Sunday, April 4, 2010
Hyderabad: Former Pakistan cricket captain Shoaib Malik, against whom ‘first wife’ Ayesha Siddiqui filed a complaint on Sunday, may not be allowed to leave India.
Hours after the complaint was registered at the Banjara Hills police station, charging the cricketer with harassment and cheating, Hyderabad police chief AK Khan said all international airports in the country have been alerted about the criminal plaint. This could block Malik’s exit from India.
Earlier in the day, Ayesha had alleged that she was offered $1 million to declare in front of the media that she didn’t have a relationship with Malik. She further accused Malik of frequently calling her and asking her to stay tightlipped on the issue. The complaint also mentioned Malik’s brother-in-law, Imran Zafar.
The police have registered a case against Malik under sections 498-A (subjecting a woman to cruelty by husband or relative of the husband), 420 (cheating), and 506 (criminal intimidation) of the Indian Penal Code (IPC).
"We are seeking legal opinion on arresting Shoaib Malik or even confiscating his passport since he is a foreign national,” additional police commissioner D Tirumala Rao said.
A senior criminal lawyer said, “If the police are registering the case under section 498A, it means they are convinced that Malik is the complainant’s husband. Slapping this section is likely to trigger a major controversy.”
Another senior criminal lawyer told the media, that all these sections are cognisable. “If the police find any prima facie evidence as per the complaint, the accused would be arrested immediately. But it all depends on the officers handling the case. There are always exceptions,” he said.
Malik has the option of seeking anticipatory bail as a foreign national. “He can claim relief since the complaint is registered here. Since the accused is a foreign national, the police have to follow a certain procedure,” the lawyer said.
What is interesting, however, is the timing of the complaint. The court is not functioning on Monday for Malik to seek anticipatory bail.
Malik is set to marry tennis star Sania Mirza on April 15, but the Siddiquis want the cricketer to officially divorce Ayesha before that.
Malik has said he never saw the Ayesha shown to him in photographs and also dismissed the nikahnama with his signature produced by the Siddiquis.
A source close to Malik told the media that he is determined to get out of this mess. “The families of Malik and Mirza have consulted Islamic scholars on the validity of the nikahnama. Malik has even hired a lawyer to argue his case.
"It looks like he is confident of going ahead with the wedding and getting over the dispute,” the source said.
Malik said Islamic scholars maintain that a telephone nikah is invalid. He quoted Mohammed Khader Ali, sadar qazi (chief qazi) of Hyderabad and president of the Andhra Pradesh Association for Qazis, and Muslim law to prove that his alleged marriage to Ayesha was not valid.
But a four-cleric bench of the Darul Iftah Jamiat-ul-Mominat issued a fatwa on Sunday declaring a telephone nikah valid. The fatwa was issued by a male and three female clerics with mufti Mastan Ali Qadri’s signature.
The religious seminary has produced the highest number of female clerics in the country.
Mr.Rebates
Tuesday, April 6, 2010
Monday, April 5, 2010
Was forced into phone ‘nikah’: Shoaib
Was forced into phone ‘nikah’: Shoaib
‘I was cheated….Sania knows everything’; wedding on April 15 in Hyderabad
Hyderabad, April 4 Breaking his silence over the controversy surrounding his alleged first marriage, Pakistani cricketer Shoaib Malik today said he was cheated and forced into a telephonic ‘nikah’ with Hyderabadi girl Ayesha Siddiqui eight years ago.
Projecting himself as a victim of impersonation, the former Pakistani captain said he had signed the ‘nikahnama’ (marriage document) in 2002 presuming that he was marrying the girl whose photographs were sent to him.
“The truth is that I have, to this day, not met the girl in the photograph. Ayesha Siddiqui was the girl who introduced herself as Maha Apa (or elder sister) of Ayesha. When I realised the fraud, it was the worst moment of my life. No one enjoys being cheated. I have been made a fool,” he said in a statement to the media here.
Asserting that ‘nikah’ over phone was not valid as per Islamic law, he said the question of divorce did not arise. Ayesha had earlier accused him of cheating her and demanded divorce. Addressing the media at the residence of his bride to-be and tennis star Sania Mirza, a nervous-looking Shoaib said their marriage would be held in Hyderabad on April 15 as originally planned.
He also made it clear that Sania would continue to play for India after marriage. “Sania knows the truth and has been supporting me through the ordeal. We are happy and the wedding arrangements are on,” he said.
The former Pakistani captain flew into the city on Friday to clear the air following Ayesha Siddiqui’s family slapping a legal notice on him for cheating, defamation and harassment and releasing copies of ‘nikahnama’ as a proof.
Shoaib has been staying at Sania’s house in the upmarket Jubilee Hills for the last two days, discussing marriage arrangements with her family. There are also reports that some of the influential friends of the Mirzas, including former cricketer V Chamundeswarnath, have been trying to mediate with the Siddiquis to sort out the matters amicably.
