Divorce abroad is Valid in India

Please read the Below judgement and see how unsrupulus members of the Family of the First Wife tried to Misuse the Laws to harass the innocent husband, they were almost successful in the evil intensions but for the good judgement and sensitivity of the Supreme court.

Members of the First Wife who were trying to falsely implicate the husband and his family members should be dealt with sternly and given an exemplary punishment so that nobody  else dare to misuse the laws to take revenge in Family disputes .

The Text of the Judgement is below .

Pashaura Singh vs State Of Punjab &Amp; Anr on 13 November, 2009

        IN THE SUPREME COURT OF INDIA

           CRIMINAL APPELLATE JURISDICTION

           CRIMINAL APPEAL NO.2122 OF 2009

           (Arising out of SLP(Crl.) No. 5910/2006)

Pashaura Singh …Appellant  Versus

State of Punjab & Anr. …Respondents   JUDGEMENT

R.M. Lodha, J.

Leave granted.

2. In this appeal by special leave, the appellant has  challenged the order
dated May 24, 2006 passed by the High  Court of Punjab and Haryana. By the said
order, the petition  filed by the appellant under Section 482 of Code of
Criminal  Procedure for quashing F.I.R. No. 9 dated January 21, 2002  registered
at Police Station Sehna under Sections 498-A, 494,  506/34, IPC has been
dismissed.

3. Kamaljeet Kaur is a landed immigrant of Canada.  On May 7, 1997, she married
Pashaura Singh Sidhu – appellant – at village Ghall Kalan, District Moga,
Punjab. She  left for Canada on May 15, 1997. She sponsored her husband  and,
accordingly, Pashaura Singh went to Canada in 1998.  They stayed together for
few months and then relations  between them became strained. Kamaljeet,
thereafter, started  living separately in Ontario. Pashaura Singh applied for
divorce and dissolution of marriage before the Supreme Court  of British
Columbia and a divorce judgment was passed in his  favour and their marriage
stood dissolved with effect from  February 8, 2001. After the dissolution of
marriage, Pashaura  Singh came to India and remarried on January 2, 2002.
Pashaura Singh went back to Canada with his newly wedded  wife and both of them
have been residing there.

4. On January 21, 2002, Kamaljeet’s brother Balwant  Singh lodged a first
information report being F.I.R. No. 9 at  Police Station Sehna against Pashaura
Singh, Hakam Singh  (father of Pashaura Singh), Randhir Singh (brother of
Pashaura  Singh), Charanjit Kaur (wife of Randhir Singh) and Harbans  Kaur
(mother of Pashaura Singh) alleging therein that on May  7, 1997 he performed
his sister Kamaljeet Kaur’s marriage with    2

Pashaura Singh; that at the time of marriage, according to his  status, he gave
rupees four lacs in cash, gold jewelry, utensils,  almirah, fifty-one suits,
five bags etc. but the accused started  harassing his sister Kamaljeet Kaur and
threatened to kill her if  she did not bring car, electronic items etc. and that
he has now  come to know that Pashaura Singh has entered into second  marriage
in the first week of January, 2002. A case under  Sections 498-A, 494, 506/34,
IPC was registered against the  accused persons and it appears that the police
submitted  challan against them in the court of Judicial Magistrate First
Class, Barnala.

5. Randhir Singh, Charanjit Kaur (Rajinder Kaur),  Hakam Singh and Harbans Kaur
filed a petition under Section  482 of the Code of Criminal Procedure for
quashing the F.I.R.  No. 9 and criminal prosecution against them. Vide order
dated  April 29, 2004, the High Court allowed the petition and quashed  F.I.R.
No. 9 dated January 21, 2002 registered against them  and all subsequent
proceedings.

6. Pashaura Singh by a separate petition under  Section 482 of the Code prayed
for quashing F.I.R. No. 9/2002    3

and the subsequent criminal proceedings against him but, as  noticed above, the
High Court by its order dated May 24, 2006  dismissed his petition. The High
Court in its cryptic order, while  dismissing the petition, observed that
Pashaura Singh has  married second time on January 2, 2002 while he was already
married with Kamaljeet Kaur and the aforesaid marriage has  not been dissolved.

7. Having heard the learned Counsel for the parties  and upon careful perusal of
the materials placed before us, in  our judgment, the order of High Court cannot
be sustained for  more than one reason. In the first place, the High Court
gravely  erred in observing that Pashaura Singh married second time on  January
2, 2002 while he was already married with Kamaljeet  Kaur and the aforesaid
marriage has not been dissolved. The  certificate of divorce dated February 26,
2001 issued by the  New Westminster Registry, Supreme Court of British Columbia
shows that the marriage of Pashaura Singh and Kamaljeet Kaur  stood dissolved on
February 8, 2001. As a matter of fact, this  fact is noticed in the order dated
April 29, 2004 whereby the  High Court quashed F.I.R. No. 9 and the subsequent
criminal    4

proceedings against the family members of Pashaura Singh. In  the affidavit
filed by Gurmail Singh, Deputy Superintendent of  Police in response to the
petition filed by the appellant under  Section 482 before the High Court, it has
been admitted that  during investigation on March 14, 2002 Hakam Singh had
produced photocopy of divorce certificate purporting to have  been issued by the
Supreme Court of British Columbia. The  observation of the High Court, thus,
that Pashaura Singh  married second time, although his marriage has not been
dissolved, is ex-facie contrary to record.

