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

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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Agencies
July 17,2020

New Delhi, Jul 17: The first FIR against Volkswagen and Audi in India for installing cheat devices in their cars to misrepresent emissions has been filed in Noida.

The FIR was filed by Noida resident Aniljit Singh against the top officials of Volkswagen and Audi in India and their headquarters in Germany. These include Rahil Ansari, Brand Director, Audi India, Balbir Singh Dhillon, Head, Audi India, and Bram Schot, Chairman, Audi AG.

The FIR reviewed by media agency cites forgery, cheating and criminal conspiracy under various sections of the Indian Penal Code.

The complaint has cited the global emissions scandal where VW was found to be installing a cheat device in its cars, in the absence of which, the cars produced 10-40 times emissions beyond the permissible limits.

The complainant said that in 2018 he had purchased seven Audi cars worth crores of rupees. At the time of taking the delivery, the complainant said that he inquired if the cheat devices were installed in India and he was told by the company that they were not, as in India's emission norms were not as stringent and the country being a growing market for Audi, no such device was implanted.

The complaint said that the authorities in India observed that Audi cars' emissions for nitrogen oxide were 5-8 times the permissible limits and after the National Green Tribunal imposed a penalty of Rs 500 crore on VW, the complainant realised that he had been duped of his hard earned money.

He alleged that the accused persons had misrepresented the complainant by forging the documents and devices and caused wrongful gains to themselves and wrongful losses to the complainant. These officials had made wrong records to capture the market, with malafide intent and under a pre-planned conspiracy had induced and defrauded the complainant.

The accused persons are guilty of cheating the customers and have induced the complainant to part with hard earned money for sub-standard cars. The accused are also guilty of forging the documents on which they had sought various clearances.

The complainant has demanded that the allegations may be thoroughly investigated by a senior official.

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News Network
May 28,2020

Hyderabad, MAY 28: A three-year-old boy who accidentally fell into a newly drilled open borewell in Telangana's Medak district was found dead in the early hours of Thursday, police said.

The kid's body was retrieved at around 4 am after a nearly 10 hours' long rescue operation involving different agencies, they said.

"He died a while before we evacuated him, most likely due to the mud that covered him from the top sealing off necessary oxygen supply, " Medak District Superintendent of Police Chandana Deepti told PTI.

The boy had accidentally slipped into the 120- feet borewell at around 5 pm on Wednesday in an agricultural field located in Papannapet mandal of the district when he was walking with his grandfather and father, police earlier said.

As part of rescue efforts, a parallel trench was dug along the borewell hole with the help of earth excavating machines and oxygen was supplied into it, but the efforts went in vain as the boy's body was found stuck at a depth of around 25 feet, the police said.

Apart from the police, National Disaster Response Force (NDRF) personnel were also involved in the rescue operation.

The borewell into which the child fell was one among the three dug by the family since Tuesday night to try and find water for their fields. But none of them yielded any water, police had said.

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Agencies
June 7,2020

Lucknow, Jun 7: From Anamika Shukla to Anamika Singh and finally Priya. The primary school teacher who was found to be teaching simultaneously in 25 schools, not only has multiple jobs but also multiple identities.

Anamika was arrested on Saturday from Kasganj district when she went to submit her resignation after she was served a show cause notice by the Basic Shiksha Adhikari (BSA), Anjali Agarwal.

Agarwal informed the police and Anamika was arrested.

According to the Kasganj BSA, Anamika Shukla, originally a resident of Kaimganj in Farukhabad is currently doing her B.Ed from the Raghukul Degree College in Gonda. Her other documents are also from the same college.

During interrogation, Anamika Shukla said that she was actually Anamika Singh but as questioning proceeded, it turned out that she was Priya from Farrukhabad.

She has been booked for cheating and forgery under IPC sections 420 (cheating and dishonestly inducing delivery of property), 467 (forgery of valuable security, will etc.) and 468 (forgery for purpose of cheating).

According to the police, the woman claimed that she had paid Rs five lakh to a Mainpuri-based man to get this job.

She used Anamika Shukla's credentials to get the job while her real name is Priya, daughter of Mahipal, a resident of the Lakhanpur village of the Kayamganj police circle in Farrukhabad district.

Soron station house officer (SHO) Ripudaman Singh said, "During interrogation, the accused initially claimed to be Anamika Singh, daughter of Subhas Singh. However, her documents are in the name of Anamika Shukla, daughter of Subhas Chandra Shukla."

The accused claimed that she paid the hefty amount to Raj, a Mainpuri-based man for the job and was posted in Faridpur Kasturba Gandhi Balika Vidyalaya (KGBV) since August 2018.

The police are now trying to zero in on the man who got her the job.

The police also believe that it could be possible that multiple candidates used credentials and 'eligibility' of Anamika Shukla - the real one still remains elusive.

According to the Uttar Pradesh government, five more Anamika Shuklas have been found working in KGBVs in Ambedkar Nagar, Baghpat, Aligarh, Saharanpur and Prayagraj districts. She has reportedly drawn a combined salary of Rs one crore in the past one year.

Teachers in KGBV, a residential setup for girls from weaker sections of the society, are appointed on contract and are paid approximately Rs 30,000 per month. Each block in a district has one Kasturba Gandhi school.

Basic Education Minister Satish Dwivedi said that the incident was 'shocking' and the police would unravel the entire racket in the case. "No officer, employee who connived with this teacher in providing her job at KGBV and subsequently hiding it, will be spared," he said.

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