Woman ends life; family alleges dowry death

STAFF WRITER 23:12 HRS IST

New Delhi, Jan 26 (PTI) A 23-year-old woman working with an MNC allegedly committed suicide at her husband?s house in northeast Delhi, with police suspecting it to be a case of dowry death.

The woman identified as Anshu was found dead in their house at Mansarovar Park last night. Her parents alleged that she was harassed for dowry, police said.

Police have not recovered any suicide note.

Anshu and Shivank had got married in December, 2008 after an affair.

Police received a call from GTB hospital at 11. 30 pm about the suicide.

The couple, who were neighbours and had studied together, had a relationship since their school days.

Shivank?s father Pramod Singh is attached to UP Police.

A Sub Divisional Magisterial enquiry has been ordered into the incident and a case of dowry death has been registered in Mansarovar Park police station

Soon, gender-neutral laws

Nagendar Sharma, Hindustan Times


Delh, January 05, 2010

Continuing with its measures to make the country’s legal system women-friendly, the government is set to amend the “gender- biased” laws.

It wants to send out an effective message after the Ruchika case exposed the bias in the existing laws.

Ruchika ended her life in 1993 after former Haryana police chief SPS Rathore molested her in 1990 and allegedly harassed her family.

“We have decided to review all gender-biased laws, which affect the legitimate rights of women. All laws should be gender-neutral,” Law Minister M. Veerappa Moily told HT.

“Divorce and property laws are the two examples of gender-biased laws, and we are considering amendments in existing laws to ensure equal rights for women and a time-bound trial to reduce their sufferings.”

It will soon be possible for single women to adopt a child, following the Union Cabinet’s approval to amend the adoption law, the minister said.

“The cabinet has cleared the proposal to amend the Guardians and Wards Act, 1890, and Hindu Adoption and Maintenance Act, 1956. We are now going to convert these laws into gender-neutral laws,” he said.

According to the current laws, a couple can adopt only if the man is named the guardian.

On divorce laws, he said: “There is no need for divorce cases to drag on for years when the marriage has broken down. Cases must be decided in a time-bound manner...”

He conceded that “there is a need to relook at the property laws”. For example, the Land Reforms Act of 2005 entitles a male child and his family to the family property while married girl child is denied the same.

Moily said his ministry has set the process in motion by sending a new draft law to the home ministry for special courts to try sexual offences, which will make it mandatory that the trial be completed in six months and anticipatory bail for the accused wouldn’t be allowed.

“No questions on the character of the victim of sexual violence (molestation, attempt to rape and rape) will be allowed during the trial and the statement will only be recorded in presence of a woman officer,” he said.

http://www.hindustantimes.com/News-Feed/newdelhi/Soon-gender-neutral-laws/Article1-493838.aspx

Here is a link to the Code of Civil Procedure Act 1908, the original act before the amendment.

Code of Civil Procedure, 1908

http://www.lawzonline.com/bareacts/civil-procedure-code/Code-of-Civil-Procedure.html

THE CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 2002


http://chddistrictcourts.gov.in/THE%20CODE%20OF%20CIVIL%20PROCEDURE.pdf
ACT NO. 22 OF 2002

[23rd May, 2002.]

An Act further to amend the Code of Civil Procedure, 1908 and to
provide for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Fifty-third Year of the Republic of
India as follows:-

Here is the link to the Code of Civil Procedure (Amendment) Act, 2002

IPC - Indian Penal Code

IPC - Indian Penal Code
Go through the following website for detailed information on the Indian Penal Code and all its sections and subsections, IPC section 498a comes under this area.

http://www.indianlawcds.com/Criminalbareacts/IPC.htm

CODE OF CRIMINAL PROCEDURE, 1973

Here is a good link to the entire Code of Criminal Procedure of India.

CODE OF CRIMINAL PROCEDURE, 1973
CrPC

http://delhicourts.nic.in/CrPC.htm

CORRUPTION DESTROYS SOCIETIES, REPORT IT TO US.

Become a Member and Stop Corruption in our Society NOW.

http://corruptionmonitor.com/?gclid=CIXigLjUu58CFRwTagod1SHc0A

CORRUPTION DESTROYS SOCIETIES, REPORT IT TO US.



LET US STOP CORRUPTION!

Corruption is becoming prevalent all over the world. Corruption hurts economies, people, and governments.

Corruption is unethical, immoral, and illegal in many societies, religions, and countries. It needs to be stopped. Private organizations, United Nations, and some governments have attempted to stop corruption or at least have tried to prevent it. They have failed, however.

This site is an attempt to expose countries and departments where corruption is taking place.

To fill out an instance of corruption you have experienced yourself or have knowledge of, click the link on the left to share information with the rest of the world.

In addition, if you know of any successful approach that has prevented or reduced corruption, please share it with the rest of the world by clicking the link "Make Suggestions" on the left.

Also, if you know of any published article dealing with corruption and want to share with the rest of the world, click "Share Published Article" on the left.