8. Section 494, IPC, inter-alia, requires the following  ingredients to be
satisfied, namely, (i) the accused must have  contracted first marriage; (ii) he
must have married again; (iii)  the first marriage must be subsisting and (iv)
the spouse must  be living. Insofar as present case is concerned the appellant’s
marriage with Kamaljeet Kaur was not subsisting on January 2,  2002 when he is
said to have married second time. Pertinently  before the High Court, along with
reply, the complainant  Balwant Singh annexed copy of an affidavit filed by
Kamaljeet  Kaur which states that she was not aware of the divorce    5

proceedings filed by her husband Pashaura Singh. However,  from this affidavit,
it is apparent that her husband has obtained  a divorce judgment. There is
nothing in the affidavit that divorce  judgment has been stayed or set aside. On
the face of the  allegations made in the first information report, therefore,
ingredients of the offence under Section 494, IPC are not  satisfied.

9. Insofar as offence under Section 498-A is  concerned, the High Court in its
earlier order dated April 29,  2004 in the petition filed by the family members,
observed thus:   “I have perused the First Information Report registered
against the petitioners.

              The only allegation against the petitioner is that they started
harassing Kamaljeet Kaur Gill for not bringing more dowry. No demand of dowry
has been made by the petitioners, nor is there any specific entrustment, as
alleged in the First Information Report of dowry articles to the petitioners.
Parties have divorced each other, as per the order of the Supreme Court of
British Columbia (Annexure P-1). Order is dated February 25, 2001. It is after
this divorce that Pishora Singh got married in India on January 2, 2002.”

10. Moreover, in the affidavit of Kamaljeet Kaur referred  to hereinabove, there
is not a word about demand of dowry or  harassment on account of dowry by the
appellant.     6

11. We have no hesitation in holding that the first  information report lodged
by Balwant Singh is manifestly  attended with malafides and actuated with
ulterior motive. The  prosecution of the appellant is not at all legitimate,
rather it is  frivolous, vexatious, unwarranted and abuse of process. The
appellant has made out a case for quashing the first information  report and all
subsequent proceedings pursuant thereto.

12. For the reasons indicated above, appeal is allowed  and order dated May 24,
2006 passed by the High court of  Punjab and Haryana is set aside. Resultantly,
F.I.R. No. 9  dated January 21, 2002 registered at Police Station Sehna and  all
subsequent proceedings pursuant thereto stand quashed  and set aside.

13. The pending applications stand disposed of.    ……………………J

                                          (Tarun Chatterjee)

  ……………………J

                                                 (R. M. Lodha)

New Delhi,

November 13, 2009.

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From: Nyaya Yodha <nyayayodha@gmail.com>
To: saveindianfamily@yahoogroups.com
Sent: Sun, November 15, 2009 11:37:59 AM
Subject: [SaveIndianFamily] Public RTI to NCPCR (National Commission for Protection of Child Rights) for child visitation/custody cases

 
for all those with custody cases… download and File this RTI by putting
your own name and address, get response from NCPCR, and file the response as
argument in family court for child custody/ visitation cases.

http://dl.dropbox.com/u/2371641/RTIs%20Public/NCPCR_RTI_TemplateNov09.doc
http://dl.dropbox.com/u/2371641/RTIs%20Public/NCPCR_RTI_TemplateNov09.doc

Use this process of argument/ evidence:

1. That NCPCR has not done any study related to effect of single parent
custody on children, PAS, child development, child psychology etc.

2. Then proceed to argue that since no such study is available in India,
that studies done outside India be considered as expert opinion and
evidence. Show studies done in US or other countries about ill-effect of
single parent custody, and benefits of joint parenting. Court cannot refuse
to look at such studies in that case.

3. If they do not still look at it favourably, then say that this is against
UN child rights convention, which clearly says that child should have access
to both parents whether divorced etc. NCPCR has the mandate to follow
United nations CRC

4. Screw NCPCR again if the court does not pass favourable order.

NCPCR has budget of 6 cr I think… let’s help them utilize it for something
useful for children’s cause.

yodha

–
http://nyayayodha. blogspot. com
http://nyayabharat. blogspot. com

[Non-text portions of this message have been removed]

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Part1-Arrest to be the last resort in case of IPC 498a (Dowry Harassment & Cruelty law)

http://www.youtube.com/watch?v=GbtH3-snyAg

________________________________
From: niladri_shekhar_das_in <niladri_shekhar_das_in@yahoo.co.in>
To: saveindianfamily@yahoogroups.com
Sent: Fri, November 13, 2009 1:02:00 PM
Subject: [SaveIndianFamily] Re: List of articles exchanged during marraige – Format

 
The Judgement dated 21st August, 2007 PRADEEP NANDRAJOG, J. states:

Now-a-days, exorbitant claims are made about the amount spent
on marriage and other ceremonies and on dowry and gifts. In some cases claim is made of spending crores of rupees on dowry without disclosing the source of income and how funds flowed. I consider time has come that courts should insist upon disclosing source of such funds and verification of income from tax returns and police should insist upon the compliance of the Rules under Dowry
Prohibition Act and should not entertain any complaint, if the rules have not been complied with. Rule 2 of the Dowry Prohibition (Maintenance of List of Presents to the Bride and Bridegroom) Rules, 1985 reads as under:

2. RULES IN ACCORDANCE WITH WHICH LISTS OF PRESENTS ARE TO BE MAINTAINED.-
(1) The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride.

(2) The list of presents which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom.

(3) Every list of presents referred to in Sub-rule (2)-
(a) shall be prepared at the time of the marriage or as soon as possible after the marriage;

(b) shall be in writing;

(c) shall contain:

(i) a brief description of each present;

(ii) the approximate value of the present;

(iii) the name of the person who has given the present; and

(iv) where the person giving the present is related to the bride or
bridegroom, a description of such relationship.

(d) shall be signed by both the brides and the bridegroom.