The fairytale, cross-border romance of the two sporting icons has attracted intense media attention. A battery of journalists from local and national newspapers and TV channels have been camping near Sania’s house, eager to get the sound bites from key players of the unfolding drama.
Giving a detailed account of his tryst with Ayesha and explaining how he was duped, Shoaib, in a two-page statement, claimed that she had starting making phone calls to him in 2001 claiming to be his fan. Later, she kept sending photographs of some other girl and constantly evaded meeting him.
“Every time I brought up the topic of meeting, she would send me a bunch of photographs. When I came to Hyderabad in 2002 to meet Ayesha, I was told that she had left for Saudi Arabia on some urgent work. She told me over phone that Rema and Maha Apa would take me around,” he said.
Later, her family told him that Ayesha was not keen on meeting him as she had put on lot of weight and that the photographs sent to him were old ones.
Shoaib said he was forced into marriage over telephone in June 2002. “We accidentally ran into the truth about who Ayesha was in August 2005. My brother-in-law got a photograph of a teacher in Saudi Arabia who was telling people around her that she is married to me. I was aghast when I saw the photograph of the teacher. She was the woman I knew as Maha Apa,” he said.
The cricketer claimed that Ayesha had apologised to him when he confronted her with the truth.
‘I was cheated….Sania knows everything’; wedding on April 15 in Hyderabad
Hyderabad, April 4 Breaking his silence over the controversy surrounding his alleged first marriage, Pakistani cricketer Shoaib Malik today said he was cheated and forced into a telephonic ‘nikah’ with Hyderabadi girl Ayesha Siddiqui eight years ago.
Projecting himself as a victim of impersonation, the former Pakistani captain said he had signed the ‘nikahnama’ (marriage document) in 2002 presuming that he was marrying the girl whose photographs were sent to him.
“The truth is that I have, to this day, not met the girl in the photograph. Ayesha Siddiqui was the girl who introduced herself as Maha Apa (or elder sister) of Ayesha. When I realised the fraud, it was the worst moment of my life. No one enjoys being cheated. I have been made a fool,” he said in a statement to the media here.
Asserting that ‘nikah’ over phone was not valid as per Islamic law, he said the question of divorce did not arise. Ayesha had earlier accused him of cheating her and demanded divorce. Addressing the media at the residence of his bride to-be and tennis star Sania Mirza, a nervous-looking Shoaib said their marriage would be held in Hyderabad on April 15 as originally planned.
He also made it clear that Sania would continue to play for India after marriage. “Sania knows the truth and has been supporting me through the ordeal. We are happy and the wedding arrangements are on,” he said.
The former Pakistani captain flew into the city on Friday to clear the air following Ayesha Siddiqui’s family slapping a legal notice on him for cheating, defamation and harassment and releasing copies of ‘nikahnama’ as a proof.
Shoaib has been staying at Sania’s house in the upmarket Jubilee Hills for the last two days, discussing marriage arrangements with her family. There are also reports that some of the influential friends of the Mirzas, including former cricketer V Chamundeswarnath, have been trying to mediate with the Siddiquis to sort out the matters amicably.
The fairytale, cross-border romance of the two sporting icons has attracted intense media attention. A battery of journalists from local and national newspapers and TV channels have been camping near Sania’s house, eager to get the sound bites from key players of the unfolding drama.
Giving a detailed account of his tryst with Ayesha and explaining how he was duped, Shoaib, in a two-page statement, claimed that she had starting making phone calls to him in 2001 claiming to be his fan. Later, she kept sending photographs of some other girl and constantly evaded meeting him.
“Every time I brought up the topic of meeting, she would send me a bunch of photographs. When I came to Hyderabad in 2002 to meet Ayesha, I was told that she had left for Saudi Arabia on some urgent work. She told me over phone that Rema and Maha Apa would take me around,” he said.
Later, her family told him that Ayesha was not keen on meeting him as she had put on lot of weight and that the photographs sent to him were old ones.
Shoaib said he was forced into marriage over telephone in June 2002. “We accidentally ran into the truth about who Ayesha was in August 2005. My brother-in-law got a photograph of a teacher in Saudi Arabia who was telling people around her that she is married to me. I was aghast when I saw the photograph of the teacher. She was the woman I knew as Maha Apa,” he said.
The cricketer claimed that Ayesha had apologised to him when he confronted her with the truth.
Shoaib charged with cruelty, cheating
If you already havent heard Former Pakistani Cricket Captian Shoaib Malik was to Merry Indian Tennis star Sania Mirza on April 15, 2010, dont think thats going to happen now. Shoaib Malik was formerly married to Ayesha Siddiqui, well the rest is history. This case is going to turn into food for the media and paparatzi. Read on!
Apr 5, 2010, 02.13am IST
HYDERABAD: The Shoaib Malik-Ayesha Siddiqui tangle turned murkier on Sunday with the latter slapping serious charges against the Pakistani cricketer with the police.
