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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Agencies
May 31,2020

Bareilly, May 31: The Bareilly couple who had made headlines in July last year when they eloped and apprehended a threat to their life from the girl's father who is a BJP MLA in UP, is back in the news.

Ajitesh, now son-in-law of BJP MLA Rajesh Mishra, and his friend were arrested on Saturday for allegedly thrashing a youth and snatching his cell phone after a minor road mishap in Prem Nagar area of Bareilly district.

Ajitesh is married to Sakshi, daughter of the MLA and the couple had eloped last year and got married.

According to police, the youth was on his way home after buying medicines for his friend's father when his bike hit Ajitesh's SUV. Ajitesh and his friend thrashed the youth and snatched his cell phone.

Police said Ajitesh and his friend Vaibhav Gangwar were booked under IPC section 394 (voluntarily causing hurt in committing robbery) and other relevant sections.

Both have been sent to jail.

The complainant Deepanshu Maheshwari said, "When I overtook Ajitesh's car, he chased and waylaid me in the middle of the road. Thereafter, he and his friend thrashed me and snatched my phone. SHO Balbir Singh and his team rescued me."

The SHO told reporters, "We checked CCTV footage and spoke to witnesses only to find that Ajitesh and his friend had thrashed the youth. A case was registered under relevant sections and both were sent to jail after being produced before a magistrate on Saturday. The youth has been admitted to a hospital and his condition is stable."

The BJP MLA, incidentally, had snapped all his ties with his daughter Sakshi after she eloped and married Ajitesh.

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News Network
July 17,2020

Patna, Jul 17: A 15-year-old girl was allegedly raped by a security guard at the Covid-19 quarantine center of the Patna Medical College Hospital where she was admitted after being rescued from a railway station, police said on Thursday.

The accused, Mahesh (40), was arrested on Wednesday night after being booked under the POCSO Act and other relevant IPC sections by the Pir Bahore police station, according to Arti Jaiswal, the in-charge of the women's police station here.

“The accused is being sent to jail while the victim will be undergoing medical tests on Thursday, as is the norm for all sexual assault survivors," Jaiswal said.

The girl had run away from her home in Nalanda district more than a week ago and reached Barh railway station on the outskirts of Patna to catch a train for Kolkata where her father is a daily wage-earner, police said.

She was spotted by Government Railway Police (GRP) personnel who informed the child helpline. The child helpline personnel, taking note of the girl’s tender age and her disturbed frame of mind, convinced her not to undertake the journey and brought her to the hospital’s quarantine ward for COVID-19 suspects as a precautionary measure, they said.

On the night of July 8, a few hours after the girl's arrival at the hospital, she was caught hold of by the accused inside the bathroom and allegedly raped. The accused also threatened her with dire consequences if she spilt the beans and, as per the FIR, kept harassing her sexually.

She finally decided to speak up when another girl, carrying a mobile phone, was similarly brought to the hospital by child helpline a couple of days ago. Using the fellow inmate’s phone, she narrated her ordeal to the helpline personnel who informed the police.

“Her Covid-19 test report is negative. After her examination, for the sexual assault, by a six-member medical board is over, she will be sent to a shelter home by the child helpline," Jaiswal said.

Meanwhile, state women’s commission chairperson Dilmani Mishra strongly reacted to the incident and said, “We are waiting for the medical reports of the girl. We will ensure that justice is done in the matter.”

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News Network
June 2,2020

Pratapgarh, Jun 2: In a shocking incident, a young man was tied to a tree and set afire by the family of a woman with whom he was allegedly having an affair in Pratapgarh district of Uttar Pradesh late on Monday night.

The man, 25, was a resident of Bhujauni village under Fatanpur police station, and he died on the spot.

Enraged over the incident, his family members and local people turned violent and set two police vehicles on fire.

Additional forces were rushed in to control the situation that remains tense.

The body has been sent for post-mortem.

According to Superintendent of Police (SP), Pratapgarh, Abhishek Singh, "Some people barged into the house of Ambika Patel and dragged him away. They then tied Patel to a tree some distance away and set him on fire after sprinkling petrol on him. They fled immediately after." Agitated family members and villagers assembled at the site and set a 112 police response vehicle (PRV) and another police jeep on fire. They were demanding immediate arrest and action against the accused.

The official said that Patel's relatives claimed that he was having an affair with a woman from his village and this had resulted in many face-offs between the families.

Patel had reportedly shared a video clip of the woman on social media a few months ago further increasing tension between the families.

The woman's family members had registered a police complaint against Patel in this connection at the Fatanpur police station that led to his arrest. He was released from jail recently, police added.

The woman had been recently selected as a police constable and was posted to Kanpur.

The SP said that an FIR had been registered on the complaint of the victim's family and efforts were on to arrest the accused.

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