI: In a rare judgment that may have far-reaching consequences, Delhi High Court on Wednesday came to the rescue of two minors who had got married against their parents' wishes, ruling that their wedding was "valid".
The court ruled that though the marriage flouted one of clauses in section 5 of the Hindu Marriage Act - which lays down the minimum age of marriage as 18 years for the bride and 21 for the groom - this in itself did not make the marriage void.
A division bench comprising Justices B D Ahmed and V K Jain said the clause which laid down the minimum age (clause III, section 5), wasn't one of the conditions stipulated in the Hindu Marriage Act that would render a marriage void.
"A Hindu marriage solemnized in contravention of clause III, section 5 of the HMA... does not fall in the category of voidable marriages," the bench ruled.
The court said that even under the Prohibition of Child Marriage Act, the marriage involving minors had not been declared as invalid. The Act just says that the marriage can be annulled on this ground if a plea is made by the minor partner.
"It is clear that where, earlier, a child marriage may not have been voidable under personal law, as in the case of the Hindu Marriage Act, by virtue of the section 3 of the Prohibition of Child marriage Act, it has explicitly been made voidable at the option of the child spouse. But nobody other than a party to the marriage can petition for its annulment," the court said.
It said the legislature while drafting the provisions of the Hindu Marriage Act had consciously left out marriages in contravention of the age stipulation from the category of void or invalid marriages.
The petitioner, Jitendra Kumar Sharma, who is not yet 18 years old, had sought the court's intervention after a criminal case was registered against him on the complaint of his 16-year-old wife's family. They alleged that the boy had abducted her.
The court ordered quashing of the FIR, which had booked the boy for kidnapping and rape, stating that "Poonam (the bride) has clearly stated that she left her home on her own and of her own free will...continuing proceedings pursuant to them would be an exercise in futility and would not be in the interest of justice".
The court added that even the offence under Section 9 of the Prohibition of Child Marriage Act, which provides for the punishment of a male adult above 18 years of age, was not made out as " Jitender is less than 18 years of age".
"We direct that Poonam is no longer required to be kept at Nirmal Chhaya. She is free to go with her husband and reside with him in his home. Jitender's father, brother and sister have assured this court that they will provide full support to the young couple," said the court.
Men are the best bosses: Women at the top are just too moody (and it's women themselves who say so)
Aug 12, 2010
They are hormonal, incapable of leaving their personal lives at home and only too happy to talk about their staff behind their backs.
Female bosses are a nightmare to work for, a survey of employees concludes.
And it is not just men who think so.
Two-thirds of women said they preferred a male boss because their straight-talking, ‘get to the point’ attitude makes them easier to deal with.
They are also much less likely to have a hidden agenda, suffer mood swings or get involved in office politics, workers said.
About 3,000 men and women were questioned for the research, with three- quarters of men agreeing that they would rather work for a man than a woman.
A quarter of women accused female bosses of backstabbing and bringing their personal lives into the office.
And a third of those polled said women with power are ‘loose cannons’ who often feel threatened by colleagues.
David Brown, of online recruitment firm www.UKJobs.net, which commissioned the research, said: ‘Incredibly both men and women are in total agreement that men make better bosses – 63 per cent of women and 75 per cent of men.
‘This indicates that while women are more than capable of progressing to a management role, some lack some of the key skills required to be a good boss.
‘No one is suggesting that women aren’t intelligent enough to be in senior positions, far from it, but perhaps-some need to be more approachable and less competitive.
‘People want to go to work knowing they will be given a fair chance and are supported 100 per cent by those they work with and for.’
Fifteen per cent of the workers questioned said female bosses were too ‘sharp tongued’ and a third said it was obvious when it was their ‘time of the month’ because of mood swings.
Other negative assessments included them being ‘too cliquey’, too competitive and spending too long worrying about their appearance.
Forty per cent said men were more able to distance themselves from politics and bitching and 14 per cent said they found them more reasonable than women.
Those who prefer a female boss said they did so because women are more approachable, friendly and understand when workers need time off to look after their children.
The study found that the average worker has had two female and three male bosses.
A third have left a job because they didn’t like their boss, and of these, the majority of women claimed they left because of a female manager.
They are hormonal, incapable of leaving their personal lives at home and only too happy to talk about their staff behind their backs.
Female bosses are a nightmare to work for, a survey of employees concludes.
And it is not just men who think so.
Two-thirds of women said they preferred a male boss because their straight-talking, ‘get to the point’ attitude makes them easier to deal with.
They are also much less likely to have a hidden agenda, suffer mood swings or get involved in office politics, workers said.
About 3,000 men and women were questioned for the research, with three- quarters of men agreeing that they would rather work for a man than a woman.
A quarter of women accused female bosses of backstabbing and bringing their personal lives into the office.
And a third of those polled said women with power are ‘loose cannons’ who often feel threatened by colleagues.
David Brown, of online recruitment firm www.UKJobs.net, which commissioned the research, said: ‘Incredibly both men and women are in total agreement that men make better bosses – 63 per cent of women and 75 per cent of men.
‘This indicates that while women are more than capable of progressing to a management role, some lack some of the key skills required to be a good boss.
‘No one is suggesting that women aren’t intelligent enough to be in senior positions, far from it, but perhaps-some need to be more approachable and less competitive.
‘People want to go to work knowing they will be given a fair chance and are supported 100 per cent by those they work with and for.’
Fifteen per cent of the workers questioned said female bosses were too ‘sharp tongued’ and a third said it was obvious when it was their ‘time of the month’ because of mood swings.
Other negative assessments included them being ‘too cliquey’, too competitive and spending too long worrying about their appearance.
Forty per cent said men were more able to distance themselves from politics and bitching and 14 per cent said they found them more reasonable than women.
Those who prefer a female boss said they did so because women are more approachable, friendly and understand when workers need time off to look after their children.
The study found that the average worker has had two female and three male bosses.
A third have left a job because they didn’t like their boss, and of these, the majority of women claimed they left because of a female manager.
(Judgement) Filing_of_case_under_498a_is_time_limited_to_3_years-sec_468_of_crpc
Hats off, to the Honorable JUSTICE SHIV NARAYAN DHINGRA, he seems to have a eye for fairness. He is one of the Hero's in India's corrupted judiciary.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Reserve: August 02, 2010
Date of Order: 10th August, 2010
+ Crl. M.C. No. 799/2009
% 10.08.2010
SUDHIR KAPUR & ORS. ..... Petitioner
Through: Mr.Sanjeev K. Grover, Advocate
versus
STATE & ANR. ..... Respondent
Through: Mr. O.P. Saxena, APP Mr. Pawan Narang & Mr. Puskal Gagoi, Advs. for R-2
JUSTICE SHIV NARAYAN DHINGRA
1. Whether reporters of local papers may be allowed to see the judgment?
2. To be referred to the reporter or not?
3. Whether judgment should be reported in Digest?
JUDGMENT
1. Present petition has been filed for quashing of FIR No. 540/07, registered against the petitioner at P.S. Defence Colony, under Section 498-A/406/34 IPC .
2. The marriage between the petitioner and the respondent had taken place on 4th March, 1984. The parties started living separate from each other in 1992. The petitioner filed a divorce petition against the respondent in 1996. The present FIR was lodged against the petitioner by wife under Section 498A/406 IPC after about 15 years of living separate from her husband and after about 11 years of filing the divorce petition.
3. It is argued by counsel for the respondent/wife that offence under Section 406 IPC was also involved and the dowry articles etc. of the wife were not given back. This averment has no substance. The wife had all opportunities right from 1992 onwards to demand back her articles, if any, lying with the husband. The very fact that wife did not demand any article from the husband after 1992 till lodging of FIR shows that there was no entrustment of property by wife to the husband or to his relatives. After husband had filed divorce petition, she had again opportunity to make an application before the concerned court under Hindu Marriage Act for the return of dowry articles, Istridhan, if any, under section 27 of the Act. Had there been any article lying with the husband, she would have moved the application. She did not initiate any such move, nor did she serve any notice on her husband or in laws for return of any of her articles lying with them. It is only when her appeal against the decree of divorce was dismissed by the High Court, and she preferred an SLP, she thought of lodging of an FIR also.
AUGUST 10, 2010
SHIV NARAYAN DHINGRA, J. acm
Source:
http://lobis.nic.in/dhc/SND/judgement/10-08-2010/SND10082010CRLMM7992009.pdf
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Reserve: August 02, 2010
Date of Order: 10th August, 2010
+ Crl. M.C. No. 799/2009
% 10.08.2010
SUDHIR KAPUR & ORS. ..... Petitioner
Through: Mr.Sanjeev K. Grover, Advocate
versus
STATE & ANR. ..... Respondent
Through: Mr. O.P. Saxena, APP Mr. Pawan Narang & Mr. Puskal Gagoi, Advs. for R-2
JUSTICE SHIV NARAYAN DHINGRA
1. Whether reporters of local papers may be allowed to see the judgment?
2. To be referred to the reporter or not?
3. Whether judgment should be reported in Digest?
JUDGMENT
1. Present petition has been filed for quashing of FIR No. 540/07, registered against the petitioner at P.S. Defence Colony, under Section 498-A/406/34 IPC .
2. The marriage between the petitioner and the respondent had taken place on 4th March, 1984. The parties started living separate from each other in 1992. The petitioner filed a divorce petition against the respondent in 1996. The present FIR was lodged against the petitioner by wife under Section 498A/406 IPC after about 15 years of living separate from her husband and after about 11 years of filing the divorce petition.
3. It is argued by counsel for the respondent/wife that offence under Section 406 IPC was also involved and the dowry articles etc. of the wife were not given back. This averment has no substance. The wife had all opportunities right from 1992 onwards to demand back her articles, if any, lying with the husband. The very fact that wife did not demand any article from the husband after 1992 till lodging of FIR shows that there was no entrustment of property by wife to the husband or to his relatives. After husband had filed divorce petition, she had again opportunity to make an application before the concerned court under Hindu Marriage Act for the return of dowry articles, Istridhan, if any, under section 27 of the Act. Had there been any article lying with the husband, she would have moved the application. She did not initiate any such move, nor did she serve any notice on her husband or in laws for return of any of her articles lying with them. It is only when her appeal against the decree of divorce was dismissed by the High Court, and she preferred an SLP, she thought of lodging of an FIR also.
4. Under Section 468 of Cr. P.C., the cognizance of an offence where the maximum sentence of imprisonment is up to 3 years, can be taken within 3 years. Under Section 498A/406 IPC maximum sentence is up to three years imprisonment. Thus the cognizance of the offences against petitioner cannot
Crl. M.C. No. 799 of 2009 be taken by the Court. The FIR lodged against the husband in respect of offences committed under Section 498A/406 IPC in 1992 or prior to that, is barred by limitation. I, therefore, allow the present petition and hereby quash FIR No. 540/2007, P.S. Defence Colony, New Delhi, registered under Sections 498A/406/34 IPC. The petition stands allowed.