Also, many government agencies or officials do not care about people and their problems. If you have a problem with any government agency or an official, please report it to us by clicking "File Complaint" link on the left.

THE RIGHT TO INFORMATION ACT, 2005

1. We introduce you to RTI in a logical and easy-to-understand manner.
2. A step-by-step path is laid out before you, supplemented by relevant formats & desirable forms.
3. You are given tips on framing questions so you can avoid pitfalls on the path of RTI.


This website is, in its present form, intended to be of use to the persons seeking information, but we do have plans to build equally good and comprehensive content for the benefit of those assigned the responsibility to provide information.

PRESS Link
http://www.nyayabhoomi.org/rti/full_act.htm

THE RIGHT TO INFORMATION ACT, 2005

No. 22 of 2005

[15th June, 2005]

An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.

Whereas the Constitution of India has established democratic Republic;

And whereas democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed;

And whereas revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information;

And whereas it is necessary to harmonise these conflicting interests while preserving the paramountcy of the democratic ideal;

Now, therefore, it is expedient to provide for furnishing certain information to citizens who desire to have it.

Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:—

Hindu Marriage Act, 1955

Hindu Marriage Act,1955

[25 of 1955,dt. 18-5-1955]

An Act to amend and codify the law relating to marriage among Hindu
Be it enacted by Parliament in the Sixth Year of the Republic of India as follows:

View the Link for more details.

http://registryoffice.up.nic.in/pdf/hindumarriage.pdf

Mutual Divorce in India

If you are planning to get a divorce, mutual divorce should always be preferred to a contested divorce. Obtaining divorce through mutual consent is quite advantageous as it saves both time and money. The provision for dissolving marriage through mutual divorce in India is included in Section 13 B of the Hindu Marriage Act by the Marriage Laws (Amendment) Act, 1976. Any marriage solemnized before and after the Marriage Laws (Amendment) Act, 1976 is entitled to this provision.


Though several laws have been passed with the progress of time, the divorce procedure in India is still complex and you will have to contest the divorce for several months. The Indian judicial law believes that the extended time span might workout well for the couple to reconsider their marriage and hence, a marriage will be saved from being dissolved forever.

A Brief Outline of the Procedure of Mutual Divorce in India

Mutual Divorce is to be filed by the couple only after they have lived apart for at least a year. A petition supported with affidavits for divorce should be filed in the district court by the both the spouses. The husband and the wife should jointly state to the court that they are unable to live together as they are facing immense difficulties in adjustment.

The filing of divorce petition by both the husband and the wife is legally known as the "The First Motion Petition for Mutual Consent Divorce". "The Second Motion Petition for Mutual Consent Divorce" mentioned in the sub-section (2) of Section 13 B is filed when the couple reappears to the court for the second time after a period of six months. If the judge is satisfied after a hearing from both the husband and wife, the court announces a mutual divorce decree.

If the couple fails to appear in the court after six months and not later than eighteen months from the date of first motion, the divorce petition becomes null and void. Either of the couple can withdraw his/her petition within the six months term.

A judgment for mutual divorce is passed out only if all the necessary agreements required for a mutual divorce in India are strictly maintained. The husband and the wife should come to terms of settlement regarding the following issues.

•Custody of Child

•Return of Dowry Articles / Istridhan of Wife

•Lump Sum Maintenance Amount of Wife

•Litigation Expenses

For a mutual divorce in India, we would always suggest you to consult an experienced lawyer who will effectively guide you to get the divorce through a mutual agreement done between you and your spouse.

http://www.indidivorce.com/mutual-divorce-in-india.html

Mutual consent divorce gets easier

Satya Prakash , Hindustan Times


New Delhi, September 03, 2009

A Hindu marriage can be dissolved under the provision of mutual consent even if one of the parties withdraws approval of the dissolution before the statutory period of six months expires following the application for divorce.

By law, both the parties are required to re-confirm their mutual consent after six months.

The court used its extraordinary powers under Article 142 to virtually re-write the law on divorce by mutual consent under Section 13 B of the Hindu Marriage Act, 1955. A Supreme Court bench headed by Justice Altamas Kabir granted divorce by mutual consent to a couple from Chhindwara in Madhya Pradesh despite the wife having withdrawn her consent.

The court used its extraordinary powers under Article 142 to virtually re-write the law on divorce by mutual consent under Section 13 B of the Hindu Marriage Act, 1955.

But the court made it clear that high courts or civil courts could not pass such orders because they did not have these extraordinary powers.

According to Section 13 B of the Act, a divorce by mutual consent can be jointly filed by the parties on the grounds that they have been living separately at least for a year.

The court took note of the fact that the wife had made it clear that she would not live with the petitioner (husband) but also she was not agreeable to divorce by mutual consent.

In the present case, the wife withdrew her consent and accordingly, the second additional district judge, Chhindwara, dismissed the petition for divorce in 2005.

The husband challenged the verdict in the Madhya Pradesh High Court, which upheld the trial court’s order.

http://www.hindustantimes.com/News/india/Mutual-consent-divorce-gets-easier/Article1-449710.aspx