Acting on the complaint filed late in the afternoon, the Banjara Hills police registered cases against Malik under sections 498A (subjecting married woman to cruelty), 420 (cheating) and 506 (criminal intimidation) of the IPC.
Police said Ayesha has alleged that Shoaib married her, then harassed her over petty issues and later denied the nikah ever took place. Now, the complaint says, Shoaib is trying to marry again without her consent.
Ayesha also alleged that Shoaib had offered her $1 million to keep the wedding under wraps and threatened to take her life in case she went to the media. A copy of the nikahnama was attached to the complaint, which was signed by Ayesha and brought to the police by her father.
Two of the sections applied are non-cognizable offences which empower us to effect arrests. They are non-bailable too, a police official said. Officials of the west zone police told the media they might question Shoaib.
Hyderabad poilce commsioner A K Khan said Shoaib cant leave the city without permission. Imigration authorities have been told to keep a look-out for him.
Legal experts said that by registering an FIR under section 498 A cruelty to a married woman by her husband or his relatives the police have accepted Ayeshas claim of being married to Malik.
We are seeking legal opinion to see if the alleged offences were committed in India or abroad. The marriage did not take place in India. We will have to figure out whether the provisions of IPC can be applied on Malik, a foreign citizen, additional commissioner of Hyderabad police Thirumal Rao said.
We are looking for some prima facie evidence that supports the allegations ofs the complainant, R R Girish Kumar, director general of Andhra Pradesh police, told the media.
If we are able to secure some proof, his passport can also be seized. The Pakistan high commission needs to be informed only if we have to arrest Shoaib. But, as of now, all this is theoretical discussion, a senior police official said.
Meanwhile, it is learnt that the Siddiquis have hired a top notch lawyer, Mahmud Ali, to fight their cases. Among other clients, Mahmud Ali represents the interests of the Nizams trusts.
Sources said the state police were in a tizzy because of the impending high profile marriage of Shoaib with tennis star Sania Mirza. The consensus in the top circles was that they would have to tread carefully in the case but yet be seen to be acting fairly in the matter.
Apr 5, 2010, 02.13am IST
HYDERABAD: The Shoaib Malik-Ayesha Siddiqui tangle turned murkier on Sunday with the latter slapping serious charges against the Pakistani cricketer with the police.
Acting on the complaint filed late in the afternoon, the Banjara Hills police registered cases against Malik under sections 498A (subjecting married woman to cruelty), 420 (cheating) and 506 (criminal intimidation) of the IPC.
Police said Ayesha has alleged that Shoaib married her, then harassed her over petty issues and later denied the nikah ever took place. Now, the complaint says, Shoaib is trying to marry again without her consent.
Ayesha also alleged that Shoaib had offered her $1 million to keep the wedding under wraps and threatened to take her life in case she went to the media. A copy of the nikahnama was attached to the complaint, which was signed by Ayesha and brought to the police by her father.
Two of the sections applied are non-cognizable offences which empower us to effect arrests. They are non-bailable too, a police official said. Officials of the west zone police told the media they might question Shoaib.
Hyderabad poilce commsioner A K Khan said Shoaib cant leave the city without permission. Imigration authorities have been told to keep a look-out for him.
Legal experts said that by registering an FIR under section 498 A cruelty to a married woman by her husband or his relatives the police have accepted Ayeshas claim of being married to Malik.
We are seeking legal opinion to see if the alleged offences were committed in India or abroad. The marriage did not take place in India. We will have to figure out whether the provisions of IPC can be applied on Malik, a foreign citizen, additional commissioner of Hyderabad police Thirumal Rao said.
We are looking for some prima facie evidence that supports the allegations ofs the complainant, R R Girish Kumar, director general of Andhra Pradesh police, told the media.
If we are able to secure some proof, his passport can also be seized. The Pakistan high commission needs to be informed only if we have to arrest Shoaib. But, as of now, all this is theoretical discussion, a senior police official said.
Meanwhile, it is learnt that the Siddiquis have hired a top notch lawyer, Mahmud Ali, to fight their cases. Among other clients, Mahmud Ali represents the interests of the Nizams trusts.
Sources said the state police were in a tizzy because of the impending high profile marriage of Shoaib with tennis star Sania Mirza. The consensus in the top circles was that they would have to tread carefully in the case but yet be seen to be acting fairly in the matter.
Deserted NRI wives, Stricter laws to protect them imperative
The dream of a better life abroad has led many unsuspecting Indian girls to fall into the trap of fraudulent marriages with NRI men. The Centre’s plans to have more stringent rules to protect NRI brides can help check the harassment which they often face at the hands of their NRI spouses. Besides looking into the possibility of making visa applicants to India declare their marital status, the government is also considering tracking of cases through family courts and increasing the funds earmarked for legal assistance to brides left in the lurch in foreign lands. All these measures are much-needed and must be put in place.