AUGUST 10, 2010
SHIV NARAYAN DHINGRA, J. acm
Source:
http://lobis.nic.in/dhc/SND/judgement/10-08-2010/SND10082010CRLMM7992009.pdf
Wednesday, August 11, 2010
Affair Proof Your Relationship (from AP Police)
Oh whaa now AP Police are becoming Marriage councellors also! If you read this it advises couples to have SEX frequently!
Amazing I always thought the Police department website is to help catch Criminals, and the most wanted, not in AP Police website, they are Marriage councellors, now you know where your Tax money is going, what a bloody joke this force is! Have sex and leave them alone, got it?
http://apstatepolice.org/APPW/jsp/howDoIUser.do?method=secMenuTopics&topic=Affair Proof Relationship
Amazing I always thought the Police department website is to help catch Criminals, and the most wanted, not in AP Police website, they are Marriage councellors, now you know where your Tax money is going, what a bloody joke this force is! Have sex and leave them alone, got it?
http://apstatepolice.org/APPW/jsp/howDoIUser.do?method=secMenuTopics&topic=Affair Proof Relationship
Prevent Abuse of 498a (from AP Police Website)
Interesting, wonder how many women actually read this page before filing a false case?
http://apstatepolice.org/APPW/jsp/howDoIUser.do?method=secMenuTopics&topic=Abusing 498A
http://apstatepolice.org/APPW/jsp/howDoIUser.do?method=secMenuTopics&topic=Abusing 498A
Ladies Special, Signs of a Cheating Husband (From AP Police website)
Yeah only Men Cheat! I guess this can be reversed and used for Women also! Thanks goes to Feminazi crew for their work and support for this nonsence!
http://apstatepolice.org/APPW/jsp/howDoIUser.do?method=secMenuTopics&topic=Signs of a cheating Husband
Read Police Advice to women in Andhra and Check your conduct with the following Scale:-
When you access the official Andhra Pradesh Police Web site, apstatepolice.org, you may expect the latest 'Wanted' list to crop up. No that would be hard work!
Have you detected any of the following?
* Has he become short-tempered with you or children?
* Does he want to be out more now, whereas before he was happy to be at home with you?
* Does he stay awake later at night? This may be so that he can phone, SMS or email 'her' once you've gone to bed or simply in the hope that you'll be asleep before he gets into bed.
* Suspicious cell phone behaviour: Has he become possessive of his cellphone? Does he keep it closeby whenever you're nearby? Men who cheat use their cell phone to communicate with the other women. Unless they are totally stupid and use their home phone number. Look for him erasing his call logs and messages constantly.
* Does he insist on answering the phone and talks in coded mode if you are around or feels uncomfortable by your presence?
* Has he become more possessive toward his wallet, pocket calendar or briefcase?
* Has he started avoiding you in the home? Doesn't look into your eyes straight?
* Does he go out for longer and more frequent walks?
* No more arguing: Has he become docile when arguments arise? Men do not like confrontation when they are cheating, they will do whatever it takes to avoid any type of heated confrontation.
* Has he lost interest in things he used to be passionate about, say a particular sport or a particular hobby?
* All of a sudden has he starts talking about getting together with old friends he hasn't seen in years and about whom he has never spoken of to you?
* Have you noticed him suddenly being more knowledgeable about women's clothing, perfume or jewellery? If so he could be buying gifts for another woman.
* Has he started to take an interest in something that you know he was never previously bothered about?
* Has he stopped leaving his clothes lying around or started doing any of his own washing, maybe because there are revealing smells or marks on them?
* Has he started encouraging you to go alone to visit parents or friends nowadays?
* Has he started attending extended seminars/official/business trips or going on tours he never used to attend and go before with that frequency?
* Did he remember things he had forgotten to do at the office and wants to leave immediately at odd hours?
* Does he forget to wear the wedding ring sometimes?
* Does he make a point of keeping the car/bike free of things belonging to you or the kids?
* Has he has started keeping an overnight bag in his car or office, apparently for a workout?
These signs of a cheating husband appearing now and then may not mean anything in isolation, but if you notice a number of them happening with a pattern, you should take them as a warning signs that there's probably something wrong going on. You must take corrective steps to save your marriage.
http://apstatepolice.org/APPW/jsp/howDoIUser.do?method=secMenuTopics&topic=Signs of a cheating Husband
Read Police Advice to women in Andhra and Check your conduct with the following Scale:-
When you access the official Andhra Pradesh Police Web site, apstatepolice.org, you may expect the latest 'Wanted' list to crop up. No that would be hard work!
Have you detected any of the following?
* Has he become short-tempered with you or children?
* Does he want to be out more now, whereas before he was happy to be at home with you?
* Does he stay awake later at night? This may be so that he can phone, SMS or email 'her' once you've gone to bed or simply in the hope that you'll be asleep before he gets into bed.
* Suspicious cell phone behaviour: Has he become possessive of his cellphone? Does he keep it closeby whenever you're nearby? Men who cheat use their cell phone to communicate with the other women. Unless they are totally stupid and use their home phone number. Look for him erasing his call logs and messages constantly.
* Does he insist on answering the phone and talks in coded mode if you are around or feels uncomfortable by your presence?
* Has he become more possessive toward his wallet, pocket calendar or briefcase?
* Has he started avoiding you in the home? Doesn't look into your eyes straight?
* Does he go out for longer and more frequent walks?
* No more arguing: Has he become docile when arguments arise? Men do not like confrontation when they are cheating, they will do whatever it takes to avoid any type of heated confrontation.
* Has he lost interest in things he used to be passionate about, say a particular sport or a particular hobby?
* All of a sudden has he starts talking about getting together with old friends he hasn't seen in years and about whom he has never spoken of to you?
* Have you noticed him suddenly being more knowledgeable about women's clothing, perfume or jewellery? If so he could be buying gifts for another woman.
* Has he started to take an interest in something that you know he was never previously bothered about?
* Has he stopped leaving his clothes lying around or started doing any of his own washing, maybe because there are revealing smells or marks on them?
* Has he started encouraging you to go alone to visit parents or friends nowadays?
* Has he started attending extended seminars/official/business trips or going on tours he never used to attend and go before with that frequency?
* Did he remember things he had forgotten to do at the office and wants to leave immediately at odd hours?
* Does he forget to wear the wedding ring sometimes?
* Does he make a point of keeping the car/bike free of things belonging to you or the kids?
* Has he has started keeping an overnight bag in his car or office, apparently for a workout?
These signs of a cheating husband appearing now and then may not mean anything in isolation, but if you notice a number of them happening with a pattern, you should take them as a warning signs that there's probably something wrong going on. You must take corrective steps to save your marriage.
Womens Corner, Domestic Violence (From AP Police Website)
Interesting website, to help women make a false complaint to Police, what happens when the role is reversed and the violence is from the women on the Man? I guess then its ok, how much harm can a poor women cause?
Look specifically at the Yellow Triangular sign on the right hand side of the website, it show a Man with a big Rod, and a drink bottle about to Beat a women. I guess every man has to use his Rod sometimes? I guess the man needs to beat the women with the Rod to stun her then finish her off with the glass bottle.
This shows how Pathetic the Police Departments are in India to have such signs, and how deep the Feminazi's claws reach! It is quit hypocritcal, since the vast majority of Police in India are Drunks, and abuse their wives!
http://apstatepolice.org/APPW/jsp/howDoIUser.do?method=secMenuTopics&topic=Domestic Voilence
Look specifically at the Yellow Triangular sign on the right hand side of the website, it show a Man with a big Rod, and a drink bottle about to Beat a women. I guess every man has to use his Rod sometimes? I guess the man needs to beat the women with the Rod to stun her then finish her off with the glass bottle.
This shows how Pathetic the Police Departments are in India to have such signs, and how deep the Feminazi's claws reach! It is quit hypocritcal, since the vast majority of Police in India are Drunks, and abuse their wives!
http://apstatepolice.org/APPW/jsp/howDoIUser.do?method=secMenuTopics&topic=Domestic Voilence
Drunken mother-of-four who had alleyway sex with soldier jailed for crying rape 'to hide shame'
Aug 10, 2010
A mother-of-four who lied about being raped because she was ashamed of having sex with a soldier in an alleyway has been jailed for 15 months.
Cheryl Moss, 26, wasted 180 hours of police time and £5,500 of taxpayers' money before finally admitting the allegation was false.
The single mother pleaded guilty to perverting the course of justice after police found nearly an hour's CCTV footage of the consensual intercourse taking place.
Moss had been drunk when she struck up a conversation with 19-year-old soldier Martin Devine in a nightclub in Bournemouth, Dorset.
They left the club and had sex in a back alleyway which lasted for nearly an hour.
Moss even gave the trainee soldier her mobile phone number before they said goodbye.
But the court heard she then became distressed after the sordid event and caught a taxi home, where a friend found her crying.
The friend assumed she had been assaulted and called the police and Moss claimed she been raped.
Despite being made aware of the CCTV Moss, an unemployed cleaner, maintained the allegation for a further month, forcing police to investigate.
A team of six detectives, seven uniformed officers and civilian staff were involved in the month-long probe.
Mr Devine, who was nearing the end of a gunnery course at Lulworth Camp at the time before being posted to Afghanistan, was interviewed by police but never arrested.
It was only after a month later, after failing to attend police interviews, that the separated mum finally confessed she had made the allegation up.
Moss wept hysterically through the court hearing and was sentenced to 15 months in prison.
Heather Shimmen, prosecuting, said Moss met Mr Devine, from Kettering, at the Toko nightclub in Bournemouth on a night out on November 7 last year.
She said: 'She claimed she had been raped by a soldier she had met whilst out.
'In making her allegation she stated that the soldier had taken her down the alley and forced himself on her even though she asked him to stop on many occasions.
'By November 12, officers recovered CCTV showing the location of the incident. It was of good quality, lasted for 57 minutes and showed the incident in question.
'It clearly showed sexual intercourse which was consensual. She initiated contact between the two parties.
'When officers spoke to her about the CCTV she maintained it was true.
'Her response was that it was not consenting. She said "it made me feel uncomfortable and dirty."
'She said she wanted the male arrested and was happy to go to court.
'The soldier was never arrested but the allegations were put to him. His account matched what was seen on CCTV.
'He said Miss Moss had given him her phone number and that he had texted her the following day.'
The court heard Miss Moss did not attend a further interview with the police.
