Judgments On NRI Cases By The Courts In India

I thank Ms Girija Vyas for this document. I extracted this information from the MOIA document she sponsored in a misdirected zeal to paint all NRIs men with marital issues as crooks, liars and cheats.

I thought, I’d perform a public service by sparing the public from the vitriol and the smug faces of netas, contained in this otherwise excellent document, by extracting and presenting the excellent parts.

Here is the document: Judgments On NRI Cases By The Courts In India(pdf)

Read this judgment of Justice Shiv Narain Dhingra: Justice Dhingra Quashes An NRI 498A Case

Read this judgment as well:   Delhi HC: Beniwal Vs Beniwal 1989

Also read this news. The Supreme Court is looking into the issue of women who live abroad, fight their divorce/custody battles abroad, lose their cases, land in India and file 498A or whatever against their husbands.

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SC: Concensual Sex Not Rape

NOTE: I sourced this judgment from a dynamic young lawyer.

I am amazed that it took the Supreme Court to drill some sense into the women who willingly consent to a sexual relationship and then scream ‘rape’ when the marriage doesn’t materialize.

We are turning into a land of promiscuous morons and wannabe victimized virgins.

Here is the link to the HT article

Here is the judgment: SC: Concensual Sex Not Rape

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Clarification On NRI Divorces

I am revisiting an old case, the YN Rao vs Venkatalaxmi, NRI divorce case. The crux of the matter is that the Supreme Court has stated, according to the article in TOI given below, that a foreign court has no authority to dissolve a marriage under the Hindu Marriage Act, IF, the person who filed the case in the foreign court is not domiciled (a permanent legal residence) in the jurisdiction of the foreign court.

Here is the link to the YN Rao Vs Venkatalaxmi judgment

Please read this article to understand what the court meant.

Finally read this post to understand the reality of broken NRI marriages and Indian court judgments

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Calcutta HC: No Alimony For Leaving Hubbies On Flimsy Grounds

Folks,
Here is the judgment. It is a large file (1.4Mb): No Alimony For Leaving Hubbies On Flimsy Grounds

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TIMES NEWS NETWORK
Kolkata: Here is one for the harassed husbands’ club. If a woman leaves her husband’s home on “flimsy grounds”, she is not entitled to maintenance, the Calcutta High Court has ruled.
On Thursday, the HC set aside a lower court’s order and asked a Baranagar youth to stop paying his estranged wife a monthly allowance, after judging that she had left her husband’s home “on flimsy grounds”. The landmark judgment is one of those rare cases where the husband gets reprieve in a case under the stringent section 498A, which is meant to prevent harassment of women but is sometimes exploited by the fair sex for unfair ends. The ruling came as a relief for Baranagar’s Partha Pratim Banik who was locked in a bruising battle with his estranged wife, Arundhati. Their marriage had not been a happy one and they had frequent quarrels. According to sources, Arundhati left Partha’s home suddenly one morning, taking along their fouryear-old son, and filed a case against her husband and inlaws under section 498A for “physical and mental torture”. Later, she claimed in court that Partha had cheated her by claiming he was a computer engineer whereas he was a “computer mechanic”.
A Barrackpore court granted her plea and directed Partha to pay her a monthly maintenance of Rs 1,700 — Rs 1,000 for the boy and Rs 700 for Arundhati. Partha appealed against th e order in high court. The case came up for its final hearing on Thursday. Partha’s counsel Koushik Dey said that the allegations against Partha were false and that Arundhati had left her home voluntarily without any concrete reason. He cited section 4 of 125 CrPC, which states that a wife who refuses to stay with her husband without sufficient reason is not entitled to a maintenance allowance. Dey also claimed that Partha was willing to take Arundhati back home, but she had refused.

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A Basic Guide To US Courts

This is a pdf prepared by the Iowa state Judicial Branch. Thought this would be useful to NRIs.

Download the pdf here: A Basic Guide To US Courts

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India To Register Pregnancies To Fight Foeticide

Another act of stupidity emanates from the hallways of the Ministry of Women and Child Development. The Hon’ble Minister, you can see her in action here on YouTube, would like to register all pregnancies in the country to prevent foeticide. Forget the logistics involved. I would like to see the Hon’ble Minister, taking her daughter to the responsible Govt Office and saying to the chap on duty, “Here is my daughter and she is pregnant, the father is my son-in-law, please register the pregnancy.”

