Bombay HC: Can't divorce wife for pushing condom use

naeem@coastaldigest.com (TNN)
May 4, 2012
Mumbai, May 4: Planning when to start a family cannot be treated as cruelty, said the Bombay high court on Thursday, upholding the family court's dismissal of a man's divorce plea.

An HC division bench of judges P B Majmudar and Anoop Mohta was hearing a petition by Pradeep Bapat (30), who said that during their honeymoon his wife Prerna (26) refused to have sex unless he wore a condom and subsequently refused to conceive on the grounds that they were not financially stable.

"She must not have shown willingness to become a mother unless there was financial stability. She wanted to give the child a better life," Justice Majmudar said. "It is a mutual decision and a husband cannot insist," said Justice Mohta.

The reply of Bapat's advocate- "Why do people go for honeymoon?" - raised a few titters in the courtroom.

The judges also held that Pradeep's other grounds for seeking divorce--not knowing to cook, not being religious, not parting with salary and not folding clothes properly--did not amount to cruelty either. Bapat's lawyer said his family wanted a working graduate as his wife, who would live in their joint family and also do housework. To this, Justice Majmudar said, "A woman is not a slave. The wife is an ardhangini (a man's other half). Her right of freedom of speech cannot be taken away. You have put (common household troubles) in the plea. If we construe these as cruelty, then no marriage will be safe."

Observing that Bapat's family was "conservative" and "full of perfection", Justice Majmudar said, "You (Prerna) should not have selected this house."

Her advocate replied, "She was the eldest (child) and unless she married, her younger sister would not have been able to do so either."

Justice Majmudar said, "Girls are still treated as a burden on parents. A girl must know to which family she is going (after marriage)."

In their order, the judges said the case was an eye-opener for those who were yet to marry. They said that especially in the case of arranged marriages, the prospective husband and wife should get to know each other and see if they could live happily together. "It is the duty of (both sets of) parents to consider various aspects before the actual marriage takes place."

The judges were told that Prerna was willing to return to her marital home, but Bapat did not want her back. The couple married in February 2007; Prerna left her marital home in June the same year.

The judges noted that in a short span of time, the relationship between Prerna and Bapat had become strained. Also, Prerna was "subjected to ill-treatment" and Bapat "treated her as if she was on probation". "A girl coming into an entirely new atmosphere would have expected love and affection. The husband and his family are required to see to it that a (newly) married woman does not feel that she has come to an absolutely strange place," the judges said.

cndm


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News Network
February 10,2020

Mumbai, Feb 10: Ankita Pisudde, a resident of Hinganghat town in Wardha, was critical after sustaining 40% burns on February 3 when she was set afire, allegedly by one Vikesh Nagrale (27) while she was on her way to college.

The 25-year-old woman lecturer who was set on fire by a stalker in Maharashtra’s Wardha district last week died at a hospital in Nagpur on Monday morning, a police official said.

Ankita Pisudde, resident of Hinganghat town in Wardha, had been critical after sustaining 35 to 40% “grade III” burns on February 3 when she was set afire allegedly by one Vikesh Nagrale (27) while she was on way to her college, they said.

She was undergoing treatment at the Orange City Hospital & Research Centre here, located around 75 km from Wardha.

“Doctors at the hospital declared her dead at 6.55 a.m. today,” Hinganghat’s police inspector Satyaveer Bandiwar said.

The woman sustained deep burn injuries on scalp, face, right upper limb, left hand, upper back, neck and eyes along with severe inhalational injuries, the hospital said in a medical bulletin on Monday.

She died of “septicemic shock” after suffering from deep dermal burns along with severe inhalational injuries, respiratory distress and related complications, it said.

Around 4 a.m. on Monday, her oxygen levels deteriorated inspite of ventilator support, coupled with decreasing urine output and reduction in blood pressure, the hospital said.

As part of immediate resuscitation measures, medicines were escalated to maintain the blood pressure and all feasible steps were taken to improve the oxygen levels in blood, but the patient remained “extremely critical”, it said.

“Around 6.30 a.m., she had bradycardia and inspite of prolonged cardiopulmonary resuscitation, the patient could not be revived and was declared dead at 6.55 a.m.,” it said.

The probable cause of death was “septicemic shock”, the bulletin added.

During her treatment, she underwent tracheostomy (creating an opening in neck to place a tube into the windpipe to allow air to enter the lungs), burn dressings, debridement and escharotomies, the hospital informed.

Debridement is a medical procedure to remove dead, damaged or infected tissue, while escharotomy is a surgical procedure used to treat full-thickness (third-degree) circumferential burns.

The woman’s parents and uncle were kept informed about her deteriorating health condition and death, the hospital said, adding that the body was later handed over to police for postmortem and other formalities.

After the woman’s condition deteriorated, the hospital informed about her critical status to Maharashtra Home Minister Anil Deshmukh, Wardha Guardian Minister Sunil Kedar, Nagpur Divisional Commissioner Sanjeev Kumar, Police Commissioner Bhushan Kumar Upadhyay, Wardha Collector Vivek Bhimanwar and Wardha Superintendent of Police Basavraj Teli.

Heavy security was deployed in Hinganghat to avoid any law and order problem following her death, the police said.

Several locals, mostly women and college students, took out a march in Wardha city last Thursday, demanding death penalty for the accused.

Home Minister Deshmukh visited the hospital on Tuesday and announced that the accused’s trial would be fast-tracked.

The State government last week flew Navi Mumbai-based National Burns Centre director Sunil Keswani to Nagpur to supervise the woman’s treatment.

It has also appointed well-known lawyer Ujjwal Nikam as special public prosecutor in the case.

According to the victim’s relatives, Nagrale, who was arrested within hours of the incident on February 3, had been harassing her for quite some time.

Nagrale and the woman were friends till two years ago when she severed ties with him due to his “irrational behaviour”, the police earlier said.

A special team led by Deputy Superintendent of Police Trupti Jadhav will probe the case, the Wardha Police said last week.

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Agencies
May 14,2020

Six migrant workers have been killed and five others seriously injured when a speeding bus ran over them on the Delhi-Saharanpur Highway near in Muzaffarnagar, officials said on Thursday.

The accused driver, who was suspected to be under the influence of alcohol, has been arrested, said SSP Abhishek Yadav.

The workers were going on foot to their homes in Bihar from Haryana when they were hit on the Delhi-Saharanpur Highway between Ghalili Check Post and Rohana Toll Plaza, about 20 km from here late last night, the official said.

The injured -- Sushil, Nathu Saini, Pawan Saini, Pramod and Ramji Rai --were rushed to hospital.

Two of the deceased were identified as Bijender, 25, and Harsh, 20. The rest were yet to be identified.

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News Network
June 27,2020

Guna (MP),  Jun 27: A 20-year-old woman was arrested for allegedly eloping with her minor partner and "marrying" her at Guna town in Madhya Pradesh, police said on Saturday.

The matter came to light, when a resident of Budhe Balaji area approached the Kotwali police station on Monday with a complaint that his 17-year-old daughter had gone missing, additional superintendent of police T S Baghel said.

On investigation, it was found that a relative from a village Shivpuri district, who was living with the family, was also missing, he said.

A team was sent to the village and the duo was caught on Friday, the official said, adding that the woman had married the minor, who claimed that she had eloped of her own volition.

The woman was arrested under relevant sections of the Indian Penal Code and Protection of Children from Sexual Offences (POCSO) Act, while the minor was sent back to her family after counselling.

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