And the full judgement

============ ========= ========= ========= =
IN THE HIGH COURT OF DELHI AT NEW DELHI

Bail Application No.1711/2007

Smt.Surjit Kaur Chopra …….. Petitioner

VERSUS
$ State and Anr. …….
Respondents

Bail Application No.1716/2007

Sh.Harbhajan Singh Chopra …….. Petitioner

VERSUS
$ State and Anr. ……. Respondents

Present: Mr.K.T.S. Tulsi, Senior Advocate with
Mr.Karan Singh, Mr.Santosh Chaurihar,
Mr.Miraj Kain and Mr.Ravinder Singh,
Advs. for the petitioner.
Mr.Anil Soni for the State.

Mr.K.K.Manan, Mr.Tarun Goomber,
Mr.Rishikesh Choudhary and
Mr.Gaurav Goswami for respondent No.2.

21.08.2007
DATE OF DECISION: 21.08.2007

CORAM:

Hon’ble Mr.Justice Pradeep Nandrajog

1. Whether reporters of local papers may be allowed
to see the judgment? Y

2. To be referred to the Reporter or not? Y

3. Whether judgment should be reported in Digest? Y

: PRADEEP NANDRAJOG, J.

FIR No.6/2007 dated 3.1.2007
under Section 498-A/406 IPC
PS Hazrat Nizamuddin.

1. Vide Bail Application No.1711/2007, Smt.Surjit Kaur Chopra seeks
anticipatory bail. Vide Bail Application No.1716/2007, Sh.Harbhajan Singh
Chopra seeks anticipatory bail. The 2 applicants are the mother-in-law and
father-in-law respectively of the complainant, Arti.
2. At the outset, I must refer my displeasure at the manner in
which Bail Application No.1711/2007 has been drafted by learned counsel for the
petitioner.
3. The same is a verbatim copy of Bail Application No.1716/2007.
4. Use of computers does not mean that learned members of the Bar
would not apply their mind. Human beings cannot become computers and start
operating themselves by clicking a mouse.
5. Little realizing that in Bail Application No.1716/2007 reference
to the applicant was made as father of the husband of the complainant i.e. as
father-in-law of the complainant, even Smt.Surjit Kaur Chopra has been referred
to as father of the husband of the complainant i.e. father-in-law of the
complainant.
6. In the instant case, the misdescription may be trivial. But in
large number of cases I notice that the misdescription is not trivial, more so,
when disputes relate to complaints under Section 138 of the Negotiable
Instruments Act 1881. In said cases description of the accused with reference
to the role assigned becomes relevant. Precious judicial time is wasted in
identifying who is being referred to and in what context reference is being made
pertaining to persons accused of offence and who have filed quashing petitions
challenging the summoning order.
7. It is hoped and expected that learned members of the Bar would
justify them being referred to as ‘learned counsel’. Their being learned must
be reflected in their pleadings.
8. Referring to the facts, why else would a father-in-law and
mother-in-law be seeking bail? Of course, when their daughter-in- law has filed
a complaint resulting in registration of FIR under Section 498-A/406/34 IPC.
This has happened in the instant case.
9. Since issue of anticipatory bail has to be decided, reference to
the FIR becomes necessary.

10. Touching upon the salient features of the FIR, complainant
Arti, stated that she met Jitender Singh Chopra, son of the applicants in London
in July 2004 through common friends. She states that the two met a number of
times and around 3rd week of September 2004 decided to get married in Dubai on
30.9.2004 She stated that she and Jitender Singh Chopra came to Delhi and got
engaged. That at the time of engagement presents worth Rs.15 lakhs were gifted
by her parents to the in-laws and relatives of Jitender. That her in-laws gave
her jewellery worth Rs.40 lakhs. That at the asking of her prospective mother-
in-law, for relatives who were not present at the engagement, her mother sent
additional gifts worth Rs.5 lakhs. That marriage between the complainant and
Jitender was solemnized at Dubai on 27.10.2004 as per Hindu rites and customs.
At the time of marriage her mother, relatives and friends gave gifts worth Rs.70
lakhs. Her in-laws gifted her jewellery worth Rs.90 lakhs. Next day her
mother-in-law took away the jewellery for safe keeping. She and her husband
came to Delhi on 3.11.2004 and stayed at the farm house of the in-laws. The
couple celebrated their first Deepawali. On said function her relatives gave
gifts worth Rs.40 lakhs to her husband. That her mother and her relatives gave
her ancestral jewellery worth Rs.1.75 lakhs at said function. That her in-laws
gave her expensive gifts and jewellery worth Rs.80 lakhs. That when they were
at Delhi her brother-in-law tried to force himself upon her. That she was
disgraced by the family of her in-laws who stated that they expected that she
would bring a Mercedes car in her dowry. That when the couple left for their
honeymoon her husband compelled her to drink excessively as also to indulge in
vulgar sexual acts. That since it was her second marriage she did not speak to
anyone. That on 18.1.2005 she and her husband went back to Dubai. For said trip
her husband demanded Rs.25 lakhs from her mother. Her mother arranged Rs.5
lakhs and gave the same to her husband. That her husband demanded more money.
Her mother paid Rs.15 lakhs. That she came back to Delhi on 29.12.2005 and in
spite of requests to hand over her jewellery, none was being returned to her.
That her father-in-law wanted her parents to transfer ownership rights of 2
floors of their house in name of her husband. That her mother-in-law had
retained her jewellery.
11. According to the petitioners the marriage at Dubai was financed
by the petitioners. Entire stay of the family of the bride was paid for by the
petitioners. That after the wedding, the newly wed came to Delhi to celebrate
their first Deepawali and went back to Dubai in February 2005. They took on
rent a villa and resided separately from the petitioners. That the couple
separated due to temperamental differences. That their son sought divorce in
London due to irreconcilable differences. That the FIR was a counter blast to
the divorce petition filed by their son.
12. Before dealing with the rival submissions on the issue whether
petitioners should be granted anticipatory bail or not, it has to be noted that
petitioners as also their second son i.e. the brother-in-law of the complainant
sought anticipatory bail before the learned Additional Sessions Judge. Attempts
were made to compromise the matter and in full and final satisfaction of all
claims of the complainant not only the FIR be withdrawn but the couple could
agree for an amicable settlement. Order dated 29.3.2007 passed by the learned
Additional Sessions Judge records that a settlement was arrived at pursuant
whereto complainant would be paid Rs.4 crores in cash and a flat at DLF Gurgaon
worth Rs.60 lacs would be transferred in her name. Thereafter, the talks broke
down inasmuch as offer was reduced to Rs.2 crores.
13. Petitioners when charged with attempting to wriggle out of an
agreed settlement explained that their younger son was briefing the counsel and
he was receiving instructions from the husband of the complainant for the reason
any payment under the settlement had to be financed by the husband of the
complainant. That unfortunately, their son i.e. husband of the complainant
could not firm up his mind and for said reason settlement failed.