In a nation, where reportedly 50,000 brides have been deserted by NRI men over the years, the need for stricter laws has been reiterated time and again. The National Commission for Women had earlier demanded a separate legislation to cover NRI affairs, particularly with regard to matrimonial disputes, maintenance of women and children, ex-parte divorce and alimony. The Ministry of Women and Child Development had proposed a second passport for Indian brides who marry NRIs to ensure their safe passage back home. The Law Commission too had made significant recommendations involving changes in maintenance and alimony laws. Yet the solution to the unenviable plight of abandoned wives is nowhere in sight and closer home Punjab faces the maximum number of bride desertions. Stringent laws, however, can act as a deterrent and bring justice to women abandoned by their husbands.
States must pay heed to the Centre’s guidelines and those that have not enacted laws on the compulsory registration of marriages must do so at the earliest. Fast track courts in states with high NRI population, as suggested by the Law Commission, too can bring succour to many women. The Overseas Indian Affairs Ministry and Overseas Indian Women’s Association can play a crucial role in preventing what have in effect become “vacation marriages”. Parents too cannot escape responsibility and must double-check the financial and marital status of prospective NRI grooms. Multi-pronged efforts including massive awareness drives have to be made to ensure that lure for greener pastures doesn’t translate into tears and misery for hapless women.
In a nation, where reportedly 50,000 brides have been deserted by NRI men over the years, the need for stricter laws has been reiterated time and again. The National Commission for Women had earlier demanded a separate legislation to cover NRI affairs, particularly with regard to matrimonial disputes, maintenance of women and children, ex-parte divorce and alimony. The Ministry of Women and Child Development had proposed a second passport for Indian brides who marry NRIs to ensure their safe passage back home. The Law Commission too had made significant recommendations involving changes in maintenance and alimony laws. Yet the solution to the unenviable plight of abandoned wives is nowhere in sight and closer home Punjab faces the maximum number of bride desertions. Stringent laws, however, can act as a deterrent and bring justice to women abandoned by their husbands.
States must pay heed to the Centre’s guidelines and those that have not enacted laws on the compulsory registration of marriages must do so at the earliest. Fast track courts in states with high NRI population, as suggested by the Law Commission, too can bring succour to many women. The Overseas Indian Affairs Ministry and Overseas Indian Women’s Association can play a crucial role in preventing what have in effect become “vacation marriages”. Parents too cannot escape responsibility and must double-check the financial and marital status of prospective NRI grooms. Multi-pronged efforts including massive awareness drives have to be made to ensure that lure for greener pastures doesn’t translate into tears and misery for hapless women.
Dowry Act a tool to tame husbands
Filed for quick action, most cases resolved mutually
April 4, 2010
Is the Dowry Prohibition Act being misused? The answer seems to be in the affirmative if statistics with the Woman and Child Support Unit (WACSU) of the Chandigarh police are to be believed. For, only 81 complaints (six per cent) of the total 1,374 investigated in 2009, a majority of which were under the Act, translated into the registration of a case.
Sources in the WACSU said a majority of the complainants were unable to prove the dowry harassment charges levelled on the spouse and his family.
“A close look at a majority of the complaints filed under the Act reveal that the reasons are more to do with temperamental differences, undue interference of parents and other social causes. Yet, a majority of the complaints are filed under this Act for quick action against the husband and his family. Many a time, such cases get resolved mutually, either with the party accused accepting to pay the amount demanded by the complainant or by agreeing on a divorce. The Act has become a tool to tame unruly husbands, indulging in drinking, extra-marital relationships, gambling and other such activities, leading to the ruining of married lives,” said a police officer.
Citing a case, a police official recounted how a city resident initially demanded Rs 25 lakh from her estranged husband, but later, agreed to withdraw her complaint after settling for half the amount demanded. WACSU claimed to have achieved considerable success in working out compromises between couples.
The success rate for effecting compromise between couples was 36 per cent in 2009 and about 45 per cent (494 out of 1,106 complaints) in 2008, the police said. In addition, 208 couples agreed to divorce mutually in 2009. Only four per cent (41) translated into registration of cases.
In another instance, the relationship between a couple soured within a few months of their marriage. The wife filed a complaint under the dowry Act even while verbally confessing that her complaint was motivated by a perceived threat from her husband’s aggressive behaviour. The story had a positive ending, with the husband promising to mend his ways. “Our motive at the unit is to save marriages. We make every effort that a marriage survives. People come to the police after exhausting all social means to resolve the issue. Both sides have to wait for years to get justice through litigation. We try our best through several counselling sessions to resolve the issue amicably,” said UT SP (Operations and WACSU) RS Ghumman.
Year Complaints Compromises Cases registered
2001 510 197 36
2002 770 314 40
2003 840 444 47
2004 847 433 61
2005 897 365 66
2006 1022 460 87
2007 1181 475 131
April 4, 2010
Is the Dowry Prohibition Act being misused? The answer seems to be in the affirmative if statistics with the Woman and Child Support Unit (WACSU) of the Chandigarh police are to be believed. For, only 81 complaints (six per cent) of the total 1,374 investigated in 2009, a majority of which were under the Act, translated into the registration of a case.
