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

 

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
April 11,2020

Hyderabad, Apr 11: With the Telangana government banning spitting in public places in the backdrop of COVID-19 pandemic, a police case has been registered here against a man for violating the rule.

During vehicle-checking on Friday, police found the man spitting on the road here and registered a case against him for disobedience to order duly promulgated by a public servant, police said.

Spitting in public places and institutions has been banned in the state in view of the pandemic with the government saying such acts pose a serious threat of leading to spread of infections.

"In the interest of public health and safety, the spitting of paan/any chewable tobacco or non-tobacco product, sputum in public places & institutions is hereby BANNED with immediate effect," a gvernment notification said.

The COVID-19 pandemic has brought to the fore the importance of hygiene and cleanliness in both personal as well as public spheres, the April 6 notification issued by the Health, Medical and Family Welfare department said.

"It is of utmost need to impose restrictions on unhealthy practices that may potentially lead to spread of such viruses and other infections," it said.

The habit of public spitting poses a serious threat of leading to spread of such infections, the notification added.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 5,2020

Nagpur, Apr 5: A 23-year-old man allegedly committed suicide in Imambada area in Nagpur on Saturday due to financial distress, police said.

Nikhil Gavhane, who worked in a grocery shop, hanged himself as he had taken money from a person and was stressed over repayment, an official said.

"He was depressed since a week," the Imambada police station official said.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
January 16,2020

Cuttack, Jan 16: At least 15 passengers were injured as five coaches of the Mumbai-Bhubaneswar Lokmanya Tilak Express derailed and three more were displaced after colliding with a goods train amid heavy fog near Cuttack in Odisha on Thursday, railway officials said.

Railway officials had earlier said that 25 passengers were injured in the incident but later officers who reached the site reported that four passengers were found to have suffered major injuries and 11 had received minor injuries.

Passengers with major injuries have been sent to Cuttack Medical College. All passengers are stated to be out of danger.

Officials said the accident happened when the passenger train hit the guard van of a good train around 7 am between Salagaon and Nergundi stations.

The officials said there was heavy fog at the site but it was not clear what led to the accident. The speedometer of both the trains have been seized for inquiry, East Coast Railway Spokesperson J P Mishra said.

Buses have been arranged for all remaining passengers to move towards their destination.

Cuttack is around 10-12 km away and Bhubaneswar(Terminating station) is 35 km.

The accident disrupted train services in the area.

Five trains have been affected due to the accident where restoration work in underway. These include the Bhubaneswar-Mumbai LTT SF Express, the Puri-Rourkela Express, Dhanbad-Bhubaneshwar Rajyarani Express which have all been diverted via Naraj.

"East Coast Railway acknowledges with deep gratitude help of nearby locals and villagers who have displayed great humanitarian values and come to the rescue of injured passengers," Mishra said.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.