14. Shri K.T.S. Tulsi, learned senior counsel for the applicants
urged that proceedings for grant of anticipatory bail cannot be converted into a
recovery proceedings. Learned senior counsel urged that the anxiety of the
Court to try and effect a settlement between the warring couple may be a
laudable act but is alien to the exercise of jurisdiction while deciding an
application seeking grant of anticipatory bail. Learned senior counsel urged
that the well known parameters viz. gravity of the offence, seriousness of the
allegations constituting the offence, possibility of the accused absconding or
threatening witnesses of the prosecution, inherent probabilities, for and
against the accused are some of the factors which have to be considered by the
Court while deciding an application for grant of anticipatory bail.
15. Expanding the argument, learned senior counsel submitted that
documents annexed as Annexure-C to the petitions conclusively establish that the
petitioners paid the entire bill at Dubai when marriage took place. Drawing
attention to Annexure-D, learned senior counsel urged that the same evidences
that the newly married couple set up separate residence in Dubai. As regards
the petitioners, learned senior counsel urged that they were residents of Delhi.
Their son was settled abroad. Except for participating in the joyous occasion
of the marriage of their son and showering their blessings and gifts upon the
newly wed as also to finance the marriage, the two had no role to play in the
matrimonial life of the couple. Learned senior counsel further urged that
allegations in the FIR are alien to the social norms of the society from which
complainant, her family and the petitioners come from. Learned senior counsel
explained that main items are gifted to the couple at the time of their
marriage. Thereafter, as and when festive occasions occur, small gifts are
exchanged. Learned senior counsel urged that it was unbelievable that at the
time of Deepawali celebrations after the couple got married, complainant’ s
family members would gift to their daughter and her in-laws, gifts worth Rs.1.75
crores. Learned senior counsel further submitted that the allegations of dowry
demand are against the husband i.e. the son of the petitioners. Allegations of
mental and physical cruelty are against the husband save and except a vague
allegation that on one occasion father-in-law threw a plate at the complainant
and abused her as a bitch. Learned senior counsel stated that the two
allegations pertaining to dowry demand against the father-in-law viz that he
expected his daughter-in- law to bring a Mercedes car and a demand for ownership
rights of 2 floors in her parent’s house at Sunder Nagar are false. Learned
senior counsel submitted that the gravement of the allegation against the
mother-in-law is that she retained the jewellery of the complainant.
16. Learned senior counsel urged that in view of the fact that the
complainant and her husband had set up their matrimonial house at Dubai, a
residence separate from that of the petitioners, considering the social
background of the family of the complainant as also the petitioners it was
unbelievable that the complainant would have handed over her jewellery to her
mother-in-law.
17. Fulcrum of opposition by learned counsel for the complainant
centered around the orders passed by the learned Additional Sessions Judge
regarding a settlement between the parties from which petitioners back tracked.
Learned counsel submitted that the said settlement evidenced the acknowledgment
by the petitioners that the complainant had to be recompensed. Learned counsel
submitted that the jewellery articles of the complainant have yet to be
recovered. Counsel submitted that the complainants have started dissipating
their assets. Thus, counsel urged that no case is made out to grant
anticipatory bail to the petitioners.
18. It is not in dispute that the instant marriage was the second
marriage of both parties. Thus, both would be presumed to be aware of not only
their matrimonial obligations but even the matrimonial laws. Judicial
authorities are replete with a caution by the Courts that the unfortunate

