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Gujarat HC-CrPC 125 only allows Monthly, no lumpsum payments for Residence

July 13, 2016 2 comments

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL REVISION APPLICATION

(FOR MAINTENANCE)

NO. 350 of  2016

DILIPBHAI MOTIBHAI SONARA….Applicant(s)

 

Versus

 

KAJALBEN W/O DILIPBHAI SONARA D/O HIRABHAI VAGHJIBHAI CHHAIYA & 1….Respondent(s)

=========================

Appearance:

MR.DEVENDRA H PANDYA, ADVOCATE for the Applicant(s) No. 1

MR ASHISH M DAGLI, ADVOCATE for the Respondent(s) No. 1 – 2

=========================

CORAM: HONOURABLE MR.JUSTICE S.G.SHAH
Date : 04/07/2016

ORAL ORDER
1. Rule. Learned advocate Mr. Ashish M. Dagli waives service of notice of rule on behalf of respondent Nos. 1 and 2.

  1. Heard learned advocate Mr. Devendra Pandya for the applicant and learned advocate Mr. Ashish Dagli for respondents. Perused the record.
  2. Petitioner herein is husband, whereas respondent No.1 is wife and respondent No.2 is their minor son. The petitioner has challenged the judgment and order dated 24.02.2016 in Criminal Misc. Application No.205 of 2013 by the Family Court, Rajkot. By such impugned judgment, the Family Court has awarded an amount of Rs.5000/- towards maintenance of wife and Rs.3000/- towards maintenance of minor son with cost of Rs.10,000/- The Family Court has awarded an amount of Rs.2,00,000/- as lumpsum amount for the purpose of provision for residence.
  3. The petitioner has challenged such order on several grounds. However, if we peruse the impugned judgment, it becomes clear that present petitioner has defended the claim of maintenance before the Family Court. The petitioner has adduced his own evidence, so also examined two witnesses and produced relevant documentary evidence either to prove his income so also income of the wife. However, the fact remains that so far as income of the wife is concerned, the land in question is not owned by her and, therefore, at the most, she may get some labour charges as agricultural laborer, if at all she is able to do agricultural work. Whereas it is the case of the petitioner husband that wife is working in Beauty Parlour and earning Rs.10,000/-. However, there is no supporting or corroborating evidence to that effect except pleadings and statement by the petitioner.
  4. As against that, petitioner is also owning 11 hectares of agriculture land though it is stated that some of the plots of land owned by his sister. It has also come on record, that his sister is unmarried and she is also serving as a teacher and earning Rs.15,000/- per month. Even evidence of the petitioner husband has confirmed such situation and, therefore, there is reason to believe that husband is having reasonable income and thereby he can certainly maintain his wife and son.
  5. Considering the rival submissions, when petitioner has not disclosed his correct income or relevant evidence for consideration of his income, the Family Court has relied upon the legal provisions regarding adverse inference and held that petitioner must be earning Rs.15,000/- for awarding compensation to his wife and minor child. Therefore, considering overall facts and circumstances so also requirement of wife to stay with dignity, the Court has awarded such amount as maintenance for two living persons and, therefore, I do not see any reason to reduce the same.
  6. However, so far as additional amount of Rs.2,00,000/- towards provision of residence is concerned, it is clear that the Family Court has misinterpreted the decision in the case of Lomalam Amma vs. Kumara Pillai Raghavan Pillai reported in AIR 2009 SC 636 because, though it is true that provision for maintenance must include provision for residence with provision for food and clothing etc. and thereby though basic need of roof over head is to be considered and, therefore, though the Honourable Supreme Court has stated that provision for residence may be made either by giving lump sum in money or properties in lieu thereof or by providing money for necessary expenditure or by giving life interest in property, it becomes clear that under the provisions of Section 125 of the Code of Criminal Procedure, the Court is empowered to make arrangement for maintenance of wife which may include consideration for provision for residence but in my considered view, the Court while passing an order under Section 125 of the Code of Criminal Procedure does not have jurisdiction to award lump sum amount towards residential accommodation though it can be awarded under the provisions of Domestic Violence Act. It cannot be ignored that in such cited decision, the Honourable Supreme Court was dealing with the relief of maintenance under Hindu Adoption and Maintenance Act and not under provisions of Section 125 of the Code of Criminal Procedure. It is quite clear and obvious that both under Hindu Adoption and Maintenance Act and the Protection of Women from Domestic Violence Act, wife can claim a separate residential accommodation or provision for it and competent Court can grant such relief, but there is no similar power vested in the Court while dealing with the application under Section 125 of the Code of Criminal Procedure wherein jurisdiction of the Court is limited for making immediate arrangement for livelihood of the wife and children, though such maintenance must be enough for the wife to live with dignity. However, at the same time, such living should not be luxurious, though she should not be left to live in discomfort.
  7. Therefore, though amount of monthly maintenance may not be disturbed, so far as lump sum amount for residential accommodation is concerned, the same needs to be quashed and set aside. Otherwise also it is quite clear and obvious that an amount of Rs.2,00,000/- would not be sufficient for residential accommodation in a city like Rajkot where wife is residing. In such circumstances, practically while considering quantum of maintenance to be paid to the wife, the Court can consider the proper amount of residential accommodation. In the present case, when Court has awarded total Rs.8,000/- towards maintenance of both applicants from the total income of Rs.15,000/-, it is made clear that this amount includes the provisions for rental accommodation and considering all such aspects, such amount is not reduced to any extent.
  8. For arriving at such conclusion, I am placing reliance on the following decisions: (1) Minati Binati Nayak vs. Govranga Charan Nayak reported in 1995 Cri.L.J. 3569. (2) Vardappa Naidu vs. Thayarammal reported in 1990 (3) Crimes (HC) 706.  (3) Chaturbhuj vs. Sita Bai reported in AIR 2008 SC 530
  9. In view of above facts and circumstances, revision is partly allowed. Thereby impugned order so far as lump sum amount of Rs.2,00,000/- for the purpose of residence is quashed and set aside. Rest of the order regarding maintenance would remain in force. Interim relief shall stand vacated. Rule is made absolute accordingly.