On December 2, she stated she no longer wished to pursue the complaint and apologised for wasting police time.
By that time, the investigation had already wasted 180 hours of police time and cost £5,496 of taxpayers' money - excluding legal costs.
Anne Brown, defending, said: 'It's a classic case of someone who has done something when heavily in drink and is overwhelmed by feelings of enormous shame.
'They cannot believe how they have behaved and immediately start making excuses as to why they have behaved in such a degrading fashion.
'She has then immediately become very distressed. When she gets home, she is sobbing very heavily. Her friend sees her and immediately assumes that something has gone wrong.
'Her friend telephoned the police and she is then in a very difficult position.
'Not familiar with the criminal justice system, she is not aware of the enormity of what she is doing. When she realises it, the pressure is on and police are engaged.
'She starts to realise how serious it is and it become incredibly difficult to face up to what she has done.'
Jailing her at Bournemouth Crown Court, judge Samuel Wiggs said: 'What you did was very serious.
'There is the enormous expenditure of police time which could have been used elsewhere to greater effect then investigating the allegations you made.
'Second is the obvious effect on the man you accused.
'Fortunately he was never arrested because it became clear very quickly that it was unlikely that what you were saying was the truth.
'It must have been very frightening for him that he might at some stage be charged with the extremely serious offence of rape.
'Even if he was acquitted it would be difficult to put away completely because people sometimes say there is no smoke without fire.
'I cannot avoid a prison sentence; it is too serious for that.'
A mother-of-four who lied about being raped because she was ashamed of having sex with a soldier in an alleyway has been jailed for 15 months.
Cheryl Moss, 26, wasted 180 hours of police time and £5,500 of taxpayers' money before finally admitting the allegation was false.
The single mother pleaded guilty to perverting the course of justice after police found nearly an hour's CCTV footage of the consensual intercourse taking place.
Moss had been drunk when she struck up a conversation with 19-year-old soldier Martin Devine in a nightclub in Bournemouth, Dorset.
They left the club and had sex in a back alleyway which lasted for nearly an hour.
Moss even gave the trainee soldier her mobile phone number before they said goodbye.
But the court heard she then became distressed after the sordid event and caught a taxi home, where a friend found her crying.
The friend assumed she had been assaulted and called the police and Moss claimed she been raped.
Despite being made aware of the CCTV Moss, an unemployed cleaner, maintained the allegation for a further month, forcing police to investigate.
A team of six detectives, seven uniformed officers and civilian staff were involved in the month-long probe.
Mr Devine, who was nearing the end of a gunnery course at Lulworth Camp at the time before being posted to Afghanistan, was interviewed by police but never arrested.
It was only after a month later, after failing to attend police interviews, that the separated mum finally confessed she had made the allegation up.
Moss wept hysterically through the court hearing and was sentenced to 15 months in prison.
Heather Shimmen, prosecuting, said Moss met Mr Devine, from Kettering, at the Toko nightclub in Bournemouth on a night out on November 7 last year.
She said: 'She claimed she had been raped by a soldier she had met whilst out.
'In making her allegation she stated that the soldier had taken her down the alley and forced himself on her even though she asked him to stop on many occasions.
'By November 12, officers recovered CCTV showing the location of the incident. It was of good quality, lasted for 57 minutes and showed the incident in question.
'It clearly showed sexual intercourse which was consensual. She initiated contact between the two parties.
'When officers spoke to her about the CCTV she maintained it was true.
'Her response was that it was not consenting. She said "it made me feel uncomfortable and dirty."
'She said she wanted the male arrested and was happy to go to court.
'The soldier was never arrested but the allegations were put to him. His account matched what was seen on CCTV.
'He said Miss Moss had given him her phone number and that he had texted her the following day.'
The court heard Miss Moss did not attend a further interview with the police.
On December 2, she stated she no longer wished to pursue the complaint and apologised for wasting police time.
By that time, the investigation had already wasted 180 hours of police time and cost £5,496 of taxpayers' money - excluding legal costs.
Anne Brown, defending, said: 'It's a classic case of someone who has done something when heavily in drink and is overwhelmed by feelings of enormous shame.
'They cannot believe how they have behaved and immediately start making excuses as to why they have behaved in such a degrading fashion.
'She has then immediately become very distressed. When she gets home, she is sobbing very heavily. Her friend sees her and immediately assumes that something has gone wrong.
'Her friend telephoned the police and she is then in a very difficult position.
'Not familiar with the criminal justice system, she is not aware of the enormity of what she is doing. When she realises it, the pressure is on and police are engaged.
'She starts to realise how serious it is and it become incredibly difficult to face up to what she has done.'
Jailing her at Bournemouth Crown Court, judge Samuel Wiggs said: 'What you did was very serious.
'There is the enormous expenditure of police time which could have been used elsewhere to greater effect then investigating the allegations you made.
'Second is the obvious effect on the man you accused.
'Fortunately he was never arrested because it became clear very quickly that it was unlikely that what you were saying was the truth.
'It must have been very frightening for him that he might at some stage be charged with the extremely serious offence of rape.
'Even if he was acquitted it would be difficult to put away completely because people sometimes say there is no smoke without fire.
'I cannot avoid a prison sentence; it is too serious for that.'
Let us live in: Man who married first cousin moves court
Aug 9, 2010
The Bombay High Court will now decide if the right to a live-in relationship can be extended to two consenting adults and first cousins.
Inderpal Walia, a 37-year-old merchant navy officer who married his first cousin Harmandeep in 2009, has moved a writ petition of habeas corpus in the HC after his wife was forcibly taken away by her family in September 2009.
Walia’s counsel Bhavesh Parmar, while admitting, that their marriage is null and void under the Hindu Marriage Act (HMA, 1955), argues that while as cousins they may not be allowed to marry, they have the right to live together as consenting adults.
“After all,” he argues, “There has been a plethora of judgments by the Supreme Court which has allowed consenting majors to live together. We have pleaded the same in our arguments that will be submitted across the bench.”
Walia claims, despite his efforts to establish contact with his 19-year-old wife, he has not seen or heard from her since September 13 last year. The primary concern, adds Parmar, is to produce Harmandeep in court.
In his petition he has detailed the dramatic circumstances under which they met and married according to Arya Samaj rituals in Mumbai. However, he alleges, on September 13, she was whisked away by her mother and relatives pretending to orchestrate a reunion with her ailing father.
When Walia tried to stop them by pulling the chain of the Frontier Mail, in which they were travelling, he was fined. The family, with Harmandeep, disappeared after the train reached Surat.
Parmar adds, “The girl’s family has filed a divorce proceeding in the district court at Amritsar where they have admitted the marriage took place at the insistence of some relatives.
As per law, the marriage is void and there is no question of divorce. But she is a major and as per the Supreme Court judgment she can be in a live-in with my client, who is also a major.”
It may be noted that a division bench of Justice B H Marlapalle and Justice Roshan S Dalvi which heard the matter has already issued notices to the girl’s family including her father to produce Harmandeep before the court and they were supposed to do the same on August 9, but none were present in the court on Monday.
When contacted, Harmandeep’s mother did not allow us to talk to her, but said, “We could not make it because my husband is not keeping well. Our daughter was not happy with him.”
The HC will now deliberate on the matter, which could seriously challenge the way society has traditionally defined incest and intimacy between two consenting individuals.
What the Hindu Marriage act says
Prominent family lawyer Mrunalini Deshmukh says that Section 5 of the HMA define a valid marriage.
“The provisions have been based on Hindu law which was earlier uncodified but now has been codified. Under HMA, marriage between Sapindas (individuals from the same pind) is prohibited and also where parties are within the degree of prohibited relationship, marriage is prohibited, unless of course there is a specific custom that allows them to do so,” she said.
Blood related marriages are called consanguineous marriages - sanguine meaning blood - this is to prevent any genetic problem in the offspring. Marriages within the gene pool may lead to abnormality in the offspring, says Deshmukh.
“But the law is still not pronounced on whether or not individuals who fall within these categories, which are prohibited under law to marry each other, can live-in. It will be interesting to see the outcome of such issues,” she added.
The Bombay High Court will now decide if the right to a live-in relationship can be extended to two consenting adults and first cousins.
Inderpal Walia, a 37-year-old merchant navy officer who married his first cousin Harmandeep in 2009, has moved a writ petition of habeas corpus in the HC after his wife was forcibly taken away by her family in September 2009.
Walia’s counsel Bhavesh Parmar, while admitting, that their marriage is null and void under the Hindu Marriage Act (HMA, 1955), argues that while as cousins they may not be allowed to marry, they have the right to live together as consenting adults.
“After all,” he argues, “There has been a plethora of judgments by the Supreme Court which has allowed consenting majors to live together. We have pleaded the same in our arguments that will be submitted across the bench.”
Walia claims, despite his efforts to establish contact with his 19-year-old wife, he has not seen or heard from her since September 13 last year. The primary concern, adds Parmar, is to produce Harmandeep in court.
In his petition he has detailed the dramatic circumstances under which they met and married according to Arya Samaj rituals in Mumbai. However, he alleges, on September 13, she was whisked away by her mother and relatives pretending to orchestrate a reunion with her ailing father.
When Walia tried to stop them by pulling the chain of the Frontier Mail, in which they were travelling, he was fined. The family, with Harmandeep, disappeared after the train reached Surat.
Parmar adds, “The girl’s family has filed a divorce proceeding in the district court at Amritsar where they have admitted the marriage took place at the insistence of some relatives.
As per law, the marriage is void and there is no question of divorce. But she is a major and as per the Supreme Court judgment she can be in a live-in with my client, who is also a major.”
It may be noted that a division bench of Justice B H Marlapalle and Justice Roshan S Dalvi which heard the matter has already issued notices to the girl’s family including her father to produce Harmandeep before the court and they were supposed to do the same on August 9, but none were present in the court on Monday.
When contacted, Harmandeep’s mother did not allow us to talk to her, but said, “We could not make it because my husband is not keeping well. Our daughter was not happy with him.”
The HC will now deliberate on the matter, which could seriously challenge the way society has traditionally defined incest and intimacy between two consenting individuals.
What the Hindu Marriage act says
Prominent family lawyer Mrunalini Deshmukh says that Section 5 of the HMA define a valid marriage.
“The provisions have been based on Hindu law which was earlier uncodified but now has been codified. Under HMA, marriage between Sapindas (individuals from the same pind) is prohibited and also where parties are within the degree of prohibited relationship, marriage is prohibited, unless of course there is a specific custom that allows them to do so,” she said.
Blood related marriages are called consanguineous marriages - sanguine meaning blood - this is to prevent any genetic problem in the offspring. Marriages within the gene pool may lead to abnormality in the offspring, says Deshmukh.