tendency to rope in all family members of the in-laws is a growing trend which
has two side effects. Firstly, innocent persons suffer the trauma of a criminal
prosecution and secondly, even the accused get acquitted for the reason, false
implication of innocent persons is followed by presentation of fabricated
evidence before the Court. So inextricably interwoven is truth with lies that
truth cannot be segregated from lies resulting in benefit of doubt being given
even to the accused persons.
19. More often than not, pertaining to dowry, Courts are faced with
a dilemma inasmuch as tax avoidance is the norm in India. Huge volume of black
money in circulation finds expression in ostentatious marriages. But when
called upon to prove that the family had enough assets to justify the stated
gifts gifted at the time of marriage, family members of the girl side have no
answers. They cannot establish the means to justify their capacity to shower
gifts worth crores.
20. In the instant case, before the in-laws of the complainant can
be called upon to account for the gifts given by the parents of the girl, the
parents of the girl would have to establish their means and their capacity to
gift items worth Rs.3 crores to their daughter and her in-laws.
21. As noted above, gravement of the allegations are directed
principally against the husband. No doubt, there is reference against the
petitioners pertaining to dowry demand and retention of jewellery, but, as noted
above, allegations of dowry demand are against the father-in-law and not against
the mother-in-law. Vice versa, allegations pertaining to retention of the
jewellery of the complainant is against the mother-in-law and not the father-in-
law. Thus, if at all, father-in-law may be answerable to a charge under Section
498-A IPC. If at all, mother-in-law may be answerable for a charge under
Section 406 IPC.
22. Qua the mother-in-law a circumstance which stands out is that
her son and her daughter-in- law had a separate residence at Dubai. The couple
was married at Dubai. Whatever may be the jewellery gifted to the complainant
at the time of marriage, there is no material on record that when she along with
her husband came to India they made a declaration to the Customs Authority that
personal jewellery worth crores was being brought by her i.e. the complainant to
India. Greater probability would be that either jewellery of the value alleged
to be gifted to her by the complainant was not gifted to her, or if gifted, the
same was in her custody at Dubai.
23. Pertaining to the father-in-law I find that the allegations are
general. It is not stated in the complaint that because father-in-law desired
that the complainant should bring a Mercedes car he i.e. the father-in-law took
vengeance against the complainant. What is stated in the FIR is that the
father-in-law commented that he expected that the complainant would bring as
part of dowry a Mercedes car.
24. Prima facie, it is one thing to have a desire and express the
same. It is altogether another thing to raise a demand as per the desire.
25. Allegation of mental cruelty against the father-in-law pertains
to an alleged incident when according to the complainant she served cold food to
her father-in-law. Prima facie, said allegation of cruelty does not relate to a
dowry demand.
26. The only other allegation pertaining to transfer of 2 floors in
the house of the complainant’ s parents at Sunder Nagar is without any
particulars i.e. the day or the month when said demand was raised.
27. In the report published as 2006 (6) SCC 736 Indian Oil
Corporation vs. NEPC India Ltd. in para 13 the Hon’ble Supreme Court lamented as
under:-
?13. While on this issue, it is necessary to take notice of a
growing tendency in business circles to convert purely civil disputes into
criminal cases. This is obviously on account of a prevalent impression that

civil law remedies are time consuming and do not adequately protect the
interests o lenders/creditors. Such a tendency is seen in several family
disputes also, leading to irretrievable breakdown of marriages/families. There
is also an impression that if a person could somehow be entangled in a criminal
prosecution, there is a likelihood of imminent settlement. Any effort to settle
civil disputes and claims, which do not involve any criminal offence, by
applying pressure through criminal prosecution should be deprecated and
discouraged. ?
28. In para 19 of the report published as (2005) 6 SCC 281 Sushil
Kumar Sharma vs. Union of India, the Supreme Court observed as under:-
?19. The object of the provision is prevention of the dowry menace.
But as has been rightly contended by the petitioner many instances have come to
light where the complaints are not bona fide and have been filed with oblique
motive. In such cases acquittal of the accused does not in all cases wipe out
the ignominy suffered during and prior to the trial. Sometimes adverse media
coverage adds to the misery. The question, therefore, is what remedial measures
can be taken to prevent abuse of the well-intentional provision. Merely because
the provision is constitutional and intra vires, does not give a licence to
unscrupulous persons to wreak personal vendetta or unleash harassment. It may,
therefore, become necessary for the legislature to find out ways how the makers
of frivolous complaints or allegations can be appropriately dealt with. Till
then the courts have to take care of the situation within the existing
framework. As noted above the object is to strike a the roots of dowry menace.
But by misuse of the provision a nw legal terrorism can be unleashed. The
provision is intended to be used as a shield and not as an assassin’s weapon.
If the cry of ?wolf? is made too often as a prank, assistance and protection may
not be available when the actual ?wolf? appears. There is no question of the
investigating agency and courts casually dealing with the allegations. They
cannot follow any straitjacket formula in the matters relating to dowry
tortures, deaths and cruelty. It cannot be lost sight of that the ultimate
objective of every legal system is to arrive at the truth, punish the guilty and
protect the innocent. There is no scope for any preconceived notion or view.
It is strenuously argued by the petitioner that the investigating agencies and
the courts start with the presumptions that the investigating agencies and the
courts start with the presumptions that the accused persons are guilty and that
the complainant is speaking the truth. This is too wide and generalized a
statement. Certain statutory presumptions are drawn which again are rebuttable.
It is to be noted that the role of the investigating agencies and the courts is
that of a watchdog and not of a bloodhound. It should be their effort to see
that an innocent person is not made to suffer on account of unfounded, baseless
and malicious allegations. It is equally undisputable that in many cases no
direct evidence is available and the courts have to act on circumstantial
evidence. While dealing with such cases, the law laid down relating to
circumstantial evidence has to be kept in view.?

29. In the decision dated 23.2.2007 in Crl.M.C. No.7262/2006 Neera
Singh vs. State and Ors. a learned Single Judge of this Court had pains to note
as under:-
?4. Now-a-days, exorbitant claims are made about the amount spent
on marriage and other ceremonies and on dowry and gifts. In some cases claim is
made of spending crores of rupees on dowry without disclosing the source of
income and how funds flowed. I consider time has come that courts should insist
upon disclosing source of such funds and verification of income from tax returns
and police should insist upon the compliance of the Rules under Dowry
Prohibition Act and should not entertain any complaint, if the rules have not
been complied with. Rule 2 of the Dowry Prohibition (Maintenance of List of
Presents to the Bride and Bridegroom) Rules, 1985 reads as under:

2. RULES IN ACCORDANCE WITH WHICH LISTS OF PRESENTS ARE TO BE MAINTAINED.-
(1) The list of presents which are given at the time of the marriage to the
bride shall be maintained by the bride.

(2) The list of presents which are given at the time of the marriage to
the bridegroom shall be maintained by the bridegroom.

(3) Every list of presents referred to in Sub-rule (2)-
(a) shall be prepared at the time of the marriage or as soon as possible
after the marriage;

(b) shall be in writing;

(c) shall contain:

(i) a brief description of each present;

(ii) the approximate value of the present;

(iii) the name of the person who has given the present; and

(iv) where the person giving the present is related to the bride or
bridegroom, a description of such relationship.