Another bit player in this silly act is the Minister Ambumani Ramdoss. He has allegedly been pushing for the appointments of doctors to AIIMS, the premier health care institute, based on their caste and not on the strength of their credentials.

Back to this story, I have a few questions:

• Apart from the issues of privacy involved, we can toss in the issue of religion. Can you imagine a Muslim couple doing this? or will they be exempt to fend off the backlash?
• What about the conservative people in the cow belt? Would they be willing to parade their pregnant wives before unknown men or women?
• How about this situation where a women unfortunately has an abortion due to reasons beyond her control and the foetus is a female? Will she be booked for murder?
• What if a woman wants to abort regardless? Aren’t we now infringing on the reproductive rights for women? The feminists, internationally, will be up in arms.
• What does one do if a woman has an abortion just because she wants a male child and gets a certificate from a doctor saying that the pregnancy was putting her life at risk?

And then think about logistics involved in implementing this law.

You can read about the whole thing here.

All in all, this is a classic example of a self goal, as this law is bound to piss off the feminists, internationally.

Here is Gloria Steinem saying: “I would say that a crucial contribution of feminism is to add reproductive freedom as a fundamental human right. Controlling women’s bodies as the most basic means of production, the means of reproduction, is the origin of patriarchy; thus of domination and hierarchy. Women are reversing that process by seizing control of the means of reproduction, and restoring balance.”

Righto! and we can see women standing before the Babus and saying that “Hey! We are pregnant! Register it!” What would good old Gloria say to that ?

At the least, this is an act of stupidity, literally.

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Women Are More Violent

Here is a link to an article on BBC online.

Women are more violent

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The Indian Domestic Violence Act: Behind The Scenes

Looks like there was a lot of action behind the scenes. Here are some pdfs that explain what I mean:

• Govt version of the bill
• The version by the Lawyers Collective
• The non-negotiables
• Comparison of the DV Act bills

This happened on March 15th 2002.

Here is the link to the pdf: COMMENTS BY MR. ARUN JAITLEY, Union Minister For Law And Justice, in defence of the GOI Domestic Violence Bill Given to women’s groups on March 15, 2002

Here is a comment by Indira Jaising:

“There should be a policy underlying every legislation. The only possible objective of a law on domestic violence can only be to Stop Violence. Whereas the policy of the GOI Draft seems to be to preserve the family and the marriage, and the same is already achieved by all the marriage laws and civil laws. The only “unoccupied field” is protecting a woman from domestic violence and this present draft does not achieve that.”

Here is the pdf if the link is inactive: GOI DVA Bill Original Version Comments

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The SC Takes The Lead On Police Reform

Here is the link to CHRI

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Links To Articles On The Indian Police

Here are some links:

• CHRI on police reforms
• An article on police accountability by GP Joshi
• An article on the achievements and failures of the police
• CHRI guide to the Indian Police Force

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News On The Judiciary

The secret is out in the open.

I will be posting all news items relating to the Judiciary under this section of the blog.

Here is the first item that says that 36% of Indias bribed someone within the Judiciary.

Here is the link : http://www.expressindia.com/fullstory.php?newsid=87139

Here is an article on a book by Justice Sodhi on Judicial politics.

Here is the link from TOI

The NCPRI is running a campaign for judicial accountability and reforms. Here is a doc prepared by them:

Campaign For Judicial Accountability

Justice Dhingra in Action again:

Delhi HC hauls up the minions of the judiciary

 Dr Abdul Kalam on the judiciary: Shortage Of Leadership with nobility. Courts to the rescue

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Torture By Police Is Frequent And Deadly

I wish The Indian Police force sheds its colonial era task of keeping the masses in line with torture and instead does so as an effective police force.

I just saw this article and I am posting it with reservations. The police play a significant role in this extortion racket. I just wish that they stop hiring themselves out as goons.