“But the law is still not pronounced on whether or not individuals who fall within these categories, which are prohibited under law to marry each other, can live-in. It will be interesting to see the outcome of such issues,” she added.
Tuesday, August 10, 2010
Woman uses card game to murder paramour
Aug 9, 2010
In a bizarre game of death, a woman in Mumbai lured her paramour into a card game, in which one of the players is blindfolded, and bludgeoned him to death with an iron rod while he was blindfolded.
Sunita Sadanand Waghmare (30), used this ploy to murder Devidas Ghodmare (32) in Nallasopara in late July, but was arrested from a hideout in Chandrapur on Sunday, police said.
They added that Ghodmare had threatened to sell the woman to a brothel in Mumbai, which prima facie appears to be the cause behind the murder.
Ghodmare and Sunita are both residents of Chandrapur. Since the past several years, both were in love, inspite of Sunita being married. Ghodmare, however, was a bachelor.
A few years ago, Ghodmare shifted base to a site in Perne phata in Pune, where he worked with a civil contractor as a supervisor. Soon, Sunita joined him, and worked in the contractor's office, doing menial jobs.
Since his employer also had some civil works going on in Nallasopara, Ghodmare shifted base there this year, and as Sunita was alone, she also joined him. Both stayed in a chawl in Evershine Nallasopara.
Police said the duo would enter into regular tiffs over trivial issues. During one such altercation, Ghodmare threatened Sunita that he will sell her into a brothel in Mumbai if she did not stop the fights.
Also, since Sunita was a stranger in the city, Ghodmare was aware of her helplessness, said API Valmik Patil of Nallasopara police station.
On July 25, fed up with the threats, Sunita decided to get rid of Ghodmare. She lured him to play ‘Do Patti’, a card game where one player's eyes are blindfolded while the other hides the card.
Once the card is hidden, the blindfolded player is allowed to remove the blindfold, and has to search for the hidden card. In the first two games, Ghodmare won, and thus built up his confidence.
During the third game, when Ghodmare's eyes were blindfolded with a handkerchief, Sunita, who had already stolen iron rods used in construction, hit him with the rod on his head, rupturing his skull and killing him instantly.
She had also tied his hands and legs. Sunita then fled from the site.
In a bizarre game of death, a woman in Mumbai lured her paramour into a card game, in which one of the players is blindfolded, and bludgeoned him to death with an iron rod while he was blindfolded.
Sunita Sadanand Waghmare (30), used this ploy to murder Devidas Ghodmare (32) in Nallasopara in late July, but was arrested from a hideout in Chandrapur on Sunday, police said.
They added that Ghodmare had threatened to sell the woman to a brothel in Mumbai, which prima facie appears to be the cause behind the murder.
Ghodmare and Sunita are both residents of Chandrapur. Since the past several years, both were in love, inspite of Sunita being married. Ghodmare, however, was a bachelor.
A few years ago, Ghodmare shifted base to a site in Perne phata in Pune, where he worked with a civil contractor as a supervisor. Soon, Sunita joined him, and worked in the contractor's office, doing menial jobs.
Since his employer also had some civil works going on in Nallasopara, Ghodmare shifted base there this year, and as Sunita was alone, she also joined him. Both stayed in a chawl in Evershine Nallasopara.
Police said the duo would enter into regular tiffs over trivial issues. During one such altercation, Ghodmare threatened Sunita that he will sell her into a brothel in Mumbai if she did not stop the fights.
Also, since Sunita was a stranger in the city, Ghodmare was aware of her helplessness, said API Valmik Patil of Nallasopara police station.
On July 25, fed up with the threats, Sunita decided to get rid of Ghodmare. She lured him to play ‘Do Patti’, a card game where one player's eyes are blindfolded while the other hides the card.
Once the card is hidden, the blindfolded player is allowed to remove the blindfold, and has to search for the hidden card. In the first two games, Ghodmare won, and thus built up his confidence.
During the third game, when Ghodmare's eyes were blindfolded with a handkerchief, Sunita, who had already stolen iron rods used in construction, hit him with the rod on his head, rupturing his skull and killing him instantly.
She had also tied his hands and legs. Sunita then fled from the site.
The UN's human rights charade
The UN's human rights charade
Do we really need a UN Super agency for Women? Read the articles below, and watch the video. Must watch.
The UN's human rights charade
March 31, 2007
Once again, the newly minted United Nations Human Rights Council has proven itself to be just as cynical and useless as the UN Commission on Human Rights it replaced last year.
On Friday, the Council wrapped up its forth session since its inception. Despite evidence from its own investigators that the genocide in the Darfur region of Sudan is being perpetrated by that country's dictatorial Islamist government, the Council was unable even to call the mass killings a genocide, much less pin blame on Khartoum. Muslim and African representatives would permit only an expression of "deep concern" for the murder of hundreds of thousands, the displacement of two million or more, and the systematic rape of women and girls.
The point of reconstituting the old commission as the new council a year ago was to prevent such shams. But the new body has been as wilfully blind as the one it superseded. The world would probably be better off if it were disbanded.
This unwillingness to "name names" is part of a new trend at the UN. Last fall, one of the General Assembly's six standing policy committees recommended an end to "name-and-shame" human-rights reports that single out particular countries for criticism. Human-rights experts within the organization recommended, instead, working quietly with abuser nations to convince them to end the murder, torture, maiming and political imprisonment of dissident citizens. Some good that would do.
Too many UN member states already scoff at the body's rebukes. The UN has no standing army with which to protect human rights, and economic sanctions almost never work because some country or other will ignore them.
Such is the case with Sudan and its actions in Darfur.
China--itself one of the worst rights abusers in the world--has long protected Sudan from censure at the UN, and has continued to prop up the Khartoum regime with trade and aid.
Still, on a symbolic level, it is a shame the UN Human Rights Commission was not more forthright in its condemnations of Sudan. Two weeks ago, its own fact-finding mission ruled that Sudan's government "has manifestly failed to protect the population of Darfur from large-scale international crimes, and has itself orchestrated and participated in those crimes." Friday, the commission voted merely to "take note" of the report.
Many argue that there is nothing short of all-out military invasion that the West could do to stop the Darfur genocide. But since it is unlikely that any Western nation -- including Canada -- will devote a sizeable force to such an enterprise, other options should be explored.
The National Post is currently running a series of essays commissioned by STAND Canada (Students Taking Action Now: Darfur) outlining some of these options. In one instalment appearing in Thursdays's edition, for instance, former Liberal cabinet ministers Lloyd Axworthy and Allan Rock argued for increased name-and-shame diplomacy, the freezing of Khartoum's ruling generals' Western assets, as well as a protective force of at least 20,000 troops assembled in concert with the African Union. These are all ideas worth trying. And since the UN clearly isn't going to take the initiative in Sudan, the community of civilized nations should.
While we are on the subject, it is worth nothing that the UN's new prohibition on name-and-shame comes with certain notable exceptions. In the same month the commission refused to hear tales of mass rape in Sudan and Burma, the UN was accepting motions from Iran, China, Russia, Cuba and other abusers condemning the United States and Canada for their human rights records. Canada was also singled out for its official use of the term "visible minorities," which the UN declared an expression of racism.
Then there is Israel, which has been a subject of obsession at the United Nations since the Jewish State came into being six decades ago.
As Hillel Neuer, executive director of the NGO United Nations Watch, told the 4th plenary session of the UN Human Rights Council on March 23, the Council has ignored crises all over the world -- from Darfur to Zimbabwe to Central Asia to Arabon-Arab killings in Gaza -- all the while passing resolution after resolution against the Middle East's only true democracy.
It was a trenchant critique that went right to the core of the Council's failings. So how did the Council's President, Mexico's Luis Alfonso De Alba, respond? By shooting the messenger, of course.
"For the first time in this session I will not express thanks for that statement," he huffed. "I will not tolerate any similar statements in the Council. The way in which members of this Council were referred to, and indeed the way in which the Council itself was referred to, all of this is inadmissible ? I would urge you in any future statements to observe some minimum proper conduct and language. Otherwise, any statement you make in similar tones to those used today will be taken out of the records."
His defensive outburst is a fitting symbol of what the Human Rights Council has become. Killing thousands in Darfur -- that's not so bad. But having the guts to tell the Council what a joke it's become -- well, that's truly unforgivable.
Do we really need a UN Super agency for Women? Read the articles below, and watch the video. Must watch.
The UN's human rights charade
March 31, 2007
Once again, the newly minted United Nations Human Rights Council has proven itself to be just as cynical and useless as the UN Commission on Human Rights it replaced last year.
On Friday, the Council wrapped up its forth session since its inception. Despite evidence from its own investigators that the genocide in the Darfur region of Sudan is being perpetrated by that country's dictatorial Islamist government, the Council was unable even to call the mass killings a genocide, much less pin blame on Khartoum. Muslim and African representatives would permit only an expression of "deep concern" for the murder of hundreds of thousands, the displacement of two million or more, and the systematic rape of women and girls.
The point of reconstituting the old commission as the new council a year ago was to prevent such shams. But the new body has been as wilfully blind as the one it superseded. The world would probably be better off if it were disbanded.
This unwillingness to "name names" is part of a new trend at the UN. Last fall, one of the General Assembly's six standing policy committees recommended an end to "name-and-shame" human-rights reports that single out particular countries for criticism. Human-rights experts within the organization recommended, instead, working quietly with abuser nations to convince them to end the murder, torture, maiming and political imprisonment of dissident citizens. Some good that would do.
Too many UN member states already scoff at the body's rebukes. The UN has no standing army with which to protect human rights, and economic sanctions almost never work because some country or other will ignore them.
Such is the case with Sudan and its actions in Darfur.
China--itself one of the worst rights abusers in the world--has long protected Sudan from censure at the UN, and has continued to prop up the Khartoum regime with trade and aid.
Still, on a symbolic level, it is a shame the UN Human Rights Commission was not more forthright in its condemnations of Sudan. Two weeks ago, its own fact-finding mission ruled that Sudan's government "has manifestly failed to protect the population of Darfur from large-scale international crimes, and has itself orchestrated and participated in those crimes." Friday, the commission voted merely to "take note" of the report.
Many argue that there is nothing short of all-out military invasion that the West could do to stop the Darfur genocide. But since it is unlikely that any Western nation -- including Canada -- will devote a sizeable force to such an enterprise, other options should be explored.
The National Post is currently running a series of essays commissioned by STAND Canada (Students Taking Action Now: Darfur) outlining some of these options. In one instalment appearing in Thursdays's edition, for instance, former Liberal cabinet ministers Lloyd Axworthy and Allan Rock argued for increased name-and-shame diplomacy, the freezing of Khartoum's ruling generals' Western assets, as well as a protective force of at least 20,000 troops assembled in concert with the African Union. These are all ideas worth trying. And since the UN clearly isn't going to take the initiative in Sudan, the community of civilized nations should.
