Woman can't be denied separate house allowance in violence cases

Agencies
July 31, 2017

New Delhi, Jul 31: A victim of domestic violence cannot be denied the right to live independently without her husband only because she moved in with her parents, a sessions court has said while quashing a trial court order which had refused to grant her a separate house allowance.

Additional Sessions Judge Lokesh Kumar Sharma asked the magisterial court to decide afresh the woman's plea for Rs 12,000 a month for separate accommodation and said the court should have considered it as socially benevolent to protect such domestic violence victims.

"Mere fact that the woman was or has been residing at her parental house cannot be a valid ground for denial of her right to separate residence...her parents could not be held responsible for keeping her and her minor child after getting her married," the judge said while allowing her appeal.

The judge said that even if the woman could not place on record any document to show her standard of living during subsistence of her marriage, nothing had prevented the court from assessing an amount for her to maintain a separate house.

"Nothing had prevented the court from taking judicial notice of the prevalent rates of rent in the locality and thereafter to assess the space required for the residence of the appellant and her minor daughter. It should have awarded her some amount towards her alternate accommodation.

"The magistrate should have also considered the fact that this is an act qualifying under the category of 'Socially Benevolent Legislation', brought into effect to save women, who were victims of domestic violence, from starvation and destitution and to restore their status in society to what they were earlier enjoying in their marital homes," the judge said and remanded the matter back to the trial court.

According to the complaint lodged by the woman, she was tortured physically, verbally and emotionally at the hands of her husband after which she filed a complaint against him and sought reliefs under the Protection of Women from Domestic Violence Act.

The woman, who, along with her minor daughter, was now living with her parents, had also sought entitlement to a separate residence, which was denied by the magisterial court on the ground that she was already living with her parents and there were no documents on record to assess the level of accommodation which she enjoyed in the matrimonial house.Majority of Muslims in India are descendants of Hindus: BJP MP

 

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News Network
June 6,2020

Kota (Rajasthan), Jun 6: A 14-year-old boy allegedly hanged himself to death on early Saturday morning shortly after he stopped playing PUBG throughout the night and went to sleep, said police. 

Railway Colony police station’s in-charge Hansraj Meena said the boy, a class 9 student and son of an Army man, was found hanging from the grill of the ventilator in his bedroom on early Saturday morning. 

Meena said according to the boy’s family members, the boy had downloaded the gaming programme on his mother’s mobile phone only three days back but had been playing the game virtually continuously for the last three days. 

He kept on playing the game till 3 am in a room in which his brother was studying, said Meena, adding the boy went to adjoining to sleep after that. His body was found hanging from the ventilator’s grill in the morning, he said, adding the boy was rushed to MBS Hospital, where he was declared “brought dead”. 

No suicide note was recovered in the case, the SHO said. The boy lived in Gandhi Colony in the city along with his mother and brother, while his father, a Tamil Nadu native and Army man, is currently posted in Arunachal Pradesh. The boy’s body has been kept in hospital’s morgue for the postmortem, the SHO said.

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News Network
March 18,2020

Jaipur, Mar 18: Initially buried as per Islamic traditions, an unidentified man's body was exhumed and later cremated after he was found to be a Hindu in Rajasthan's Tonk district, police said.

The family members identified the body of Mahaveer Sahu on Tuesday, a day after the burial, as they stumbled upon photos of the deceased that had circulated on social media.

The man was brought to a government hospital by locals in an unconscious state on March 12 and he died on March 13, according to Purani Tonk police station SHO Shivlal.

The man was said to be a liquor addict and was found unconscious on the road, he added.

The body was kept at the mortuary for three days awaiting identification. Despite efforts to trace the next of kin, the identity could not be ascertained and members of Hindu and Muslim communities were brought in to take a decision, Shivlal said.

The community leaders presumed that he was a Muslim after examining the body and the burial took place as per Islamic funeral traditions on Monday, he added.

Meanwhile, Sahu's family members saw the photo of his body that had circulated on a WhatsAapp group and identified him later that day. They rushed to the hospital and then to the police station in the night where they were informed that the body had been buried.

“The body was exhumed with permission from the sub-divisional magistrate on Tuesday and handed over to the family members after proper identification. Members of the Muslim community led by an Imam were also present and gave in writing that they have no objection,” Shivlal said.

The body was later cremated by his family members.

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News Network
June 22,2020

Kochi, Jun 22: A 54-day-old baby suffered brain damage after she was allegedly slapped and thrown on a cot at home by his father in Angamaly municipality of Ernakulam district, police said.

Doctor Sojan Ipe of MOSC Medical College Hospital at Kolenchery said that the damage caused to the brain is serious. The child was admitted with bleeding in the brain on Friday.

On Saturday, 40-year-old pastor Shaiju Thomas, who is the child's father was arrested by the Angamaly police in connection with the incident. He is currently lodged at the Covid first-line treatment centre at Angamaly.

Shaiju has been charged with IPC Section 307 (attempt to murder) and under the Juvenile Justice Act.

According to Angamaly Police, ''the accused was always doubtful of his wife and raised questions over the parenthood of the child. He had slapped the child on multiple occasions. She fell unconscious on Thursday night after a similar attack and was taken to the hospital. We have so far received enough evidence against the accused.''

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