Days of Tempest: The Liam Magill Story

Liam Magill, 54, is the Australian who found that he was not the father of two of his three children by his ex-wife Meredith, 38. The County Court, after DNA tests, confirmed the fact. Damages up to Aus $70K were awarded to him.

The Aussie HC overturned this judgment. There was public condemnation of this ruling and it is now revealed that the judge, Justice Susan Crennan, who made that ruling wasn’t a paragon of virtue after all.

This case has a special significance to Indian men who may find that they are left holding the sins of their wives’ s philandering. The NCW, headed by the corrupt Girija Vyas, wants the courts to ensure that these men raise these testimonials of infidelity as their own. They argue that revelations about their paternity may traumatize these little bastards and the paragons of deceit and disgrace who bore them.

Remember this, Indian courts are reluctant to allow DNA evidence in paternity fraud related divorce cases.

I am posting this to express my solidarity with Liam !

Here is a link to the synopsis of the book:

http://www.leaannacooperseastofeden.com/daoftelimast.html

High Court Judge presiding over MAGILL paternity fraud case had a child as a result of affair

High Court Judge, Justice Susan Crennan, who presided over the now infamous Liam Magill paternity case, had herself given birth as the result of an affair, according to the new book, “Days of Tempest” to be released today.
Minister for Resources, Energy and Tourism, the Honorable Martin Ferguson, confirmed the allegations were true in a private meeting with Mr Magill & Ms King in late 2006.
The Magill case began following DNA tests in 2000, which revealed Mr. Magill wasthe biological father of only the first of their three children born to his then wife, Meredith Magill, between April 1989 and November 1991.
After the couple separated in late 1992, Mr. Magill made child support payments for all three children until 1999. At one time, his take-home pay was reduced to about $130 a week.
He was awarded compensation in 2002, but that decision was overturned in the Court of Appeal. Mr. Magill launched a further appeal to the High Court, which ruled against him in November 2006.
“The High Court’s decision should be made null and void. It was a total conflict of interest, and Crennan should have excused herself,” said Mr. Magill’s current partner, Cheryl King. Justice Crennan’s past was made known to Mr. Magill by Herald Sun columnist, Andrew Bolt.
“A short time before the High Court of Australia handed down their decision, our lawyer received a phone call from Andrew Bolt, a journalist from the Herald Sun Newspaper, in Melbourne. He raised an issue about Justice Susan Crennan and her past adultery/affair, which produced a son,” said Ms King.
A short time after the High Court’s decision, Liam Magill & Cheryl King met with the now Minister for Resources and Energy and Minister for Tourism, the Honorable Martin Ferguson. Ferguson confirmed that the paternity issues surrounding Susan Crennan were in fact accurate.
“Ferguson said that through information provided by his colleagues, he could confirm the rumors were true,” said Ms King. Ferguson used this meeting to remind Magill & King that Crennan was a Howard Government appointee – a fact that was already known to Magill & King. The book, “Days of Tempest” – The Liam Magill Story, by American author Lea Anna Cooper, alleges that Justice Susan Crennan was in a relationship at the time she had this affair, and she already had one son by her then spouse.
“Days of Tempest” is available online at:
http://leaannacooperseastofeden.com/daoftelimast.html.

News Articles On Child Support:

• Judge Orders Man to Get His Child Support Payments Back

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Justice Dhingra Quashes A Writ Mandamus

This is a recent case, where a women passed away by falling off of the roof. The kids testified that it was an accident where as the parents attempted to frame it as a dowry death a month after the fact and after not saying anything when the police came in for an inquiry.

Read this judgment and the clear narration of facts by Justice Dhingra.

Here is the judgment: Justice Dhingra Quashes A Writ Mandamus

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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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The Wife Of A Karnataka Cadre IAS Officer Is Fighting Corruption

I read about Mrs JN Jayshree here:

“In the southern Indian state of Karnataka (of which Bangalore is a part), J. N. Jayashree, wife of a state bureaucrat named M. N. Vijayakumar who has spoken out vigorously against corruption in the government there, started a blog as a way to spread the word about the pilferage currently plaguing Karnataka . Raising her husband’s international profile in the face of the recent murders of whistleblowers such as Satyendra Dubey and Shanmughan Manjunath was another motivation.”

This is an article about her in the New York Times

This is her blog: Fight Corruption Now

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What Does An Interpol Red Corner Notice Application Form Look Like ?

I really like these AP CID guys. They have a lot of information posted at their site, including a downloadable Red Corner Alert application form. Here is a link to their site.

This is what it looks like

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Dowry Harassment Or Mental Sickness

Looks like the Rajkot police had a woman attempting to commit suicide in their station as they didn’t “Help” her with her dowry harassment complaint. This feels more like a case of mental sickness than dowry harassment.