(S.G.SHAH, J.)

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Categories: CrPC 125, IPC, Judgments

Movie Review – Dawat-e-Ishq

September 23, 2014 Leave a comment
Categories: IPC

Good Women vs Bad Men—An insight into media gender stereotyping

September 13, 2014 Leave a comment

Is this site religious?

No.

What does it mean to be (gender) Equality Agnostic?

Gender Equality Agnosticism is a form of Egalitarianism, specifically limited to gender equality. In brief, it is the belief that equality is not a men’s issue, or a women’s issue—it is a human rights issue and therefore needs to be pursued from a standpoint that takes on the position of both sexes.

Equality is defined as: The state or quality of being equal; correspondence in quantity, degree, value, rank, or ability.

Agnostic is defined as: A person who holds neither of two opposing positions on a topic. Socrates was an agnostic on the subject of immortality.

Source—www.Dictionary.com

…Read more…

Good Women vs Bad Men—An insight into media gender stereotyping

Any reference to patriarchy in any of our articles is based on the dictionary definition of patriarchy–essentially a societal norm of awarding authority roles to men. EqualityAgnostic.com does not support the second-wave or RadFem definition of patriarchy as a cruel, oppressive male societal construct.

Take a look at the following headline and make your own assumptions. Which gender do you think the teacher is?

‘Sixth-Grade Teacher Charged with Rape of 13 year old boy…’ (actual article here)

At the start of the female revolution, feminists famously led a controversial argument, ‘Maybe god is a woman’.  It caused a lot of people to look long and hard at a patriarchal bias to promote power-roles as male, to recognise male achievement and to promote awareness of the male contribution to society.  Unfortunately, feminism did not follow that argument through to the next logical conclusion: ‘If god is a woman, then in all likelihood, so is the devil.’

When it comes to societal perception of gender, we are still living with the hangover of this unfortunate norm, a focus on female light and male shadow (—Warren Farrell).

Modern western culture promotes a strong push for the positive recognition of women and a decline in the positive recognition of men.   The reasoning behind this is the belief that women need to be empowered to be equal to men and that further positive reinforcement of men as a group only broadens what feminism has defined as a gender power gap.   If you’re unsure if this is accurate, type “empowering women” and “empowering men” (use the quote marks for an exact search) into google and see the vast difference in the number of results and the tone of those pages.