Sources in the WACSU said a majority of the complainants were unable to prove the dowry harassment charges levelled on the spouse and his family.
“A close look at a majority of the complaints filed under the Act reveal that the reasons are more to do with temperamental differences, undue interference of parents and other social causes. Yet, a majority of the complaints are filed under this Act for quick action against the husband and his family. Many a time, such cases get resolved mutually, either with the party accused accepting to pay the amount demanded by the complainant or by agreeing on a divorce. The Act has become a tool to tame unruly husbands, indulging in drinking, extra-marital relationships, gambling and other such activities, leading to the ruining of married lives,” said a police officer.
Citing a case, a police official recounted how a city resident initially demanded Rs 25 lakh from her estranged husband, but later, agreed to withdraw her complaint after settling for half the amount demanded. WACSU claimed to have achieved considerable success in working out compromises between couples.
The success rate for effecting compromise between couples was 36 per cent in 2009 and about 45 per cent (494 out of 1,106 complaints) in 2008, the police said. In addition, 208 couples agreed to divorce mutually in 2009. Only four per cent (41) translated into registration of cases.
In another instance, the relationship between a couple soured within a few months of their marriage. The wife filed a complaint under the dowry Act even while verbally confessing that her complaint was motivated by a perceived threat from her husband’s aggressive behaviour. The story had a positive ending, with the husband promising to mend his ways. “Our motive at the unit is to save marriages. We make every effort that a marriage survives. People come to the police after exhausting all social means to resolve the issue. Both sides have to wait for years to get justice through litigation. We try our best through several counselling sessions to resolve the issue amicably,” said UT SP (Operations and WACSU) RS Ghumman.
Year Complaints Compromises Cases registered
2001 510 197 36
2002 770 314 40
2003 840 444 47
2004 847 433 61
2005 897 365 66
2006 1022 460 87
2007 1181 475 131
Thursday, April 1, 2010
Court vents its ire on a lying spouse She Lied About Job,Wanted More Alimony
New Delhi: While the Hindu Marriage Act ensures women get maintenance from their spouses,a district court has said the provision cannot be used as a tool by a spouse to get enriched unjustly at the expense of the other spouse.
The courts remarks came as it rejected straightaway the plea of a woman seeking maintenance of Rs 15,000 a month for herself and Rs 8,000 for her minor child from her estranged husband.Reena (name changed) moved the court claiming that her husband,a government employee,was earning nearly Rs 50,000 a month and that her job as a temporary teacher in a nursery school did not pay her enough to take care of both herself and her child.
What she did not tell the court was that she was also working as an agent in an insurance company.That fact emerged after her husband,through counsel Prashant Mendiratta,disclosed that she had been working as an insurance agent for a firm which paid her Rs 45,000 a month.
Countering the allegations,the woman told the court that she had been an insurance agent but that she had left her job in January,2010.Irked by the woman concealing facts about her job,the court lambasted her for not coming clean before it.
Details of her job as well as details of income from all sources have to filed before the court.If it is found the applicant has concealed the true nature of her job,the application becomes liable to be dismissed straightaway... this section cannot be permitted to be used as a tool to get enriched unjustly at the expense of the other spouse, said the additional district judge.
Calling the womans claim that she had quit her job an eyewash,the court said her response was fabricated to mislead it and to counter her husbands allegation.The court also refused to revise the Rs 2,500 a month maintenance granted by a metropolitan magistrate to her child,saying it was proper considering the childs mother was also earning.
The courts remarks came as it rejected straightaway the plea of a woman seeking maintenance of Rs 15,000 a month for herself and Rs 8,000 for her minor child from her estranged husband.Reena (name changed) moved the court claiming that her husband,a government employee,was earning nearly Rs 50,000 a month and that her job as a temporary teacher in a nursery school did not pay her enough to take care of both herself and her child.
What she did not tell the court was that she was also working as an agent in an insurance company.That fact emerged after her husband,through counsel Prashant Mendiratta,disclosed that she had been working as an insurance agent for a firm which paid her Rs 45,000 a month.
Countering the allegations,the woman told the court that she had been an insurance agent but that she had left her job in January,2010.Irked by the woman concealing facts about her job,the court lambasted her for not coming clean before it.
Details of her job as well as details of income from all sources have to filed before the court.If it is found the applicant has concealed the true nature of her job,the application becomes liable to be dismissed straightaway... this section cannot be permitted to be used as a tool to get enriched unjustly at the expense of the other spouse, said the additional district judge.
Calling the womans claim that she had quit her job an eyewash,the court said her response was fabricated to mislead it and to counter her husbands allegation.The court also refused to revise the Rs 2,500 a month maintenance granted by a metropolitan magistrate to her child,saying it was proper considering the childs mother was also earning.
HC: Domestic Violence Act can be used with retrospective effect
Mar 23, 2010,
NEW DELHI: In an important ruling, the Delhi high court has clarified that the Domestic Violence Act has a retrospective effect. This means it can be invoked even by women who were subjected to domestic violence before the Act came into force in October 2006.