While we are on the subject, it is worth nothing that the UN's new prohibition on name-and-shame comes with certain notable exceptions. In the same month the commission refused to hear tales of mass rape in Sudan and Burma, the UN was accepting motions from Iran, China, Russia, Cuba and other abusers condemning the United States and Canada for their human rights records. Canada was also singled out for its official use of the term "visible minorities," which the UN declared an expression of racism.
Then there is Israel, which has been a subject of obsession at the United Nations since the Jewish State came into being six decades ago.
As Hillel Neuer, executive director of the NGO United Nations Watch, told the 4th plenary session of the UN Human Rights Council on March 23, the Council has ignored crises all over the world -- from Darfur to Zimbabwe to Central Asia to Arabon-Arab killings in Gaza -- all the while passing resolution after resolution against the Middle East's only true democracy.
It was a trenchant critique that went right to the core of the Council's failings. So how did the Council's President, Mexico's Luis Alfonso De Alba, respond? By shooting the messenger, of course.
"For the first time in this session I will not express thanks for that statement," he huffed. "I will not tolerate any similar statements in the Council. The way in which members of this Council were referred to, and indeed the way in which the Council itself was referred to, all of this is inadmissible ? I would urge you in any future statements to observe some minimum proper conduct and language. Otherwise, any statement you make in similar tones to those used today will be taken out of the records."
His defensive outburst is a fitting symbol of what the Human Rights Council has become. Killing thousands in Darfur -- that's not so bad. But having the guts to tell the Council what a joke it's become -- well, that's truly unforgivable.
Canada ‘furious’ over U.S.-backed women’s rights super agency
June 22, 2010
UNITED NATIONS — Canada is “furious” at the United States over Washington’s role in creating a new $1-billion super agency at the United Nations for women’s rights, The Media has learned.
In a dispute that could spill over into the G20 and G8 summits in Canada this week, the U.S. has broken ranks with other western countries and proposed a board for the new agency that largely gives in to demands by Cuba, Egypt and other developing countries seeking maximum possible control of it.
Critics claim the makeup risks rendering the new agency as dysfunctional as the UN Human Rights Council, where states with poor human-rights records control much of the agenda and provide “cover” for one another.
At stake is management of hundreds of millions of dollars in field operations cash the UN would gather mainly from rich countries amid a planned New Year launch of the new agency, which is set to assume and dramatically expand the work of four much smaller existing UN offices dealing with women’s issues.
“The G8 meeting is perfect,” said Stephen Lewis, a former Canadian ambassador to the UN, who has been at the heart of lobbying for the new agency.
“Let Stephen Harper and Barack Obama spend 10 minutes together, and decide how it should be done,” he said of the U.S. and Canadian leaders.
In reality, however, the Obama administration may short-circuit its western allies by insisting on proceeding with a pencilled-in vote Friday in the UN General Assembly on a “reform” resolution that would include Washington’s compromised vision for the agency board.
Insiders say the U.S. is keen to push through approval of the agency’s management structure so that Melanne Verveer, Obama’s ambassador-at-large for global women’s issues, can tout U.S. backing for the project when she attends a ministerial-level meeting Monday of the UN’s Economic and Social Council — an annual gathering whose theme this year is “gender equality and women’s empowerment.”
The U.S. tabled its shock “undercutting” proposal behind closed doors Friday as diplomats for the 130 states of the anachronistically named Group of 77 developing countries plus China refused to budge on their formula for the new agency’s operational board.
The G77 plans call for the board to reflect the makeup of the UN’s Commission on the Status of Women, where western donor countries make up less than 20% of the 45 members.
The European Union, joined by Canada, Australia and New Zealand, want not only a smaller board to reduce the likelihood of political infighting — but also one where western donor countries have a greater say.
“Canada’s playing a really big role but the U.S., unfortunately, is breaking ranks, and the European Union and Canada are furious with the U.S.,” said one insider.
“Egypt is speaking for the G77 and is playing a really obstructionist role. But Melanne Verveer is coming, and [the U.S.] really want it.”
The EU, Canada, Australia and New Zealand favour a board reflecting those of the UN’s development agency or UNICEF, the children’s agency. Western donor countries make up a third of the 36 members on each of those boards.
But without consulting with its western allies, the United States “surprised” them with a proposal for the G77 to be given what it wants if it agrees to add just four more big donor countries to the tally, observers say.
“We’ve come such a long way, we’ve removed so many barriers, if you have to accommodate the [G77 and China] to get this done, just get it done, because of the women of the world are hanging in the balance,” said Lewis, who pointed out that donor countries retain a level of financial control because most financing will be voluntary — not a mandatory UN “assessment” based on ability to pay.
But Charlotte Bunch, another leading campaigner as executive director of the Centre for Women’s Global Leadership at Rutgers University, warned of rushing the board issue when an unfavourable outcome could hobble the new agency.
“We think that some kind of smaller technical board is a good idea because we want [the agency] to be functional,” she said.
“If you need two more weeks to get it right, you should take two more weeks to get it right.”
Diplomats meet Wednesday in another bid to try to break the deadlock after a meeting Tuesday and an ambassador-level gathering Monday failed to produce consensus.
UNITED NATIONS — Canada is “furious” at the United States over Washington’s role in creating a new $1-billion super agency at the United Nations for women’s rights, The Media has learned.
In a dispute that could spill over into the G20 and G8 summits in Canada this week, the U.S. has broken ranks with other western countries and proposed a board for the new agency that largely gives in to demands by Cuba, Egypt and other developing countries seeking maximum possible control of it.
Critics claim the makeup risks rendering the new agency as dysfunctional as the UN Human Rights Council, where states with poor human-rights records control much of the agenda and provide “cover” for one another.
At stake is management of hundreds of millions of dollars in field operations cash the UN would gather mainly from rich countries amid a planned New Year launch of the new agency, which is set to assume and dramatically expand the work of four much smaller existing UN offices dealing with women’s issues.
“The G8 meeting is perfect,” said Stephen Lewis, a former Canadian ambassador to the UN, who has been at the heart of lobbying for the new agency.
“Let Stephen Harper and Barack Obama spend 10 minutes together, and decide how it should be done,” he said of the U.S. and Canadian leaders.
In reality, however, the Obama administration may short-circuit its western allies by insisting on proceeding with a pencilled-in vote Friday in the UN General Assembly on a “reform” resolution that would include Washington’s compromised vision for the agency board.
Insiders say the U.S. is keen to push through approval of the agency’s management structure so that Melanne Verveer, Obama’s ambassador-at-large for global women’s issues, can tout U.S. backing for the project when she attends a ministerial-level meeting Monday of the UN’s Economic and Social Council — an annual gathering whose theme this year is “gender equality and women’s empowerment.”
The U.S. tabled its shock “undercutting” proposal behind closed doors Friday as diplomats for the 130 states of the anachronistically named Group of 77 developing countries plus China refused to budge on their formula for the new agency’s operational board.
The G77 plans call for the board to reflect the makeup of the UN’s Commission on the Status of Women, where western donor countries make up less than 20% of the 45 members.
The European Union, joined by Canada, Australia and New Zealand, want not only a smaller board to reduce the likelihood of political infighting — but also one where western donor countries have a greater say.
“Canada’s playing a really big role but the U.S., unfortunately, is breaking ranks, and the European Union and Canada are furious with the U.S.,” said one insider.
“Egypt is speaking for the G77 and is playing a really obstructionist role. But Melanne Verveer is coming, and [the U.S.] really want it.”
The EU, Canada, Australia and New Zealand favour a board reflecting those of the UN’s development agency or UNICEF, the children’s agency. Western donor countries make up a third of the 36 members on each of those boards.
But without consulting with its western allies, the United States “surprised” them with a proposal for the G77 to be given what it wants if it agrees to add just four more big donor countries to the tally, observers say.
“We’ve come such a long way, we’ve removed so many barriers, if you have to accommodate the [G77 and China] to get this done, just get it done, because of the women of the world are hanging in the balance,” said Lewis, who pointed out that donor countries retain a level of financial control because most financing will be voluntary — not a mandatory UN “assessment” based on ability to pay.
But Charlotte Bunch, another leading campaigner as executive director of the Centre for Women’s Global Leadership at Rutgers University, warned of rushing the board issue when an unfavourable outcome could hobble the new agency.
“We think that some kind of smaller technical board is a good idea because we want [the agency] to be functional,” she said.
“If you need two more weeks to get it right, you should take two more weeks to get it right.”
Diplomats meet Wednesday in another bid to try to break the deadlock after a meeting Tuesday and an ambassador-level gathering Monday failed to produce consensus.
Woman arrested for murdering mother-in-law
This women should be sentenced to Death for such a crime, society needs to set an example of this type of crime, regardless of whether its a man or women the eyes of the law need to be equal.
Aug 9, 2010
NEW DELHI: A young woman was arrested for allegedly murdering her 62-year-old mother-in-law in their south Delhi residence two days ago after the elderly woman put pressure on her to join a BEd course, police said.
Poonam Rani (28) was apprehended for her alleged involvement in the killing of Sarwan Devi at their residence in Shahpur Jat on August seven. Poonam had allegedly cooked up a story that some robbers entered the room and murdered her.
"She told us that her mother-in-law scolded her on petty issues and was pressurising her to join a BEd course as she had done her graduation with Sanskrit from Kamla Nehru College. They had serious differences and altercations over this. She was not interesting in pursuing her studies," Deputy commissioner of police (South) H G S Dhaliwal said.
On August seven, the argument continued for long and her mother-in-law "taunted on her by saying that had she married her son to some other girl she would have done so (joined the course)," he said.
"Poonam got infuriated and when her mother-in-law was lying on her bed, she took out a blunt object and hit her on head. When Devi told that she would call her sons and another daughter-in-law, Poonam allegedly hit her 8-10 times and she put on the lights and saw her mother-in-law lying on the floor in a pool of blood," Dhaliwal said.
She then put the weapon inside their worship room and cooked up the story of robbers attacking her mother-in-law.
Her husband, his brothers and a nephew had gone to Hardwar on pilgrimage and only her children were there at the house when the incident took place.
Investigators zeroed in on her after finding discrepancies in her statement and seeing that there was no forced entry into the house, Dhaliwal said.
"The blood stains on the walls were not matching with the version given by Poonam. Police also found that the clothes worn by Poonam were not having any blood stains, which was quite surprising seeing the pattern of splattering of blood in various directions," he said.