(d) shall be signed by both the brides and the bridegroom.

5. The Metropolitan Magistrate should take cognizance of the
offence under the Act in respect of the offence of giving dowry whenever
allegations are made that dowry was given as a consideration of marriage, after
demand. Courts should also insist upon compliance with the rules framed under
the Act and if rules are not complied with, an adverse inference should be
drawn. If huge cash amounts are alleged to be given at the time of marriage
which are not accounted anywhere, such cash transactions should be brought to
the notice of the Income Tax Department by the Court so that source of income is
verified and the person is brought to law. It is only because the Courts are
not insisting upon compliance with the relevant provisions of law while
entertaining such complaints and action is taken merely on the statements of the
complainant, without any verification that a large number of false complaints
are pouring in.?
30. Admittedly, neither complainant nor her family members have
complied with Rule 2 of the Dowry Prohibition (Maintenance of List of Presents
to the Bride and Bridegroom) Rules 1985.
31. Since allegations in the complaint are to the effect that
jewellery and gifts worth crores were given by the parents and relatives of the
complainant, instant case would require a prior investigation by the
investigating officer before petitioners are made to account for the gifts,
whether at all the family of the complainant had the means to shower gifts of
such magnitude.
32. I note that the husband of the complainant is paying to her a
monthly maintenance of Rs.1 lakh.
33. Learned counsel for the State did not urge that the petitioners
are not cooperating with the IO.
34. The special circumstances of the case may be summarized:-
(a) Marriage is a love marriage and took place at Dubai. There is prima
facie evidence that marriage expenses were borne by the in-laws of the
complainant.

(b) The young couple took up separate residence at Dubai and stayed their
after the marriage till they came to India to celebrate their first Deepawali
festival. The complainant stayed with her in-laws for about 10 days. The
couple departed for their honeymoon.
(c) Allegations in the FIR are primarily directed against the husband.
Prima facie it appears to be a case of temperamental difference between the
husband and the wife.
(d) There are no allegations of dowry demand against the mother-in-law.
Allegation against her is of retaining the jewellery gifted by her parents as
stated by the complainant to be in the value of over Rs.2 crores. There is no
evidence that jewellery of such magnitude was gifted.
(e) Allegations of dowry demand against the father-in-law only relate to
transfer of ownership rights of 2 floors in a property at Sunder Nagar in the
name of the husband of the complainant. The allegation is of a general nature.
The time, date and month of demand has not been specified.
(f) The couple separated at Dubai. The petitioners did not have a joint
residence with the complainant and thus could not be in possession of her
jewellery.
35. Case is thus made to admit petitioners to anticipatory bail.
While so directing, I am conscious of the failed compromise talks before the
learned Additional Sessions Judge but I cannot ignore the fact that proceedings
for bail cannot be converted into recovery proceedings. I find prima facie
justification of the petitioners that their younger son was briefing the counsel
and was informing the counsel what was being consented to by the son of the
petitioners. If the son of the petitioners back tracks from his commitment,
petitioners cannot be faulted with.
36. I additionally note that the complainant is being paid a
monthly maintenance of Rs.1 lakh by her husband.
37. Petition stands disposed of directing that on the petitioners
surrendering their passport to the Investigating Officer and cooperating at the
inquiry to be conducted by the Investigating Officer, in the event of the
petitioners being arrested by the IO, the petitioners would be released on bail
by the IO on the petitioners furnishing a personal bond of Rs.1,00,000/ – each
with one surety each in the like amount to the satisfaction of the IO in the
above captioned FIR.
38. Needless to state, the petitioners would join the investigation
as and when required by the IO.
39. Copy of the order be supplied dasti to learned counsel for the
petitioners.

21st August, 2007 PRADEEP NANDRAJOG, J.
dk

— In saveindianfamily@ yahoogroups. com, “Arnab” <arnab221@.. .> wrote:
>
> Ranjana Kumari in her interviews always mentions that please exchange the list of articles that were exchanged during the marraige . What sort of list is it exactly and is this a legal document like an affidavit signed by the girl and her family ?
>
> The same also must be given by the girl and her family . Right ?
>
> This will definitely resolve the streedhan type issues where article lists are bloated all the time.
>
> I know that 498A can still be misused , but does someone has or has any recommendations what this sort of list must contain or what must be the format of this document ? I need to pass this info to a friend who is getting marraied to protect himself from later issues if any on streedhan .
>

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Section 498A: Harassment & Extortion tool provided by law

Link Here :

http://www.punjabnewsline.com/content/view/20662/140/

From: Machi <v_machi09@yahoo.in>
To: saveindianfamily <saveindianfamily@yahoogroups.com>
Sent: Fri, September 25, 2009 1:47:13 AM
Subject: [SaveIndianFamily] BEST LAWYER STORY OF THE YEAR

 
BEST LAWYER STORY OF THE YEAR
 
Charlotte, North Carolina. A lawyer purchased a box of very rare and expensive cigars, then insured them against, among other things, fire. Within a month, having smoked his entire stockpile of these great cigars and without yet having made even his first premium payment on the policy the lawyer filed a claim against the insurance company.
 
In his claim, the lawyer stated the cigars were lost “in a series of small fires.” The insurance company refused to pay, citing the obvious reason, that the man had consumed the cigars in the normal fashion.
 
The lawyer sued.. and WON!
 
Delivering the ruling, the judge agreed with the insurance company
that the claim was frivolous.
 
The judge stated nevertheless, that the lawyer held a policy from
the company, which it had warranted that the cigars were insurable and also guaranteed that it would insure them against fire, without defining what is considered to be unacceptable fire” and was obligated to pay the claim. Rather than endure lengthy and costly appeal process, the insurance company accepted the ruling and paid $15,000 to the lawyer for his loss of the cigars lost in the “fires”.
 