Justice V K Jain, while dealing with a complaint filed under the Domestic Violence Act, said the Act was maintainable ‘‘even if the domestic violence has been committed prior to coming into force of the Act.’’'
Setting aside the order by a lower court, justice Jain further observed, ‘‘The court needs to eschew from taking an interpretation which would not only be violative of constitutional rights but would also result in denying the benefit of the beneficial provisions of the Act to the women who have been subjected to domestic violence and are compelled to live separately on account of a man’s acts of omission or commission. Such an interpretation would at least partially defeat the legislative intent behind enactment of this Act, which was to protect women against domestic violence, to give them compensation and other suitable reliefs.’’
HC was hearing a petition filed by a woman appealing against the order of a lower court. The petitioner alleged she was forced to leave the matrimonial home because of her husband’s behaviour. While the magistrate allowed her plea and granted maintenance of Rs 6,000 per month to her, the husband appealed against it. A court held that the victim was not entitled to any relief under the DV Act because she had left the matrimonial home in 2005 while the Act came into force a year later.
The Full Judgement here:
http://lobis.nic.in/dhc/VKJ/judgement/22-03-2010/VKJ22032010CRLMM39592009.pdf
NEW DELHI: In an important ruling, the Delhi high court has clarified that the Domestic Violence Act has a retrospective effect. This means it can be invoked even by women who were subjected to domestic violence before the Act came into force in October 2006.
Justice V K Jain, while dealing with a complaint filed under the Domestic Violence Act, said the Act was maintainable ‘‘even if the domestic violence has been committed prior to coming into force of the Act.’’'
Setting aside the order by a lower court, justice Jain further observed, ‘‘The court needs to eschew from taking an interpretation which would not only be violative of constitutional rights but would also result in denying the benefit of the beneficial provisions of the Act to the women who have been subjected to domestic violence and are compelled to live separately on account of a man’s acts of omission or commission. Such an interpretation would at least partially defeat the legislative intent behind enactment of this Act, which was to protect women against domestic violence, to give them compensation and other suitable reliefs.’’
HC was hearing a petition filed by a woman appealing against the order of a lower court. The petitioner alleged she was forced to leave the matrimonial home because of her husband’s behaviour. While the magistrate allowed her plea and granted maintenance of Rs 6,000 per month to her, the husband appealed against it. A court held that the victim was not entitled to any relief under the DV Act because she had left the matrimonial home in 2005 while the Act came into force a year later.
The Full Judgement here:
http://lobis.nic.in/dhc/VKJ/judgement/22-03-2010/VKJ22032010CRLMM39592009.pdf
Wednesday, March 31, 2010
NCW hit with backlog, money woes
New Delhi: The audit report of the National Commission for Women (NCW) has revealed that all’s not well with the commission.
Of 12,895 complaints that came to NCW between 2008-09, onlylittle over half (7,50-9) were addressed. Of these, only 14% could be disposed of.
Out of the 22 NGOs or individuals that were given grants worth Rs 22 lakh for research projects, 15 have notsubmitted an interim report.
Mandatory requirements like jail visits to assess living conditions of women have not been made for the past 4 years.
These observations, made by the Comptroller & Auditor General’s (CAG) inspection report, indicate the malaise that has crept into the NCW. The inspection found that of the 12,895 cases, 7,509 were taken up. Of these, only 1,077 were disposed of.
Admitting that the commission was battling a huge backlog of cases, NCW chairperson Girija Vyas said, “The rate of disposal is low because of several reasons. We lack trained manpower and resources. We are at present managing with a small staff whereas the number of complaints has been steadily increasing. Several of the complaints that come to us are being fought in court. We cannot send people away on the plea that the matter is subjudice. But I am concerned about the large number of cases and have demanded additional trained manpower.”
Another major lapse pointed out by the audit report is that no jail visit — as mandated under the NCW Act — was made between 2006-2007 to 2008-2009. Also, grants amounting to Rs 23.30 lakh were made to 22 NGOs/individuals between 2005-2006 and 2008-2009. Of these 22 cases, even the interim report was not received in 15 cases after a lapse of 5 to 30 months.
Of 12,895 complaints that came to NCW between 2008-09, onlylittle over half (7,50-9) were addressed. Of these, only 14% could be disposed of.
Out of the 22 NGOs or individuals that were given grants worth Rs 22 lakh for research projects, 15 have notsubmitted an interim report.
Mandatory requirements like jail visits to assess living conditions of women have not been made for the past 4 years.
These observations, made by the Comptroller & Auditor General’s (CAG) inspection report, indicate the malaise that has crept into the NCW. The inspection found that of the 12,895 cases, 7,509 were taken up. Of these, only 1,077 were disposed of.
Admitting that the commission was battling a huge backlog of cases, NCW chairperson Girija Vyas said, “The rate of disposal is low because of several reasons. We lack trained manpower and resources. We are at present managing with a small staff whereas the number of complaints has been steadily increasing. Several of the complaints that come to us are being fought in court. We cannot send people away on the plea that the matter is subjudice. But I am concerned about the large number of cases and have demanded additional trained manpower.”
