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 17,2020

Moradabad, Jun 17: Two children died after they accidentally got locked inside a car while playing in Uttar Pradesh's Moradabad, the police said.

Four children, aged between 4 and 7 years, locked themselves inside the car while playing and were found unconscious soon after, the police added.

"All four children were found unconscious in a car and they were taken to the hospital. Two of them died and the other two are undergoing treatment at the hospital," said Amit Kumar Anand, superintendent of police (city) Moradabad.

The children were related to each other, the police said.

The man who owns the car said the children had locked themselves inside. "When we reached, the children were in an unconscious state. Two of the four children died. The incident occurred around 8 am."

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Agencies
July 7,2020

Meerut: The licence of a private hospital in Uttar Pradesh’s Meerut has been suspended after a video showing its staff member providing fake Covid-19 report had gone viral.

"A video had gone viral in Meerut. We have registered a case in this regard. We have suspended the licence of the nursing home. Today, we have sealed it also. Strict action will be taken against anybody who will do something like this in this time of crisis,” said Anil Dhingra, District Magistrate, Meerut.

In the video, the person can be heard saying that they provide Covid-19 negative report for Rs 2,500, Dhingra stated.

Meerut CMO Rajkumar said, “In the video, a man from the hospital can be heard saying that he can arrange COVID-19 negative report and the person can get operation or other things done. We have identified the man. We have suspended the licence of the hospital and an FIR has been registered.”

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Agencies
January 8,2020

Muzaffarpur, Jan 8: There is no evidence of murder of children in Bihar's Muzaffarpur shelter home, the CBI on Wednesday told the Supreme Court.

The probe agency told the apex court that two skeletons were recovered from the home's premises which were later, in forensic investigation, found to be of a woman and a man.

A bench headed by Chief Justice S A Bobde accepted the status report of the CBI and allowed two officers to be relieved from the investigation team.

Attorney General K K Venugopal, appearing for the probe agency, said investigation was done on allegations of rape and sexual assault of children and charge sheets have been filed before the courts concerned.

Venugopal said the children, who were alleged to have been murdered, were later traced and found to be alive.

He said the CBI has investigated cases of 17 shelter homes in Bihar and charge sheets have been filed in 13 of them, while in four cases the preliminary inquiry was conducted and later closed as no evidence of any wrongdoing was found.

The probe agency, in its status report filed on Monday, said no incriminating evidence proving commission of any criminal offence could be gathered in four preliminary enquiries and as such no FIR has been registered.

The CBI had also said the Bihar government has been requested to take departmental action and action of cancellation of registration and blacklisting of concerned NGOs by providing them the result of investigation, i.e., the CBI report.

Several girls were allegedly sexually and physically assaulted at a shelter home run by an NGO in Bihar's Muzaffarpur. The issue had come to light following a report by the Tata Institute of Social Sciences (TISS).

Following the report, a petition was filed in the apex court seeking lodging of an FIR and court-monitored probe by an independent agency into the allegations.

The plea filed by journalist Nivedita Jha through advocate Fauzia Shakil has sought "registration of FIR and independent investigations or court monitored probe into the affairs of these 14 (other) shelter homes in Bihar mentioned in the TISS report".

The apex court had directed the CBI to probe the offences under the Information Technology Act regarding the video recordings of the alleged assault on girls at the shelter home.

It had also directed the agency to investigate the role of "outsiders who were involved and facilitated the sexual assaults on the inmates", after administering them intoxicants and also against those who allegedly indulged in trafficking of girls from the shelter home.

The apex court had earlier directed the CBI to complete its probe into the alleged murder of 11 girls at the shelter home and asked it to file a status report.

The SC had transferred the case from Bihar to a Protection of Children from Sexual Offences (POCSO) court in Saket District Court complex in Delhi.

Earlier, the top court had directed the CBI to conduct a probe into allegations of physical and sexual abuse of inmates in 16 other shelter homes in Bihar which were flagged in the TISS report.

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