 
NOW FOR THE BEST PART.. 
 
After the lawyer cashed the check, the insurance company had him arrested on 24 counts of ARSON.  With his own insurance claim and testimony from the previous case being used against him, the lawyer was convicted of intentionally burning his insured property and was sentenced to 24 months in jail and a $24,000 fine.
 
This is a true story and was the First Place winner in the recent
 
Criminal Lawyers Award Contest.

ONLY IN America!

Connect more, do more and share more with Yahoo! India Mail. Learn more. http://in.overview. mail.yahoo. com/

[Non-text portions of this message have been removed]

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________________________________
From: IC <iridiumcobra@yahoo.com>
To: SIFF <saveindianfamily@yahoogroups.com>; My Nation Foundation <MyNationFoundation@yahoogroups.com>
Sent: Fri, September 25, 2009 3:23:58 PM
Subject: [SaveIndianFamily] Various Professions & RTI Information Scope

 
Dear all,

We have been using RTIs extensively as one of the tool to get documents, evidences, & to create pressure & troble to 498a gang, Police & other govt departments, to get justice in our fight back.

For members, who are new to RTI, I would like throw some light on various type of info, which may be obtained thru RTI applications to create pressure & trouble to their opponents. (Memebers may use RTIs against Complainants, Parents of the 498a gals, witnesses, 498a family Relatives, 49a8 Instigators, Police etc)

I have tried to list down various types of professions & possible information, which may be obtained for that profession thru RTI.(List is not extensive)

JOB / PROFESSION OF THE OPPONENTS >> POSSIBLE INFORMATION THRU RTIs
———— ——— ——— ——— ——— ——— -
Govt. Job – Central >> Asset Declaration, Service Records, Pay scale Details, Dowry Prohibition Act Compliance details, Service Accounts, Service Deliverables etc.

Govt. Job – State >> Asset Declaration, Service Records, Pay scale Details, Dowry Prohibition Act Compliance details, Service Accounts, Service Deliverables etc.

Armed Forces >> Asset Declaration, Service Records, Pay scale Details, Dowry Prohibition Act Compliance details, Service Accounts, Service Deliverables etc.

Lecturer (Private) >> Service Records, Pay scale Details, Case details, Pending Case details against them, etc.

Teacher >> Service Records, Pay scale Details, Case details, Pending Case details against them, etc.

Bank Employee – Private >> Pay scale Details, Service Records, Loan Sanctioned Details, RBI Rules Compliance details, Departmental Enquiry details, etc.

Bank Employee – Govt >> Pay scale Details, Service Records, Loan Sanctioned Details, RBI Rules Compliance details, Departmental Enquiry details, etc.

Retired Govt Employee – Central >> Asset Declaration Details, Pay scale Details during service, Pension Details, Dept. Enquires during Service, Misconducts, Post Retirement Job information, Dowry Prohibition Act Compliance details during service etc

Retired Govt Employee – State >> Asset Declaration Details, Pay scale Details during service, Pension Details, Dept. Enquires during Service, Misconducts, Post Retirement Job information, Dowry Prohibition Act Compliance details during service etc.

Public Sector Company Employee (Ex:BSNL, ONGC) >> Asset Declaration, Service Records, Pay scale Details, Dowry Prohibition Act Compliance details, Service Accounts, Service Deliverables, Company Conduct Rules Compliances etc.

Business – Recreation >> Sales tax, Govt rules compliance, Fire Service Dept rules Compliance details, Municipal Corp Guidelines details, statutory requirement guidelines compliance, Govt body rules compliance (Like Pollution Control Board, Water Board) etc.

Business – Shops, Showrooms etc. >> Sales tax, VAT Complaince, Govt rules compliance, Fire Service Dept rules Compliance details, Municipal Corp Guidelines details, statutory requirement guidelines compliance, Govt body rules compliance (Like Pollution Control Board, Water Board) etc..

Business – Company, Workshop etc. >> Sales tax, VAT Compliance, Govt rules compliance, Fire Service Dept rules Compliance details, Municipal Corp Guidelines details, statutory requirement guidelines compliance, Govt body rules compliance (Like Pollution Control Board, Water Board) etc..

Business – Marriage Hall etc. >> Sales tax, Govt rules compliance, Fire Service Dept rules Compliance details, Municipal Corp Guidelines details, statutory requirement guidelines compliance, Govt body rules compliance (Like Pollution Control Board, Water Board) etc..

Doctor >> Registration Number, Compliance with Govt Body rules, Medical Council of India Guidelines compliance, Private Practice when employed with Govt or Medical Institutes details, License & authorization details, etc.

Farmer >> Verification details for free Power, Subsidies, Proof details for getting Subsidies, Loan Waivers from Govt, etc.

Police >> Asset Declaration Details, Pay scale Details, Dept. Enquires during Service, Misconducts, Dowry Prohibition Act Compliance details, NOC details for getting Passport, Govt Conduct Rules Compliance Details, Court, Govt or DGP order / circular Compliance Details, Foreign Travel Details if any, Service History details etc.

Medical Store >> Drug License, Sales Tax Compliance, VAT Compliance, Medical Council of India Guidlene complainces, Statutory requiremenst compliance, etc.

General >> Property Tax details, Property Details, Water Board rules complaince, Corporation rules compliance, Building Approval details,Electricity Board complainces, Violations etc.

Regards,
RKV
SIFM-Chennai

Add whatever you love to the Yahoo! India homepage. Try now! http://in.yahoo. com/trynew

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Foi recentemente deliberado em Conselho de Ministros que o valor do IAS (Indexante de Apoios Sociais) para 2010 manter-se-á igual ao de 2009, ou seja, 419,22€. Este valor serve como referência do montante a atribuir às prestações sociais (abonos de família, etc).