Another major lapse pointed out by the audit report is that no jail visit — as mandated under the NCW Act — was made between 2006-2007 to 2008-2009. Also, grants amounting to Rs 23.30 lakh were made to 22 NGOs/individuals between 2005-2006 and 2008-2009. Of these 22 cases, even the interim report was not received in 15 cases after a lapse of 5 to 30 months.
Sunday, March 28, 2010
Live-in couple splits. Is man liable to pay for kid’s upkeep?
Mar 25, 2010,
NEW DELHI: After throwing its weight behind live-in relationships saying there is no illegality if two adults live together, the Supreme Court is facing a difficult emotional fallout of it.
What if two adults decide to live together in a foreign country, share an apartment and have a child and when they come back, the man goes away saying he had no formal relationship with the woman and hence was not liable to her and the child’s maintenance?
This question has cropped up before the Supreme Court, which has stayed proceedings initiated by a woman under Section 498A of Indian Penal Code in Gujarat. But realising the sensitivity of the issues involved, it posted the case for hearing on May 7.
The case is between Japmandeep and Rajshri. He went to London on a student visa in March 2003 to do post-graduation in information technology from London College of Management and IT. There he met Rajshri, who was pursuing her masters in IT since October 2002. According to Japmandeep, “they became friends and in October 2003 started sharing the same apartment”.
“We shared an apartment in UK, but no religious ceremony for performing marriage took place in London nor did we register any civil partnership as is required under the law of UK. As per UK law, no relationship between the parties exist unless the formalities required under the law of UK are complied with,” Japmandeep said in his petition before the SC seeking quashing of the proceedings initiated by his erstwhile live-in partner.
But there was not a word by the man that a child was born to them in 2005 in UK. After staying the proceedings, the SC issued notice to Rajshri, who in her response submitted documents, including the birth certificate of the child from UK.
The birth certificate showed that the child was born to Japmandeep Singh Ahluwalia and Rajshri Ahluwalia on November 9, 2005, at Wexham Park Hospital, Slough. A copy of the passport annexed to the reply filed in the SC through lawyer H A Raichura also gave identical description of the child’s parents.
To falsify Rajshri’s claim that she was married to him, Japmandeep stated in his petition filed through counsel J S Chhabra that she on October 10, 2006, had made a complaint about domestic violence and rape against him to UK authorities. “However, on December 8, 2006, the complainant withdrew all the allegations levelled against him and signed a statutory declaration in the form of an affidavit before the oath commissioner in England that all the allegations regarding domestic violence, rape and dowry were false and untrue,” Japmandeep said.
But after they reached India on August 29, 2008, Rajshri left for her home in Gujarat and Japmandeep went to Patiala, where his parents lived. “All the communication which have taken place in the year 2008, between Rajshri and Department of Home Office, UK, she was addressed as Rajshri Ben Vijay Kumar Kesri and Japmandeep was addressed as her partner and not her husband,” he said in his defence.
Rajshri initiated proceedings under Section 498A at Patiala and Ahmedabad, and both have been stayed by higher courts — one by Punjab and Haryana HC and the other by SC. However, Rajshri in her response to the apex court expressed willingness to compromise with Japmandeep allowing him to contract fresh marriage provided he returns the money, ornaments and certificates he owed to her, the 4-year-old son remains with her and pays a lumpsum amount to her for maintenance.
NEW DELHI: After throwing its weight behind live-in relationships saying there is no illegality if two adults live together, the Supreme Court is facing a difficult emotional fallout of it.
What if two adults decide to live together in a foreign country, share an apartment and have a child and when they come back, the man goes away saying he had no formal relationship with the woman and hence was not liable to her and the child’s maintenance?
This question has cropped up before the Supreme Court, which has stayed proceedings initiated by a woman under Section 498A of Indian Penal Code in Gujarat. But realising the sensitivity of the issues involved, it posted the case for hearing on May 7.
The case is between Japmandeep and Rajshri. He went to London on a student visa in March 2003 to do post-graduation in information technology from London College of Management and IT. There he met Rajshri, who was pursuing her masters in IT since October 2002. According to Japmandeep, “they became friends and in October 2003 started sharing the same apartment”.
“We shared an apartment in UK, but no religious ceremony for performing marriage took place in London nor did we register any civil partnership as is required under the law of UK. As per UK law, no relationship between the parties exist unless the formalities required under the law of UK are complied with,” Japmandeep said in his petition before the SC seeking quashing of the proceedings initiated by his erstwhile live-in partner.
But there was not a word by the man that a child was born to them in 2005 in UK. After staying the proceedings, the SC issued notice to Rajshri, who in her response submitted documents, including the birth certificate of the child from UK.