"Investigators noticed that the single bed in the room of victim was full of blood and the floor where the body was found was also full of blood. It appeared that the victim might have been attacked when she was lying on the bed and the number of injuries found on the body of the victim was much more than what Poonam had stated," he said.
After a search in the house, the blunt object was recovered and bloodstained clothes worn by Poonam were found inside a washing machine.
Aug 9, 2010
NEW DELHI: A young woman was arrested for allegedly murdering her 62-year-old mother-in-law in their south Delhi residence two days ago after the elderly woman put pressure on her to join a BEd course, police said.
Poonam Rani (28) was apprehended for her alleged involvement in the killing of Sarwan Devi at their residence in Shahpur Jat on August seven. Poonam had allegedly cooked up a story that some robbers entered the room and murdered her.
"She told us that her mother-in-law scolded her on petty issues and was pressurising her to join a BEd course as she had done her graduation with Sanskrit from Kamla Nehru College. They had serious differences and altercations over this. She was not interesting in pursuing her studies," Deputy commissioner of police (South) H G S Dhaliwal said.
On August seven, the argument continued for long and her mother-in-law "taunted on her by saying that had she married her son to some other girl she would have done so (joined the course)," he said.
"Poonam got infuriated and when her mother-in-law was lying on her bed, she took out a blunt object and hit her on head. When Devi told that she would call her sons and another daughter-in-law, Poonam allegedly hit her 8-10 times and she put on the lights and saw her mother-in-law lying on the floor in a pool of blood," Dhaliwal said.
She then put the weapon inside their worship room and cooked up the story of robbers attacking her mother-in-law.
Her husband, his brothers and a nephew had gone to Hardwar on pilgrimage and only her children were there at the house when the incident took place.
Investigators zeroed in on her after finding discrepancies in her statement and seeing that there was no forced entry into the house, Dhaliwal said.
"The blood stains on the walls were not matching with the version given by Poonam. Police also found that the clothes worn by Poonam were not having any blood stains, which was quite surprising seeing the pattern of splattering of blood in various directions," he said.
"Investigators noticed that the single bed in the room of victim was full of blood and the floor where the body was found was also full of blood. It appeared that the victim might have been attacked when she was lying on the bed and the number of injuries found on the body of the victim was much more than what Poonam had stated," he said.
After a search in the house, the blunt object was recovered and bloodstained clothes worn by Poonam were found inside a washing machine.
(Judgement) 302,201,209 Discharge under Sections 226, 227 and 228"
Aug 9, 2010
Bench: Untwalia, N.L.
PETITIONER: STATE OF BIHAR
Vs.
RESPONDENT: RAMESH SINGH
DATE OF JUDGMENT02/08/1977
BENCH: BENCH: UNTWALIA, N.L.SHINGAL, P.N.
CITATION:
1977 AIR 2018 1978 SCR (1) 257
1977 SCC (4) 39
CITATOR INFO :
R 1979 SC 366 (8)
F 1980 SC 52 (18)
F 1980 SC1780 (4)
RF 1986 SC2045 (45)
RF 1990 SC 121 (9)
RF 1990 SC1962 (6)
ACT:
Criminal Procedure Code 1973-Sections 226, 227 and 228. Tests for discharging an accused-Presumption of innocence- Difference between case for conviction or case for proceeding further.
HEADNOTE:
At 3.00 A.M. on the 26th of November 1973 Smt. Tara Devi, wife of respondent, a professor of Economics, in Munshi Singh College, Motihari in State of Bihar, was found burning in the, Kitchen of their house. She died as a result of excessive burn injuries on her person. The brother of Tara Devi rushed to the spot and found that respondent and his brother were standing near the burning body of Tara Devi but were not taking any steps to extinguish the fire. He lodged the F.I.R. at Police Station charging the respondent for having committed the offences under s. 302 and 201 of Penal Code. Charge sheet was submitted against him by the police and the case was committed to Sessions Court for trial of the respondent u/s. 209 of Cr. P.C. 1973.
The Sessions Judge discharged the accused under s. 227 of Cr. P. Code 1973 on the ground that there was not sufficient ground for proceeding with the trial against respondent and he was discharged in accordance with section 227.
The State of Bihar went in revision before Patna High Court, which was dismissed by the High Court.
Allowing the appeal by special leave,
HELD : (1) Under s. 226 of the Code the prosecutor while opening the case has got to describe the charge against the accused and State by what evidence he proposes to prove the guilt of the accused. Thereafter, comes it the initial stage, the duty of the Court to consider the record of the case and the documents submitted therewith. The Judge has then to pass an order either u/s. 227 or u/s. 228 of Code.
If the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing as enjoined by s. 227. If on the other hand, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which (b)is exclusively triable by the court, he shall frame in writing a charge against the accused as provided in s. 228. Reading the two provisions together in juxta a position at the initial stage of the trial, the truth, veracity and effect of the evidence which the prosecutor proposes to adduce are not to be meticulously judged. Nor is any weight to be attached to the probable defence of the accused.
The standard of test and judgment which is to be finally applied before recording a finding regarding the guilt or otherwise of accused, is not exactly to be applied at the stage of deciding the matter under s. 227 and 228 of the Code.
Strong suspicion against the accused, if it remains in the region of suspicion, cannot’ take the place of proof of his guilt at the conclusion of trial. But at the initial stage, if there is a strong suspicion which leads the court to think that there is a ground for presuming that the accused has committed an offence then it is not open to the court to say that there is no sufficient ground for proceeding against the accused. It is only for the purpose of deciding prima facie whether the court should proceed with the trial or no,,. The evidence which the Prosecutor proposes to adduce to prove the guilt of the accused even if fully accepted before it is challenged in cross-examination or rebutted by the defence evidence, if any, cannot show that the accused committed the offence, then there will be no sufficient ground for proceeding with the trial.
If the scales of pan as to the, guilt or innocence of the accused are something like even, at the conclusion of the trial, then, on the theory of benefit of doubt the case is to end in his acquittal. But if on the other hand, it is so at the initial stage of making an order under s. 227 or s. 228 then in such a situation ordinarily and generally the order which will have to be made will be one under s. 228 and not under s. 227.Nirmal Jeet Singh Hoon v. State of West Bengal (1973) 2 SCR 66 has followed Chandra Deo Singh v. Prakash Chandra Bose (1964) 3 SCR 639 wherein it was laid down that the test is whether there is a sufficient ground for proceeding and not, whether there is a sufficient ground for conviction. After setting aside the orders of High Court and Sessions Court, the Court directed that appropriate charge or charges be framed against the respondent and trial to proceed in accordance with law.
The Court observed that nothing stated in the judgment is meant to prejudice in the least the case of either party at the trial.
JUDGMENT: CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 51 of 1977.
Appeal by Special Leave from the Judgment and Order dated 18-2-1976 of the Patna High Court in Crl. Rev. No. 699/75. U. P. Singh and S. N. Jha, for the, Appellant. B. P. Singh and A. K. Srivastava, for the Respondent. The following Judgment of the Court was delivered by UNTWALIA, J.-The respondent in this appeal by special leave is a Professor of Economics in Munshi Singh College, Motihari in the State of Bihar. At about 3.00 A.M. on the 26th of November, 1973, Smt. Tara Devi, wife of the respondent, was found burning in the kitchen of his house. A hulla was raised. Chandreshwar Prasad Singh, brother of Tara Devi, who is a Professor of Botany in the said College and lives nearby came to the scene of occurrence. It is said he found the respondent and his brother standing near the burning body of Tara Devi but not taking any steps to extinguish the fire. Tara Devi died apparently as a result of the extensive burn injuries on her person. A First Information Report was lodged by Chandreshwar Prasad Singh at the Police Station charging the respondent for having committed the offences under sections 302 and 201 of the Penal Code. Eventually Charge-Sheet was submitted against him by the police and the case was committed to the Court of Sessions for trail of the respondent under section 209 of the Code of Criminal Procedure, 1973-hereinafter called the Code.
When the case was opened in the Court of the IIIrd Additional Sessions Judge at Motihari in Sessions Trial No. 66/1975 by the Additional Public Prosecutor in accordance with section 226 of the Code, a plea was raised on behalf of the respondent that there was not any sufficient ground for proceeding with the trial against him and he should be discharged in accordance with section 227. The Additional Sessions Judge accepted the plea and discharged the accused by his order dated April 30, 1975. The State of Bihar the appellant in this appeal went in revision before the Patna High Court to assail the order aforesaid of the Sessions Court. The High Court by its order dated the 18th February, 1976 dismissed the revision. Hence this appeal. It is neither necessary nor advisable for us to mention in any great detail the facts of the prosecution case against the respondent or refer to all the materials and the evidence which may be produced by the prosecutor when a trial proceeds in the Sessions Court. Unnecessary details in that regard have got to be avoided so that it may not prejudice either the prosecution case of the appellant or the defence of the respondent. Since for the brief reasons to be stated hereinafter we are going to set aside the orders of the Courts below and direct the trial to proceed against the respondent, we would like to caution that nothing which may have to be said in support of our order in this judgment is meant and should be understood to prejudice in the least the case of either party at the trial. Under section 226 of the Code while opening the case for the prosecution the Prosecutor has got to describe the charge against the accused and state by what evidence he proposes to prove the guilt of the accused. Thereafter comes at the initial stage the duty of the Court to consider the record of the case and the documents submitted therewith and to hear the submissions of the accused and the prosecution in that behalf. ‘The Judge has to pass thereafter an order either under section 227 or section 228 of the Code. If “the Judge consider that there is not. sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing”, as enjoined by section 227. If, on the other hand, “the Judge is of opinion that there, is ground for presuming. that the accused has committed an offence which-
(b)is exclusively triable by the Court, he shall frame in writing a charge against the accused’-', as provided in section 228. Reading the two provisions together in juxta position, as they have got to be, it would be clear that at the beginning and the initial stage of the trial the truth, veracity and effect of the evidence which the Prosecutor proposes to adduce are not to be meticulously judged. Nor is any weight to be attached to the probable defence of the accused. It is not obligatory for the Judge at that stage of the trial to consider in any detail and weigh in a sensitive balance whether the facts, if proved, would be incompatible with the innocence of the accused or not. The standard of test and judgment which is to be finally applied before recording a finding regarding the guilt or otherwise of the accused is not exactly to be applied at the stage of deciding the matter under section 227 or section 228 of the Code. At that stage the Court is not to ‘see whether there is sufficient ground for conviction of the accused or whether the trial is sure to end in his conviction. Strong suspicion against the accused, if the matter remains in the region of suspicion, cannot take the place of proof of his guilt at the conclusion of the trial. But at the initial stage if there is a strong suspicion which leads the Court to think that there is ground for presuming that the accused has committed an offence then it is not open to the Court to say that there is no sufficient ground for proceeding against the accused. The presumption of the guilt of the accused which is to be drawn at the, initial stage is not in the sense of the law governing the trial of criminal cases in France where the accused is presumed to be guilty unless the contrary is proved. But it is only for the purpose of deciding prima facie whether the Court should proceed with the trial or not. if the evidence which the Prosecutor proposes to adduce to prove the guilt of the accused even if fully accepted before it is challenged in cross-examination or rebutted by the defence evidence, if any, cannot show that the accused committed the offence, then there will be no sufficient ground for proceeding with the trial. An exhaustive list of the circumstances to indicate as to what will lead to one conclusion or the other is neither possible nor advisable. We may just illustrate the difference of the law by one more example. If the scales of pan as to the guilt or innocence of the accused are something like even at the conclusion of the, trial, then, on the theory of benefit of doubt the case is to end in his acquittal. But, if, on the other hand, it is so at the initial stage of making an order under section 227 or section 228, then in such a situation ordinarily and generally the order which will have to be made will be one under section 228 and not under section 227. In Nirmaljit Singh Hoon v. The State of West Bengal and an- other(1)-Shelat, J. delivering the judgment on behalf of the majority for the Court referred at page 79 of the report to the earlier decisions of this Court in Chandra Deo Singh v. Prakash Chandra Bose(2) where this Court was held to have laid down with reference to the similar provisions contained in sections 202 and 203 of the Code of Criminal Procedure, 1898 “that the test was whether there was sufficient ground for proceeding and not whether there was sufficient ground for conviction, and observed that where there was prima facie evidence, even though the person charged of an offence in the complaint might have a defence, the matter had to be left to be decided by the appropriate forum at the appropriate stage and issue of a process could not be refused.” Illustratively, Shelat J, further added “Unless, therefore, the Magistrate finds that the evidence led before him is self-contradictory, or intrinsically untrustworthy, process cannot be refused if that evidence makes out a prima facie case.”
