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 5,2020

Jun 5: A young woman was forced to drink liquor allegedly by her husband after which he along with four friends assaulted, burnt her with cigarette butts and raped her in front of her five year-old son, police said on Friday.

All the five, who were taken into custody earlier, have been arrested. The shocking incident occurred in the state capital last night.

The incident came to light after the 25-year-old woman, approached police and complained against her husband and his four friends.

A case has been registered against the five accused for kidnapping, assaulting and gangrape.

Since the incident took place in front of the child, a case under Protection of children from sexual offices Act has also been charged against the accused.

Meanwhile, State health and family welfare minister K K Shailaja asked the state police chief to take stringentction against the culprits as "such cruelty happened in front of her child."

The Kerala State Women's Commission on its own registered a case and sought report from the Thiruvananthapuram Rural SP.

She managed to escape from there and pleaded for help from a young man, who saw in heran inebriatedstate, and took her to her house and informed police.

The man later told some television channels that she was crying, had injuries on her face and pleaded for help.

Police have recorded the statement of the woman, who was admitted to a government hospital here and later discharged.

She had also stated that the men had tortured her using cigarette butts.

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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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News Network
March 18,2020

Jaipur, Mar 18: Initially buried as per Islamic traditions, an unidentified man's body was exhumed and later cremated after he was found to be a Hindu in Rajasthan's Tonk district, police said.

The family members identified the body of Mahaveer Sahu on Tuesday, a day after the burial, as they stumbled upon photos of the deceased that had circulated on social media.

The man was brought to a government hospital by locals in an unconscious state on March 12 and he died on March 13, according to Purani Tonk police station SHO Shivlal.

The man was said to be a liquor addict and was found unconscious on the road, he added.

The body was kept at the mortuary for three days awaiting identification. Despite efforts to trace the next of kin, the identity could not be ascertained and members of Hindu and Muslim communities were brought in to take a decision, Shivlal said.

The community leaders presumed that he was a Muslim after examining the body and the burial took place as per Islamic funeral traditions on Monday, he added.

Meanwhile, Sahu's family members saw the photo of his body that had circulated on a WhatsAapp group and identified him later that day. They rushed to the hospital and then to the police station in the night where they were informed that the body had been buried.

“The body was exhumed with permission from the sub-divisional magistrate on Tuesday and handed over to the family members after proper identification. Members of the Muslim community led by an Imam were also present and gave in writing that they have no objection,” Shivlal said.

The body was later cremated by his family members.

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