Feminism’s push to create choice as to whether women adhere to female gender role (mother/nurterer) combined with a societal norm of continuing to propagate the enforcement of, and obligations attached to, male gender role (protector/provider)—a role that teaches men it is their duty to protect women—creates four powerful media norms in western culture:

  1. The female good news story.
  2. The no-gender good news story.
  3. The male bad news story.
  4. The no-gender bad news story.

There is an argument that this norm is the failing of the male-gender centricity inherent in all language. There is some merit to this, but take a look at that list again and note the times that gender is deliberately added or omitted. That isn’t just male centric language.  This is made worse by the fact that societally we preference bad news over good news, leading to more frequent publicising of bad news stories.

These things combined mean that the headline you are most likely to read when you pick up a paper or search a news site is (see exact search matches at end of article):

‘Gunman slays ten’ 1 rather than ‘Fireman saves ten’.2

On the occasion a good news story appears, you are most likely to see female achievement stories such as ‘First woman arrives at space station.’3

When the story champion is female, we declare sex. When the story perpetrator is male, we declare sex.  When the story champion is male, we have a preference of declaring gender neutrality:

‘Firefighter saves ten…’4

When the story perpetrator is female we declare gender neutrality:

‘Teacher rapes student…’5

gender bias in media

Please note that the only reason the female news story is the focus of this image, is that this is the article I clicked on after a google search, a search which displayed title only.

On the rare occasion that gender neutrality does not occur for the male good news story, we declare an individual, not the male gender:

Robert Johnson, the voice for change.’ 6

The outcome of this is a public perception message that ‘a good man’ is the exception and that ‘bad men’ are the norm. Take a look at the statistics at the end of this article and you will get some small insight into why this norm is completely backwards.

This norm influences societal perception of men at the macro and the micro level, and that perception heavily impacts all levels of gender debate and all traction for men’s equality (eg family law) and gender issues.  How? Consider some of the following:

  • Do you feel the statement “You’re just a girl,” is damaging to women?
  • Do you feel the statement, “Be a man,” is damaging to men?
  • Do you feel a lack of equal representation in high power jobs is damaging to women?
  • Do you feel a lack of equal representation in low power jobs is damaging to men?
  • Do you feel female circumcision is damaging to women?
  • Do you feel male circumcision is damaging to men?
  • Do you feel that 4/5 of rape victims being female, is damaging to women?
  • Do you feel that 4/5 of murder victims being male, is damaging to men?
  • Do you feel hate crimes like “acid attacks” on women in extremist countries, is damaging to women?
  • Do you feel that in those same countries, the fact that sons and fathers are selling their internal organs to fulfil their male gender role of provider, is damaging to men?

Your ability to strongly say ‘yes’ to all of those questions will normally depend on three things: which gender you are, how ingrained you are in gender role and how deeply societal gender perception affects you.

The most common reaction is to have no idea at all of the male counterpart as an issue, and if you do, to assignseverity to those issues and to downplay them, rather than merely accept that the only thing the above list signifies is that both genders experience issues which must be addressed. If you think that last statement might represent you, I’d ask you to take just one of those items—a position that is often deemed to be completely acceptable:

Do you feel male circumcision is damaging to men?

I challenge you to put together any group of uncircumcised men at all, and ask them which of them is in favor of having the end of their penis cut off.  See if you can get any takers.

As for severity?  I personally don’t debate severity.  A debate in severity ends in the emotional validation of one person, and no advancement of anyone’s equality or gender issues.

A fight for female equal rights and the removal of female gender role was only the first step towards gender equality.  Until concerted effort is made to end the enforcement of both gender roles, to create equal rights for both genders, to remove both male and female privilege, and to end the negative societal perceptions attached to gender—gender equality will remain an unachievable reality.

Food for thought:  

  1. As of 2007, there were 1,148,500 firefighters in the United States (not including firefighters who work for the state or federal governments or in private fire departments). Of these, 28% are career and 72% are volunteer. This is a career group made up almost 100% by men, with female employee’s primarily filling ‘safe’ support roles.In 2013 America had six mass shootings by six individuals, each spoken of in media as a ‘gunman’.