The birth certificate showed that the child was born to Japmandeep Singh Ahluwalia and Rajshri Ahluwalia on November 9, 2005, at Wexham Park Hospital, Slough. A copy of the passport annexed to the reply filed in the SC through lawyer H A Raichura also gave identical description of the child’s parents.
To falsify Rajshri’s claim that she was married to him, Japmandeep stated in his petition filed through counsel J S Chhabra that she on October 10, 2006, had made a complaint about domestic violence and rape against him to UK authorities. “However, on December 8, 2006, the complainant withdrew all the allegations levelled against him and signed a statutory declaration in the form of an affidavit before the oath commissioner in England that all the allegations regarding domestic violence, rape and dowry were false and untrue,” Japmandeep said.
But after they reached India on August 29, 2008, Rajshri left for her home in Gujarat and Japmandeep went to Patiala, where his parents lived. “All the communication which have taken place in the year 2008, between Rajshri and Department of Home Office, UK, she was addressed as Rajshri Ben Vijay Kumar Kesri and Japmandeep was addressed as her partner and not her husband,” he said in his defence.
Rajshri initiated proceedings under Section 498A at Patiala and Ahmedabad, and both have been stayed by higher courts — one by Punjab and Haryana HC and the other by SC. However, Rajshri in her response to the apex court expressed willingness to compromise with Japmandeep allowing him to contract fresh marriage provided he returns the money, ornaments and certificates he owed to her, the 4-year-old son remains with her and pays a lumpsum amount to her for maintenance.
Crisis of merit in lower judiciary
Mar 25, 2010,
NEW DELHI: Judiciary faces a crisis of merit at a crucial layer as majority of the states are finding it difficult to fill 25% of district judge posts through a limited departmental examination that was devised to give talent a speedy promotion route.
This became clear before the Supreme Court on Tuesday as senior advocate Vijay Hansaria as amicus curiae pointed to the large number of vacancies in district judge posts, which is the highest level in the lower judiciary responsible for fighting the huge pendency of nearly 2.6 crore cases.
The large number of posts falling under the cadre of Higher Judicial Service was mainly vacant due to failure of existing judicial officers to clear the tough departmental competitive test. The situation is so bad that in Tripura, eight posts were advertised under the speedy promotional route but only two candidates applied, Hansaria said.
Taking up an application filed by Rajasthan Judicial Service Officers’ Association through counsel A D N Rao, a bench comprising Chief Justice K G Balakrishnan and Justices Deepak Verma and B S Chauhan said this was the situation in almost all states.
Rao gave a chart of the vacancies under 25% quota for speedy promotion through competitive examination. It said West Bengal had 50 vacancies, Uttar Pradesh 24, Maharashtra 42 and Orissa 12. The apex court had noticed on January 13 that in Bihar, though 16 posts were available, the HC could fill only two.
The bench issued notice to high courts for their response to the proposal — fill the existing vacancies through promotion based on seniority and reduce the competitive examination quota from 25% to 5%.
At present, 50% of posts of district judge are filled through promotion, 25% through direct recruitment from lawyers and 25% through limited departmental examination. Though the bench felt 25% posts through departmental examination could be filled through an all-India competitive examination, it veered around to the idea of reducing the quota.
The HCs have been asked to send their responses to the apex court before April 20, when the matter will be taken up for hearing afresh.
NEW DELHI: Judiciary faces a crisis of merit at a crucial layer as majority of the states are finding it difficult to fill 25% of district judge posts through a limited departmental examination that was devised to give talent a speedy promotion route.
This became clear before the Supreme Court on Tuesday as senior advocate Vijay Hansaria as amicus curiae pointed to the large number of vacancies in district judge posts, which is the highest level in the lower judiciary responsible for fighting the huge pendency of nearly 2.6 crore cases.
The large number of posts falling under the cadre of Higher Judicial Service was mainly vacant due to failure of existing judicial officers to clear the tough departmental competitive test. The situation is so bad that in Tripura, eight posts were advertised under the speedy promotional route but only two candidates applied, Hansaria said.
Taking up an application filed by Rajasthan Judicial Service Officers’ Association through counsel A D N Rao, a bench comprising Chief Justice K G Balakrishnan and Justices Deepak Verma and B S Chauhan said this was the situation in almost all states.
Rao gave a chart of the vacancies under 25% quota for speedy promotion through competitive examination. It said West Bengal had 50 vacancies, Uttar Pradesh 24, Maharashtra 42 and Orissa 12. The apex court had noticed on January 13 that in Bihar, though 16 posts were available, the HC could fill only two.
The bench issued notice to high courts for their response to the proposal — fill the existing vacancies through promotion based on seniority and reduce the competitive examination quota from 25% to 5%.
At present, 50% of posts of district judge are filled through promotion, 25% through direct recruitment from lawyers and 25% through limited departmental examination. Though the bench felt 25% posts through departmental examination could be filled through an all-India competitive examination, it veered around to the idea of reducing the quota.
The HCs have been asked to send their responses to the apex court before April 20, when the matter will be taken up for hearing afresh.
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