I hope this happens in my lifetime. Anyway, so much for my musings,

Here is the link:

Here is the pdf in case the link becomes inactive: Torture By Police Is Frequent And Deadly

Amnesty International On police torture and remedies(pdf)

Here is the pdf of the judgment: Judgement: Shakila Abdul Vs Vasant Dhoble: Sept 2003
DK Basu vs State Of West Bengal is considered to be the landmark judgement to prevent custodial deaths. Here is an Explanation of DK Basu Vs State Of WB

Here are the landmark judgments:

1. D.K. Basu Vs State Of W.B: (1997)

2. Joginder Kumar Vs. State Of U.P.25/04/1994

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Stats On Complaints Against Police Personnel

Here is the link to the NCRB website.

I’ll let you draw your own conclusions.

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Stats On Persons Arrested Under The IPC Cases

These are stats from the NCRB (National Crime Records Bureau).

I stumbled upon them due to an act of god.

Stats on Persons Arrested Nationwide Under IPC Cases.

The report states that there is an increase in the number of people arrested under dowry harassment cases.

Here is an excerpt:

“The crime head-wise and sex-wise break-up of persons arrested for IPC crimes during 2005 are presented in Table-12.2. The female criminality in the total IPC crimes accounted to 5.8 percent only (same as previous year), however, the percentage share of female arrestees was higher for those crimes which are perpetrated on women such as Cruelty by Husband and Relatives (22.5%) followed by Dowry Deaths (22.4%) and Kidnapping & Abduction of Women & Girls (7.1%).”

Here is the link which details the stats on Crimes Against Women

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Delhi HC: The Reasoning Behind Permitting The Compounding Of 498A Cases

Folks,
for a while, I’ve wondered why the courts allow the compounding of 498A cases when 498A is NON-COMPOUNDABLE. Justice Dhingra offers an explanation in this judgment. This is a judgment from 2007. Here is an excerpt:

“The Courts have been allowing quashing of proceedings under Section 498A /406 Indian Penal Code, 1860 because in such cases the FIRs are result of matrimonial discord and more often the effort of the Court is that either the parties should settle for a compromise for living together or they should part their company peacefully, so that, there is peace and amity in the society. In cases resulting from matrimonial discord, the Court is not dealing with criminal but dealing with broken marriages and broken homes where resort is more often made to Sections 498A/406 Indian Penal Code, 1860 to teach lessons to the family of husband or to take revenge”

Here is the link to the judgment: Delhi HC: Permitting The Compounding Of 498A Cases

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SC Judgment: Jagraj Singh Vs Birpal Kaur – 2007

This is a divorce case which deals with jurisdiction and the consequences for not obeying summons issued by an Indian Court AFTER submitting to its jurisdiction.

Here is the judgment:  SC Judgment: Jagraj Singh Vs Birpal Kaur

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Dedicated To Those Threatened With Deportation By The In-Laws

This is a judgment from the European Court Of Human Rights.

Extradition is a powerful tool to use and most western govts do not do it unless the reasons are compelling and in their national interest.

Here is the link: European Court of Human Rights

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Implications In A False Case

This is a case from 1999.

This is an issue of rape where the accuser recanted.

In our country, a person accused of rape has more rights than a mother or sister or any other member of the family of a male falsely accused in a 498A case.

Here is the judgment: Allahabad HC-False Rape Case 1999

Clinck here to find out when you can file damages/compensation for being implicated in a false case.

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Delhi HC: Justice JD Kapoor “Make 498A Bailable”

Folks,

Finally found the judgment by Justice JD Kapoor from 2003. He describes the predicament of families facing a 498A accurately.

Here is the link to the news article.

Here is a link to the news article where the desi Taliban were trotted out to protest this judgment, that reflects reality so well.

Here is an excerpt of this judgment:

“Once a complaint is lodged under Sections 498A/406 IPC whether there are vague, unspecific or exaggerate allegations or there is no evidence of any physical or mental harm or injury inflicted upon woman that is likely to cause grave injury or danger to life, limb or health, it comes as an easy tool in the hands of Police and agencies like Crime Agains Women Cell to hound them with the threat of arrest making them run here and there and force them to hide at their friends or relatives houses till they get anticipatory bail as the offence has been made cognizable and non-bailable. Thousands of such c mplaints and cases are pending and are being lodged day in and day out.”

Here is the judgment: Justice JD Kapoor “Make 498A Bailable”

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SC Judgment On OBC Reservation

What has this got to do with 498A?

The answer is simple, vote bank politics in action.

This is an important judgement/order and a good FYI so I am posting it.

Here is the judgment: SC Judgment On OBC Reservation

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