    Compare the number of stories on each, see below:

1 Google search on ‘gunman’ news articles: 47,000 results

2 Google search for ‘fireman saves’ news articles: 331 results
3 Google search on ‘woman achieve’ news articles: 41,800 results
4 Google search for ‘firefighter saves’ = 5,610 results
5 ‘Teacher rapes’ articles: there are over 4000 results for this, but whether they are about a female teacher raping someone you can only tell by going through each article, one at a time.  Regardless, the heading gives no indication of gender, the outcome is when a man rapes we name men and ‘men’ are seen as perpetrators, when we neutralise female gender bad news stories the assumption is men are responsible for those acts too because women don’t commit rape. Take a look at the picture of the included article that has the aforementioned ‘teacher rapes story,’ notice the column on the right?…

6 Individual good male articles: Basically impossible to show numbers on as it requires searching one individual male at a time and even then the credit goes to ‘a man’ not to ‘men’.

Courtesy:- Daniel Kroker

Categories: IPC

Dowry law misused by disgruntled housewives, stop automatic arrests: SC

July 4, 2014 1 comment

 

On the 2nd of July 2014, the Honorable Supreme Court of India gave a landmark judgment while granting interim bail to an accused under Section 498A of the IPC popularly known as the Dowry Law.

 

 

 

 

10 Links here. More to follow.

NDTV 24X7: http://www.ndtv.com/video/player/the-buck-stops-here/watch-will-more-teeth-to-ncw-curb-crimes-against-women/328483

Watch Amol kurhe on abp news- Is the dowry law being misused in the country?: http://t.co/WkE27MmpyT

 

Categories: IPC

TOI-Gender equality should also be in context of men..

November 17, 2013 Leave a comment
Men’s Rights Association (MRA), Pune is only NGO that specializes in working towards protection of men’s rights and committed to addressing various issues faced by Men. MRA arranges free counseling every Sunday 4 PM at Sambhaji Park, Pune for men in distress due to misandry (male hatred), social attitude and gender-biased laws.
Men’s Rights Association was formed to spread awareness on Men’s Rights, help men in distress and raise concerns of men at various administrative levels of Government. We received overwhelming response to our various initiatives and over the period of last year, the membership of MRA has gone beyond 500 members. MRA is effectively spreading awareness about men’s rights to the people. MRA has not just helped many men in fighting multiple cases filed by their wives but also to remain happy ad contended. Based on our guidance from experienced and senior members, many of such men have successfully won the cases. MRA is striving hard to change this anti-male legal system to that of gender-neutral doing justice to the men and equality amongst both the genders.
 http://timesofindia.indiatimes.com/city/pune/Gender-equality-should-also-be-in-context-of-men/articleshow/25905297.cms
Further MRA is highly active online to spread the awareness and demolish the myth spread in the society by misguided and funded feminists’ organizations. Many of the members of MRA are active on Facebook and other online media and discussion forums spreading the awareness of the cause and our aim in creating a balanced society. We have active facebook page atwww.facebook.com/mensrightsassociation and have been hugely successful in spreading the awareness. MRA believes in gender-neutral laws for the society unlike most militant feminists those take pride in blaming only particular sect for all problems in the society.
Celebrating International Men’s Day 19th November 2013.
THEME: VALUE OF MEN
 International Men’s Day (IMD) is an annual international event celebrated on November 19, it was inaugurated in 1999. Today, IMD is celebrated in over 60+ countries and it is supported by United Nations. MRA and other NGO’s across India are celebrating the IMD from last 3 years
 IMD came into being, to create gender balance in society. Under the guise of women empowerment, serious imbalance is being created in society, by giving undue and unfair advantage to women. This is against the principle of natural justice. IMD is in recognition of the selfless sacrifice that men do for their family, parents, wife, sisters, and children. Society has taken for granted the sacrifice of men. MRA takes IMD as an occasion to enlighten the masses about the hardships and silent sufferings that men undergo. IMD is an occasion for honoring and remembrance of the contributions of men.
Today, the social expectations from men are continuously increasing. The suicide rates of married men are going skywards as more and more men are taken for granted for their contributions to family, cultures and societies. Every year, International Men’s Day is observed to celebrate being male and to spend one day acknowledging the positive contribution of men towards family and the society, in this age of constant criticism, male bashing and misandry in popular culture.
Suicide Data

Swami Vivekananda quoted that “Wont be surprise if half the Husbands in the World suicide due to the harassment of mischievousand unscrupulous wives.” In year 2012, 88,453 men unfortunately killed themselves.