Segue um comentário de uma internauta sobre o texto “Profecia”, publicado no blog do Bispo Edir Macedo:

 Churchill opposed the propsal to give freedom to the countries of the Indian subcontinent, saying we are not fit to govern ourselves.

 Now we realise that he was hundred percent right. Not only we, the African  countries are the worst sufferers. Poverty,constant wars, total lack of education, and unscrupulous dictatorships have reduced Africa to a dark continent, once more. Do not feel any complacency. Only the Indian army has kept us together. Ask any old man of my age. We will vote en bloc for the situation prior to 15-8-1947.
For one thing, we had District Collectors, Englishmen, honest and upright, not favouring any particular region, capable of taking independent decisions. Today no single individual we can point out, even remotely comparable to the old English Collector, the exceptions are made a shuttle cock for whimsical miniter, whose only loyalty is to his costituency. The IAS, which replaced the ICS, HAS TOTALLY FAILED.
In those days we never heard of any problems, in the field of education. The same old books and Oxford Atlas were used by my eldest cousins and myself. There were schools where the rich and the poor studied, side by side. Today, the poor children go to dirty, leaking schools, which are a shame to any decent person. There children are treated like cattle, the midday meal being the only attraction; in Kerala State, it is compulsory to pass each and every child, even if he/she gets zero marks! Ever heard of such things under British rule?
The forests were well protected. Tigers grew up without any projects. The tribal people lived happily, hunting, farming and collecting honey, spices etc which they sold to the plains people. Not a single case of encroachment, except in rare cases. If brought to the notice of the Collector, strict, exemplary punishment is certain.
The so called freedom movement was a sheer waste of time. Sreelanka too got freedom. They whole heartedly supported the British war efforts, against the Japanese invaders, who were welcomed here as our saviours, ignoring the fact that they had occupied a large area of China, being another imperialist power against whom the US was also fighting a bitter war.
My opponents will point out the development we achieved during the last sixty two years. Wait. Is there a single clean city without slums, beggars and pavement dwellers? Are we able to dispose of our waste?
 What is the condition of the farmers, the utterly poor villagers who face unemployment, illiteracy, bigotry and unrest?
What is the condition of our government hosptals? No doctor, no medicine, no nurses. Only patients are plenty.
The politicians, contractors and bureaucrats have gained considerably, by freedom.
Science
In spite of the fact that we have the largest army of trained scientists in the world, we have not produced anything worth while, during the last fifty years. We are only doing experiments like school children, in fields like nuclear energy, where the world has gone ahead, leaving us far behind.

 In the RDSO, Lucknow, precious little has been achieved, whereas Japan and China are already having trains running at lightning speed. I am told that RDSO is a dumping ground for inefficient officers.
The bureaucratic structure of the organisations, where a senior officer, nearing retirement and having no interest, except on foreign tours, are empowered to overrule juniors, is not conducive to original research. Brain power does not conform to gavernment rules. People in the age group, twenty to thirty, must lead scientific research .
Sports-zero achievement
Law and order-hopless.
Corruption-excellent progress. During the Raj, senior police officers were Englishmen, who were incorruptible. Today IPS fellows get maximum dowry because they have maximum earnings.
Dacoits, contract killers and liqor smuggleres are in great demand. Even ministers need them. Such a state of affairs is unimaginable under the British Raj.
Railways have developed, to cater to the needs of the minister, invariably from the north. South India is only a tail. A number of bridges have outlived their life, ready to collapse any moment. Rails are due for renewal. Who cares? Somehow a surplus budget, to please the voters and show that our railways are doing well, has to be presented. The railway board have to bow to the minister. One Ganguly, Chairman, Railway Board who dared to question the minister was, unceremoniosly refused casual leave ( not earned leave. Look at the arrogance of political idiots. Ganguly was a gold medalist. The minister was not fit to be his peon) and then dismissed. This is why Churchill said we do not deserve freedom.
Do I have to comment about road net work? What happened to the much publicised Golden Quadrilateral? At that time it was reported that PMO is watching its progress every day !
Take any parameter. We will stand a few steps above the bottom line in the list of nations of the world..
I vote for pre- independence days.

Nach wie vor ist das Thema Aids in Russland nicht auf der Tagesordnung. Im Gegenteil, die Nutzung von Kondomen wird zum Tei l offen kritisiert, und die Erkrankten in ein Ecke mit Prostitution und Drogenkonsum gestellt. Und von staatlicher Seite ist kaum mit Unterstützung zu Rechnen – weder für Erkrankte noch für engagierte NGOs.

Die International AIDS Society hat jetzt Russland in einem Report aufgefordert seine Präventionsprogramme dringend auszuweiten. Ca. eine Million HIV Infizierte gibt es bereits in Russland, davon 80% unter 30, so der Report.

Weiter Informationen gibt es u.a. bei Süddeutsche, BBC und NYTimes.

A resident of Elopain village in the Ithun Valley, Lohit District, North-East Frontier Agency (Arunachal Pradesh), Taji Mideren was a farmer and trader. He took part in the activities against British rule and killed  three British officers near the Dikran river in 1905. He organized his Mishmi fellow tribals and got them to come together to resist the expansion of British authority. He established a Mishmi Confederacy under Pangon and other Mishmi leaders. A British expedition was sent to his village in 1913 to arrest him for the murder of the three British officers. The British burnt down the houses in the village but failed to arrest him and others. He was finally captured by the British police at Sadiya in December 1917, and was deported to Tezpur in Assam. There he was tried and sentenced to death. He died on the gallows in the Tezpur Jail on January 29, 1918.

source : http://www.easternpanorama.in/index.php?option=com_content&view=article&id=351:taji-mideren&catid=5:cover-story&Itemid=8