The fact that Tara Devi died an unnatural death and there were burn injuries on her person does not seem to be in doubt or dispute. The question to be decided at the trial would be whether the respondent, as is the prosecution case, had murdered her and set fire to her body or whether she committed suicide by herself setting fire to , it This undoubtedly is a serious matter for decision at the trial. But at the stage of framing the charge, copious reference to Modi’s Medical Jurisprudence and judging the postmortem report of the Doctor who performed the autopsy over the dead body of the lady meticulously was not quite justified as has been done by the Trial Judge
According to the persecution case the respondent was in love with one of his girl students, named, Nupur Ghosh and this led to the serious differences between the respondent and his wife, the unfortunate Tara Devi, inducing the former to clear the path of his misadventure in the manner alleged by the prosecution. On the other hand, the defence seems to suggest that the ‘alleged love-affair of the respondent led Tara Devi to commit suicide. Whether the respondent will be able to prove his defence at the final stage of the trial may not be of much consequence. Surely the prosecution will have to prove its case beyond any reasonable doubt. Although at the time of the alleged occurrence were present in the house of the respondent his brother, his brother’s wife, and children the prosecution does not seem to be in possession of any oscular testimony of an eye witness of the occurrence. The case will largely, rather, wholly, depend upon the circumstantial evidence. A stricter proof will have to be applied for judging the guilt of the accused with reference to the various circumstantial evidence against him. The at this stage the Additional Sessions Judge was not right when he said-”it appears that there is neither direct evidence nor any circumstantial evidence to connect the accused with the alleged murder of Tara Devi”.’ He also ought not to have referred to the varying opinions of the Circle Inspector and the Superintendent of Police, Motihari as to the submission of Charge-Sheet against the respondent. Apart from some other circumstances, as it appears, the prosecution proposes to prove in this case, and whether it will succeed in proving them or not is a different matter, the High Court has enumerated three circumstances in its impugned order. We may just add, and that is only for the purpose of a cursory observation for deciding the matter at this stage, that the story of assault on Tara Devi by the respondent a day prior to the occurrence is perhaps sought to be proved by the evidence of Chandreshwar Singh, the informant, and it seems, he would also try to say, rightly or wrongly, that at the time of the said assault the respondent had given her a threat to kill her. The High Court felt persuaded to take the view that the three circumstantial facts, even if proved, would not be incompatible with the innocence of the accused and then added “There may be strong suspicion against the opposite party, but the three circumstances which I have just mentioned above, cannot be said to be incompatible with the defence of the accused.” The said observation of the High Court is not quite apposite in the background of the law which we have enunciated above with reference to the provisions of sections 227 and 228 of the Code. For the reasons stated above, we set aside the impugned orders of the High Court and the Sessions Court and direct that appropriate charge or charges will be framed against the respondent and the trial shall proceed further in accordance with the law.
P. H. P. Appeal allowed.
Bench: Untwalia, N.L.
PETITIONER: STATE OF BIHAR
Vs.
RESPONDENT: RAMESH SINGH
DATE OF JUDGMENT02/08/1977
BENCH: BENCH: UNTWALIA, N.L.SHINGAL, P.N.
CITATION:
1977 AIR 2018 1978 SCR (1) 257
1977 SCC (4) 39
CITATOR INFO :
R 1979 SC 366 (8)
F 1980 SC 52 (18)
F 1980 SC1780 (4)
RF 1986 SC2045 (45)
RF 1990 SC 121 (9)
RF 1990 SC1962 (6)
ACT:
Criminal Procedure Code 1973-Sections 226, 227 and 228. Tests for discharging an accused-Presumption of innocence- Difference between case for conviction or case for proceeding further.
HEADNOTE:
At 3.00 A.M. on the 26th of November 1973 Smt. Tara Devi, wife of respondent, a professor of Economics, in Munshi Singh College, Motihari in State of Bihar, was found burning in the, Kitchen of their house. She died as a result of excessive burn injuries on her person. The brother of Tara Devi rushed to the spot and found that respondent and his brother were standing near the burning body of Tara Devi but were not taking any steps to extinguish the fire. He lodged the F.I.R. at Police Station charging the respondent for having committed the offences under s. 302 and 201 of Penal Code. Charge sheet was submitted against him by the police and the case was committed to Sessions Court for trial of the respondent u/s. 209 of Cr. P.C. 1973.
The Sessions Judge discharged the accused under s. 227 of Cr. P. Code 1973 on the ground that there was not sufficient ground for proceeding with the trial against respondent and he was discharged in accordance with section 227.
The State of Bihar went in revision before Patna High Court, which was dismissed by the High Court.
Allowing the appeal by special leave,
HELD : (1) Under s. 226 of the Code the prosecutor while opening the case has got to describe the charge against the accused and State by what evidence he proposes to prove the guilt of the accused. Thereafter, comes it the initial stage, the duty of the Court to consider the record of the case and the documents submitted therewith. The Judge has then to pass an order either u/s. 227 or u/s. 228 of Code.
If the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing as enjoined by s. 227. If on the other hand, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which (b)is exclusively triable by the court, he shall frame in writing a charge against the accused as provided in s. 228. Reading the two provisions together in juxta a position at the initial stage of the trial, the truth, veracity and effect of the evidence which the prosecutor proposes to adduce are not to be meticulously judged. Nor is any weight to be attached to the probable defence of the accused.
The standard of test and judgment which is to be finally applied before recording a finding regarding the guilt or otherwise of accused, is not exactly to be applied at the stage of deciding the matter under s. 227 and 228 of the Code.
Strong suspicion against the accused, if it remains in the region of suspicion, cannot’ take the place of proof of his guilt at the conclusion of trial. But at the initial stage, if there is a strong suspicion which leads the court to think that there is a ground for presuming that the accused has committed an offence then it is not open to the court to say that there is no sufficient ground for proceeding against the accused. It is only for the purpose of deciding prima facie whether the court should proceed with the trial or no,,. The evidence which the Prosecutor proposes to adduce to prove the guilt of the accused even if fully accepted before it is challenged in cross-examination or rebutted by the defence evidence, if any, cannot show that the accused committed the offence, then there will be no sufficient ground for proceeding with the trial.
If the scales of pan as to the, guilt or innocence of the accused are something like even, at the conclusion of the trial, then, on the theory of benefit of doubt the case is to end in his acquittal. But if on the other hand, it is so at the initial stage of making an order under s. 227 or s. 228 then in such a situation ordinarily and generally the order which will have to be made will be one under s. 228 and not under s. 227.Nirmal Jeet Singh Hoon v. State of West Bengal (1973) 2 SCR 66 has followed Chandra Deo Singh v. Prakash Chandra Bose (1964) 3 SCR 639 wherein it was laid down that the test is whether there is a sufficient ground for proceeding and not, whether there is a sufficient ground for conviction. After setting aside the orders of High Court and Sessions Court, the Court directed that appropriate charge or charges be framed against the respondent and trial to proceed in accordance with law.
The Court observed that nothing stated in the judgment is meant to prejudice in the least the case of either party at the trial.
JUDGMENT: CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 51 of 1977.
Appeal by Special Leave from the Judgment and Order dated 18-2-1976 of the Patna High Court in Crl. Rev. No. 699/75. U. P. Singh and S. N. Jha, for the, Appellant. B. P. Singh and A. K. Srivastava, for the Respondent. The following Judgment of the Court was delivered by UNTWALIA, J.-The respondent in this appeal by special leave is a Professor of Economics in Munshi Singh College, Motihari in the State of Bihar. At about 3.00 A.M. on the 26th of November, 1973, Smt. Tara Devi, wife of the respondent, was found burning in the kitchen of his house. A hulla was raised. Chandreshwar Prasad Singh, brother of Tara Devi, who is a Professor of Botany in the said College and lives nearby came to the scene of occurrence. It is said he found the respondent and his brother standing near the burning body of Tara Devi but not taking any steps to extinguish the fire. Tara Devi died apparently as a result of the extensive burn injuries on her person. A First Information Report was lodged by Chandreshwar Prasad Singh at the Police Station charging the respondent for having committed the offences under sections 302 and 201 of the Penal Code. Eventually Charge-Sheet was submitted against him by the police and the case was committed to the Court of Sessions for trail of the respondent under section 209 of the Code of Criminal Procedure, 1973-hereinafter called the Code.