If we could just have a glance on the rate of the suicides of Men in last 17 years as compared to those of women, its shocking and alarming to know that rate at which the suicide rates has been increased is almost double as compared to Women. But still the suicide of MEN is been neglected and no serious measures are taken by the Government to stop this alarming situation of MEN’s  suicide. Whereas Women suicide rate/ percentage is highlighted boldly and more and more anti Male laws/ policies are drafted.

ASAS
This year, the focus of International Men’s Day in Pune is to initiate the discussion among men about the very attributes and constraints of “being a REAL MALE”.  Today few news are propagated that every single MAN is women harasser and criminal based some incidents against Women. And all MEN after reading such news are perceive it to be unmanly, if they discuss any of men’s weaknesses and vulnerabilities including celebrating International Men’s Day. One of the film star has felt ashamed of being MAN. Because MEN are be suppressed by propagating the false and half cooked news. These attitudes are not helping men transform for a peaceful world.
Former President Mr. Abdul Kalam Azad fells clearly that we give more importance for false or half cooked news against MEN at the same time we also forget the contribution of MEN towards the Family, Society, Country, World etc.
In past, many powerful patriarchal men even considered it unmanly to celebrate the international Men’s Day
 
When 3 times more men compared women die in accidents, murders and suicides every year in India, still many men live in denial of their own problems and refuse to seek help or support as they are stuck inside the traditional notions of manhood. Freedom of men from these regressive attitudes is a must, if we all wish for a better world for every human being. Its time men start communicating and sharing their issues and their personal vulnerabilities in their relationships.
According to our survey, 84% of urban Indian males find domestic violence against men by women is funny and abused husbands are not male enough.
Such mindset basically means Men who hit back at the abusive women are “Real Men” and Men who take the abuse without reacting, are not “Real Men”.
Interestingly, the feminists want men to change and yet they want men to remain “Real Men”. Such contradictions in their thinking show, how intellectually challenged they are.
If men have to transform, then one has to look at Male Identity from Men’s Prism, not from Women’s Prism or from Women’s Studies Courses or feminism.
On International Men’s Day, 19th November, we urge:
1.     Men in powerful positions must stop living in denial about men’s issues and even their own vulnerabilities.
      2.      Male film actors must work to end the glorification of violent male protector role.
      3.      Men must not be shamed with expectations of traditional male identity. Its time society stops        tearing men between both traditional Conservative and modern Liberal expectations.
         4.      Immediate establishment of Male Studies departments in Universities.
         5.      Men must go beyond “Good versus Evil” wars so that we can have a peaceful world.
         6.      Establishment of National Commission for Men and Men’s Ministry to create gender equality.
Events in Pune on International Men’s Day…
 
– We will be arranging a small stall Nr Balgandarv Police Chowkey….from 3 pm onwards.
– We will be distributing the IMD pamphlets to the people.
– We are arranging funny games for the people. Also consolation prizes will be distributed by us.
– We will be felicitating few MEN from the society who have contributed to the social cause either by endangering  their Life or by any other social contribution.
– We are expecting some Marathi Film stars as well.
– We will be wishing all the people with Happy Mens Day by distributing small gifts.
Request you to please help us with your ideas to celebrate this DAY.
Every day is not a Men’s Day. Otherwise, the world would not have seen slavery and discrimination of Men on the basis of race, caste, color or religion.
Its time Men stop living in denial about their issues and celebrate International Men’s Day (IMD).
We would to like to extend this celebration to all people and we feel that the FM Channel is the right source which can help us to pass on this events celebration across Pune. As the Red FM is a very popular FM Channel, I request you on behalf of the Mens Rights Association to accommodate this celebration through your channel on 19th Nov at your convenient time. We would appreciate if your esteemed FM Channel could market this Event through out the DAY.
Men make sacrifices everyday in their place of work, in their role as husbands and fathers, for their families, for their friends, for their communities and for their nation. International Men’s Day is an opportunity for people everywhere of goodwill to appreciate and celebrate the men in their lives and the contribution they make to society for the greater good of all.
This helping hand from RED FM will give an opportunity to all Men in Pune to enjoy this day.
Please check on our Facebook page to know about MRA more
Please check on our Yahoo group to know about MRA more.
Categories: IPC

