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
February 10,2020

New Delhi, Feb 10: A 44-year-old man allegedly killed his daughter and son before ending his life by jumping in front of a Delhi metro train at Haiderpur Badli Mor station on Sunday, police said.

No suicide note has been recovered, but police claimed that the man, Madhur Malani, was depressed since his sandpaper-manufacturing factory was closed some six months ago due to financial crunch leaving him jobless. Madhur's parents had been supporting his family financially since then.

He used to stay with his wife Rupali, daughter Samiksha (14) and six-year-old son Shraiyans at a rented house in northwest Delhi's Shalimar Bagh area, they said.

Rupali was not at home when Madhur strangled their children. He might have also smothered their daughter but the exact cause of death would be ascertained only after the post-mortem reports arrive, a police official said.

After killing his two children, he jumped in front of an approaching train at Haiderpur Badli Mor Metro station following which he was rushed to a hospital where doctors declared him 'brought dead', the official said.

Metro services on the Yellow Line were briefly delayed due to the incident.

"Delay in services from Samaypur Badli to GTB Nagar due to a passenger on track at Haiderpur Badli Mor," the Delhi Metro Rail Corporation (DMRC) tweeted.

After about 15 minutes, it again tweeted that normal services have been restored. The Delhi Metro's Yellow Line connects Samaypur Badli in Delhi to HUDA City Centre in Gurgaon.

The suicide was reported to the police around 5.40 pm while the Shalimar Bagh Police station received a call about the killings around 6.50 pm.

On reaching the house, police found bodies of the children lying in beds in two rooms. During enquiry, it was learnt that their father has left the house, a senior police officer said.

While police were trying to trace Madhur, they learnt about a suicide at the metro station. On verifying the details, it surfaced that Madhur committed suicide after killing his children, the officer said.

Rupali told police that she had gone to a nearby market around 3 pm and on returning home she found the bodies of her children while her husband was missing.

A case under relevant sections of the IPC has been registered and investigation was underway, Deputy Commissioner of Police (Northwest) Vijayanta Arya said.

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News Network
June 30,2020

Visakhapatnam, Jun 30: Two people were killed and four others were taken ill after benzene gas leaked at a pharmaceutical company at Parawada near here early on Tuesday morning, official sources said.

The situation was now under control as the leak was restricted to one unit in the Sainor Life Sciences company, the sources said.

The two killed were senior employees of the company, they said.

The injured persons have been admitted to a hospital in Gajuwaka, with one of them being put on ventilator support, the sources added.

District Collector V Vinay Chand and Police Commissioner R K Meena visited the company to take stock of the situation.

The cause of the leak that took place in a reactor unit at the plant is yet to be established.

The incident comes nearly two months after 11 people were killed and over 1000 taken ill after gas leak at a chemical plant here.

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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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