Here is the link from HT

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Violence against women: Good practices in combating violence against women”

Madhu Kishwar got it right. She exposes the Indian feminists to be the hypocrites they are in this article from 2005.

Here is the article:Violence against women: Good practices in combating violence against women”

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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AP HC Quotes Dowry Prohibition Act In 498A Quash Judgment: 2005

Here is the judgment: AP HC Quotes Dowry Prohibition Act In Judgment: 2005

Here is the definition from a judgment of the AP High Court:

Dowry Prohibition Act

3. Penalty for giving or taking dowry:- (1) If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than [five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more:]

Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than [five years.]

[(2) Nothing in sub-section (1) shall apply to, or in relation to,-

(a) presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf):

Provided that such presents are entered in a list maintained in accordance with the rules made under this Act;

(b) presents which are given at the time of a marriage to the bridegroom (without any demand having been made in that behalf):

Provided that such present are entered in a list maintained in accordance with the rules made under this Act:

Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given.]

[4. Penalty for demanding dowry:- If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees:

Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.]

SC Upholds Constitutionality Of Section 498-A

This judgment is explained in this article by Rakesh Shukla

The article is from InfoChange India

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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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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: Passport revocation (NRI 498A Case) Oct 2005

This is a case dealing with an NRI and the revocation of his passport.

Link to news article

Before the passport issue, looks like the guy had applied for AB, but I am not sure if it is the same person though the names match. Here is the link to the Raj Kishore Tayal AB Order.

Looks like they issued a red corner notice too. Here is the link to the CBI Interpol site.

Link to Delhi HC Passport revocation judgment

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SC Judgment Defining Rape

Here is the recent judgment by the SC on rape.

An excerpt :

“What constitutes an outrage to female modesty is nowhere defined in IPC. The essence of a woman’s modesty is her sex. The culpable intention of the accused is the crux of the matter. The reaction of the woman is very relevant, but its absence is not always decisive. Modesty in this Section is an attribute associated with female human beings as a class. It is a virtue which attaches to a female owing to her sex. The act of pulling a woman, removing her saree, coupled with a request for sexual intercourse, is such as would be an outrage to the modesty of a woman; and knowledge, that modesty is likely to be outraged, is sufficient to constitute the offence without any deliberate intention having such outrage alone for its object. As indicated above, the word ‘modesty’ is not defined in IPC.”

Here is the judgment: SC Judgment Defining Rape Mar 2007

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Rajasthan HC: Married Woman Can Live With Her Lover

Here is the article from HT.

I don’t know what to say.

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Grounds For Divorce Under Hindu Marriage Act

Here is a link to an old article on Hindu marriage act: An Old Article On Hindu Marriage Act

GROUNDS FOR DIVORCE

A petition for divorce may be presented by either the husband or wife for dissolving the marriage on the following grounds:

That the other party

1. has after the marriage had voluntary sexual intercourse with any other person; or
2. has after the marriage treated the petitioner with cruelty
3. has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition,
4. has ceased to be a Hindu by conversion to another religion,
5. has been incurably of unsound mind or has been continuously or intermittently from a mental disorder that the petitioner cannot reasonably be expected to live with such a person,
6. has been suffering from a virulent and incurable form of leprosy,
7. has been suffering from venereal disease in a communicable form
8. has renounced the world by entering any religious order.
9. Has not been heard of as being alive for a period of seven years or more by persons who would have naturally heard of it, had that party been alive.

• A word of advice on dealing with divorce lawyers. This is the female perspective: http://indiandivorce.blogspot.com/2007/11/on-your-guard-when-dealing-with-divorce.html
• Collection of judgments: SC /HC Judgments On Divorce/498A/Bail/DV
• The 498A Survival Guide: This is a must as a divorce leads to an automatic 498A in quite a few cases.

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SC Redefines Right To Residence Under DVA

Here is the famous Batra Vs Batra case. Mar 2007.

Here is the judgment: SC Redefines Right To Residence Under DVA

Here is another related article.

Here is a link to a blog that throws more light on the Idiocy known as the Indian Domestic Violence Act 2005.

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Delhi HC Grants Orders Issuance Of New Passport

Folks,

here is a case from 2006 where the Delhi HC orders the RPO to issue a new passport when the holder of the passport got entangled in a case where the original passport had some pages missing.

Read the judgment: Delhi HC Orders RPO To Issue New Passport

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SC Grants Maintenance While Not Judging On DNA Test

Folks,

Here is a case from 2002 where the SC granted maintenance, but did not rule on the DNA test of the child.

Here is the judgment:  Maintenance No DNA Test

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AP HC Orders A DNA Test 2006

Folks,

Here is an instance where the HC orders a DNA test to establish paternity.

The courts prefer to use a DNA test sparingly, but in this case the AP HC allowed it.

Here is the Judgment:  AP HC Orders A DNA Test 2006

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