False rape charge lands woman in prison for 4 years that too in India…

September 3, 2013 Leave a comment

TOI:- http://bit.ly/1ag62Ve

A woman has been sentenced to four years in jail for levelling false allegations of rape against a man, who later committed suicide as he could not bear the stigma of spending 72 days in jail for a crime he did not commit.

Last December when the country was witnessing unprecedented protests against Delhi gangrape incident, 35-year-old Chanchal Rathore had accused her 53-year-old landlord, Roopkishore Agrawal, of raping her. However, during the trial, Chanchal admitted that she was not raped.

According to her, she had a quarrel with Agrawal when he had come to collect rent and the money her husband had taken as loan from him. Additional Sessions Judge Savita Dubey, who was hearing the rape case, later ordered that Chanchal be tried for giving a false statement.

The judge even appeared as a witness in the court of Additional Sessions Judge Indira Singh, who sentenced Chanchal to four years in jail under Section 211b of the IPC (making false charge of offence with an intent to injure). She has also been slapped a fine of Rs 10,000, non-payment of which will fetch another six months jail term for her.

Chanchal, who claimed to work for an NGO, was also sentenced to six months in jail under Section 182 (giving false information with an intent to cause public servant to use his lawful power to the injury of another person). Both sentences will run concurrently.

Chanchal is also being separately tried for abetment to suicide, punishable with a seven-year jail term.

Chanchal’s husband Sunil, who took the money from the landlord to buy a Tata Magic vehicle, is also an accused in this case, said Additional Public Prosecutor Hemant Mungi.

Agrawal was found dead in his home on March 17, nine days after he was released on bail. In his suicide note, he had blamed Chanchal for his ordeal and his decision to take kill himself.

महाराष्ट्र टाइम्स- तुटणारी कुटुंबे वाचवा…MAHARALLY

August 14, 2013 Leave a comment

कौटुंबिक हिंसाचारासारख्या एकतर्फी कायद्यामुळे अनेक कुटुंबे तुटत आहेत. हे कायदे बदलण्यासाठी एनजीओंसह नागरिकांनीही पुढे यावे, असे आवाहन करीत केरळमधील चार युवक सायकलने भारतभ्रमणासाठी निघाले. सोमवारी ते नागपुरात दाखल झाले. ‘सेव्ह इंडियन फॅमिली’सह ‘सेव्ह एनर्जी’, ‘स्टे हेल्दी’ असाही नारा ते देत आहेत.

पुरुषावकासा समरक्षणा समितीचे हे युवक आहेत. केरळातील त्रिचूर येथून २८ जुलै रोजी ते सायकलने निघाले. उत्तर भारतमार्गे ते जम्मू-काश्मिरात लद्दाखमध्ये पोहचतील. ५५ दिवसांचा त्यांचा हा प्रवास आहे. सोमवारी त्यांनी दीक्षाभूमीला भेट दिली. या रॅलीत पी. आर. गोकुल हे सेव्ह इंडियन फॅमिली, सी. डी. फ्रान्सिस सेव्ह एनर्जी तर लिओ जोसेफ व शर्पिन पी. टी. स्टे हेल्दी असा नारा देत आहेत.

कौटुंबिक हिंसाचार, हुंडाबळीचा ४९८ (अ) हे कायदे फक्त महिलांच्या बाजूने आहेत. त्यांचा अनेकदा गैरवापर होताना दिसतो. त्यात पती व त्याच्या कुटुंबीयांना त्रास सोसावा लागतो. या कायद्यात बदल करावेत, अशी मागणी या रॅलीतून करण्यात येणार आहे. तसेच, इतर एनजीओंनीही त्यासाठी पुढाकार घ्यावा, असे आवाहन करण्यात येणार आहे.

http://maharashtratimes.indiatimes.com/articleshow/21809516.cms?prtpage=1

Categories: IPC
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