When the case was opened in the Court of the IIIrd Additional Sessions Judge at Motihari in Sessions Trial No. 66/1975 by the Additional Public Prosecutor in accordance with section 226 of the Code, a plea was raised on behalf of the respondent that there was not any sufficient ground for proceeding with the trial against him and he should be discharged in accordance with section 227. The Additional Sessions Judge accepted the plea and discharged the accused by his order dated April 30, 1975. The State of Bihar the appellant in this appeal went in revision before the Patna High Court to assail the order aforesaid of the Sessions Court. The High Court by its order dated the 18th February, 1976 dismissed the revision. Hence this appeal. It is neither necessary nor advisable for us to mention in any great detail the facts of the prosecution case against the respondent or refer to all the materials and the evidence which may be produced by the prosecutor when a trial proceeds in the Sessions Court. Unnecessary details in that regard have got to be avoided so that it may not prejudice either the prosecution case of the appellant or the defence of the respondent. Since for the brief reasons to be stated hereinafter we are going to set aside the orders of the Courts below and direct the trial to proceed against the respondent, we would like to caution that nothing which may have to be said in support of our order in this judgment is meant and should be understood to prejudice in the least the case of either party at the trial. Under section 226 of the Code while opening the case for the prosecution the Prosecutor has got to describe the charge against the accused and state by what evidence he proposes to prove the guilt of the accused. Thereafter comes at the initial stage the duty of the Court to consider the record of the case and the documents submitted therewith and to hear the submissions of the accused and the prosecution in that behalf. ‘The Judge has to pass thereafter an order either under section 227 or section 228 of the Code. If “the Judge consider that there is not. sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing”, as enjoined by section 227. If, on the other hand, “the Judge is of opinion that there, is ground for presuming. that the accused has committed an offence which-
(b)is exclusively triable by the Court, he shall frame in writing a charge against the accused’-', as provided in section 228. Reading the two provisions together in juxta position, as they have got to be, it would be clear that at the beginning and the initial stage of the trial the truth, veracity and effect of the evidence which the Prosecutor proposes to adduce are not to be meticulously judged. Nor is any weight to be attached to the probable defence of the accused. It is not obligatory for the Judge at that stage of the trial to consider in any detail and weigh in a sensitive balance whether the facts, if proved, would be incompatible with the innocence of the accused or not. The standard of test and judgment which is to be finally applied before recording a finding regarding the guilt or otherwise of the accused is not exactly to be applied at the stage of deciding the matter under section 227 or section 228 of the Code. At that stage the Court is not to ‘see whether there is sufficient ground for conviction of the accused or whether the trial is sure to end in his conviction. Strong suspicion against the accused, if the matter remains in the region of suspicion, cannot take the place of proof of his guilt at the conclusion of the trial. But at the initial stage if there is a strong suspicion which leads the Court to think that there is ground for presuming that the accused has committed an offence then it is not open to the Court to say that there is no sufficient ground for proceeding against the accused. The presumption of the guilt of the accused which is to be drawn at the, initial stage is not in the sense of the law governing the trial of criminal cases in France where the accused is presumed to be guilty unless the contrary is proved. But it is only for the purpose of deciding prima facie whether the Court should proceed with the trial or not. if the evidence which the Prosecutor proposes to adduce to prove the guilt of the accused even if fully accepted before it is challenged in cross-examination or rebutted by the defence evidence, if any, cannot show that the accused committed the offence, then there will be no sufficient ground for proceeding with the trial. An exhaustive list of the circumstances to indicate as to what will lead to one conclusion or the other is neither possible nor advisable. We may just illustrate the difference of the law by one more example. If the scales of pan as to the guilt or innocence of the accused are something like even at the conclusion of the, trial, then, on the theory of benefit of doubt the case is to end in his acquittal. But, if, on the other hand, it is so at the initial stage of making an order under section 227 or section 228, then in such a situation ordinarily and generally the order which will have to be made will be one under section 228 and not under section 227. In Nirmaljit Singh Hoon v. The State of West Bengal and an- other(1)-Shelat, J. delivering the judgment on behalf of the majority for the Court referred at page 79 of the report to the earlier decisions of this Court in Chandra Deo Singh v. Prakash Chandra Bose(2) where this Court was held to have laid down with reference to the similar provisions contained in sections 202 and 203 of the Code of Criminal Procedure, 1898 “that the test was whether there was sufficient ground for proceeding and not whether there was sufficient ground for conviction, and observed that where there was prima facie evidence, even though the person charged of an offence in the complaint might have a defence, the matter had to be left to be decided by the appropriate forum at the appropriate stage and issue of a process could not be refused.” Illustratively, Shelat J, further added “Unless, therefore, the Magistrate finds that the evidence led before him is self-contradictory, or intrinsically untrustworthy, process cannot be refused if that evidence makes out a prima facie case.”
The fact that Tara Devi died an unnatural death and there were burn injuries on her person does not seem to be in doubt or dispute. The question to be decided at the trial would be whether the respondent, as is the prosecution case, had murdered her and set fire to her body or whether she committed suicide by herself setting fire to , it This undoubtedly is a serious matter for decision at the trial. But at the stage of framing the charge, copious reference to Modi’s Medical Jurisprudence and judging the postmortem report of the Doctor who performed the autopsy over the dead body of the lady meticulously was not quite justified as has been done by the Trial Judge
According to the persecution case the respondent was in love with one of his girl students, named, Nupur Ghosh and this led to the serious differences between the respondent and his wife, the unfortunate Tara Devi, inducing the former to clear the path of his misadventure in the manner alleged by the prosecution. On the other hand, the defence seems to suggest that the ‘alleged love-affair of the respondent led Tara Devi to commit suicide. Whether the respondent will be able to prove his defence at the final stage of the trial may not be of much consequence. Surely the prosecution will have to prove its case beyond any reasonable doubt. Although at the time of the alleged occurrence were present in the house of the respondent his brother, his brother’s wife, and children the prosecution does not seem to be in possession of any oscular testimony of an eye witness of the occurrence. The case will largely, rather, wholly, depend upon the circumstantial evidence. A stricter proof will have to be applied for judging the guilt of the accused with reference to the various circumstantial evidence against him. The at this stage the Additional Sessions Judge was not right when he said-”it appears that there is neither direct evidence nor any circumstantial evidence to connect the accused with the alleged murder of Tara Devi”.’ He also ought not to have referred to the varying opinions of the Circle Inspector and the Superintendent of Police, Motihari as to the submission of Charge-Sheet against the respondent. Apart from some other circumstances, as it appears, the prosecution proposes to prove in this case, and whether it will succeed in proving them or not is a different matter, the High Court has enumerated three circumstances in its impugned order. We may just add, and that is only for the purpose of a cursory observation for deciding the matter at this stage, that the story of assault on Tara Devi by the respondent a day prior to the occurrence is perhaps sought to be proved by the evidence of Chandreshwar Singh, the informant, and it seems, he would also try to say, rightly or wrongly, that at the time of the said assault the respondent had given her a threat to kill her. The High Court felt persuaded to take the view that the three circumstantial facts, even if proved, would not be incompatible with the innocence of the accused and then added “There may be strong suspicion against the opposite party, but the three circumstances which I have just mentioned above, cannot be said to be incompatible with the defence of the accused.” The said observation of the High Court is not quite apposite in the background of the law which we have enunciated above with reference to the provisions of sections 227 and 228 of the Code. For the reasons stated above, we set aside the impugned orders of the High Court and the Sessions Court and direct that appropriate charge or charges will be framed against the respondent and the trial shall proceed further in accordance with the law.
P. H. P. Appeal allowed.
Amendments will not do, stand-alone law needed to curb ‘honour' crimes: AIDWA
Aug 5, 2010
The All-India Democratic Women's Association (AIDWA) has presented to Law Minister M. Veerappa Moily a comprehensive draft law that seeks to make private parties culpable for violation of fundamental rights in crimes and killings committed in the name of “honour.”
All kinds of harassment, and curbing of choice, association, and movement would come within the ambit of this law.
Apart from defining crimes in the name of “honour,” the draft makes eulogising or glorification of these offences and killings punishable. The onus of proof is on the accused. The law seeks to protect young couples who declare their intention to marry before a government officer, and also suggests measures to stop self-proclaimed panchayats and other community bodies from issuing diktats.
Led by Brinda Karat, MP, a delegation, which met the Minister on Tuesday, pointed out that the amendments proposed to the existing laws did not sufficiently address all crimes of violence perpetrated in the name of “honour,” and highlighted the need for a separate, stand-alone law. The proposed amendments made an entire community punishable for a crime committed by some, the delegation pointed out and suggested that the law penalise only those community members present at the spot where illegal action was taken.
Mr. Moily assured the AIDWA that he would take up the important issues it raised with the Group of Ministers formed to look at legislative changes to address “honour” killings, said general secretary Sudha Sundararaman.
A memorandum was handed over to the Minister, pointing out the extremely limited rights available to women who had separated or were divorced, and their misery and sufferings due to financial constraints.
The delegation emphasised that the Bill to make irretrievable breakdown of marriage a ground for divorce would act against the majority of women in the existing economic and social reality of unequal status.
Adequate financial safeguards must be mandated for women before this Bill was passed, said the delegation, which included AIDWA legal convener Kirti Singh, national assistant secretary Ashalata and member Asha Sharma .
It appealed for supportive legislation to provide financial security to women by bringing in a law on matrimonial property rights immediately.
The All-India Democratic Women's Association (AIDWA) has presented to Law Minister M. Veerappa Moily a comprehensive draft law that seeks to make private parties culpable for violation of fundamental rights in crimes and killings committed in the name of “honour.”
All kinds of harassment, and curbing of choice, association, and movement would come within the ambit of this law.
Apart from defining crimes in the name of “honour,” the draft makes eulogising or glorification of these offences and killings punishable. The onus of proof is on the accused. The law seeks to protect young couples who declare their intention to marry before a government officer, and also suggests measures to stop self-proclaimed panchayats and other community bodies from issuing diktats.
Led by Brinda Karat, MP, a delegation, which met the Minister on Tuesday, pointed out that the amendments proposed to the existing laws did not sufficiently address all crimes of violence perpetrated in the name of “honour,” and highlighted the need for a separate, stand-alone law. The proposed amendments made an entire community punishable for a crime committed by some, the delegation pointed out and suggested that the law penalise only those community members present at the spot where illegal action was taken.
Mr. Moily assured the AIDWA that he would take up the important issues it raised with the Group of Ministers formed to look at legislative changes to address “honour” killings, said general secretary Sudha Sundararaman.
A memorandum was handed over to the Minister, pointing out the extremely limited rights available to women who had separated or were divorced, and their misery and sufferings due to financial constraints.
The delegation emphasised that the Bill to make irretrievable breakdown of marriage a ground for divorce would act against the majority of women in the existing economic and social reality of unequal status.
Adequate financial safeguards must be mandated for women before this Bill was passed, said the delegation, which included AIDWA legal convener Kirti Singh, national assistant secretary Ashalata and member Asha Sharma .
It appealed for supportive legislation to provide financial security to women by bringing in a law on matrimonial property rights immediately.
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