Archive for the ‘Court Says’ Category

Bow down before your wife’s ‘diktat’, SC tells husbands

May 20, 2009

Bow down before your wife’s ‘diktat’, SC tells husbands

19 May 2009, 1848 hrs IST, PTI
http://timesofindia.indiatimes.com/India/Bow-down-before-your-wifes-diktat-SC-tells-husbands/articleshow/4552535.cms

NEW DELHI: If you want to buy matrimonial peace just do whatever your wife says!

This is not some piece of advice from a marriage counsellor, rather it is from the country’s apex court.

A vacation bench of justices Markandeya Katju and Deepak Verma observed, “Bibi joh boltee hai woh sunno (listen to whatever your wife says), as otherwise it could land you in trouble. Because if you do not listen to her, you will suffer the consequences.”

“Hum sab bhogi hai (we are all sufferers),” the bench said in a lighter vein.

The bench further said that a husband has to accept the suggestion of a wife irrespective of the fact whether it is sensible or not.

“If your wife asks you to put your face that side, put it that side. If she says, put it this side, then put it this side. Otherwise you will face trouble. Hum sub bhogi hai,” the bench remarked again.

The interesting suggestions from the apex court evolved on Tuesday during a matrimonial case involving an Air Force official Deepak Kumar who complained that his estranged wife Manisha had ruined him and his family by implicating them in false criminal cases including sodomy.

The couple got married 17 years ago but matrimonial disputes surfaced between the two soon after marriage.

A district court in Chandigarh dismissed Deepak’s plea for divorce as Manisha opposed it, but a single judge of the Punjab and Haryana High Court granted decree of judicial separation.

On an appeal from Manisha, a division bench granted the decree of divorce as the marriage “had irretrievably broken down” besides directing Rs 10 lakh maintenance amount from Deepak to her.

Aggrieved by the high court’s order Manisha filed the appeal in the apex court challenging the decree of divorce.

Deepak’s counsel argued that Manisha even though had implicated her husband and his family in a host of criminal cases was yet opposing the divorce despite the marriage breaking down irretrievably.

The vacation bench however, posted the matter for further hearing to July last week as there was no urgency in dealing with the matter.

“You have waited for 17 years, so wait for a few more days,” the bench said while switching over to the next item on the agenda.

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Kids worst victims in divorce cases: HC

December 24, 2008

Kids worst victims in divorce cases: HC

24 Dec 2008, 0059 hrs IST, TNN

http://timesofindia.indiatimes.com/Cities/Delhi/Kids_worst_victims_in_divorce_cases_HC/articleshow/3882322.cms

NEW DELHI: The trauma of children whose parents are involved in matrimonial dispute has drawn the attention of Delhi High Court which says such couples often remain unmindful of the psychological, mental and physical impact it has on kids.

HC in a recent judgement observed that children are the worst sufferers “who not only get deprived of love, care and affection of one of their parents but practically become targets for the parties to score over one another in this mad race and obsession of winning possession, exclusive control and custody of the children.”

Expressing concern over the changing behaviour of the children due to the differences between their parents, the court added, “The marital discord sometimes reaches a stage where parties are unmindful of what psychological, mental and physical impact it has on children.”

“Children, whose parents seek divorce, witness negative family interaction prior to a divorce, also experience many life transitions and strained familial relationship after divorce,” HC noted, while dealing with a petition filed by a man seeking custody of his daughter from his estranged wife in a matrimonial dispute.

For more than seven years, the husband and wife have been filing petitions one after another before the court accusing each other of violating the court order for their daughter’s custody.

The court suggested to the couples, involved in matrimonial discord, to give paramount importance to the welfare of their children than fighting over small issues.

“Many people have shortcomings but that does not imply that they are less deserving to have the solace and custody of their children. No decision by any court can restore the broken home or give a child the care and protection of both dutiful parents,” the court said.

Dowry frame-up is cruelty against husband’

January 21, 2008

New Delhi: A city court, while granting divorce to a husband has held
that his wife’s false allegations of dowry harassment against him
amount to cruelty. In this case the husband had sought a divorce from
his wife to whom he had been married to 33 years as he claimed that his
wife had been cruel to him by lodging several false complaints against
him.

Additional district judge Atul Kumar Garg, said in a recent order:
“It has been proved that the wife has treated the husband with
cruelty as no person expects misbehaviour from his wife and to send him
to jail by lodging several complaints.”

Admitting the divorce plea of the husband, who spent a few days in jail
due to his wife’s false complaints, the court observed that his wife
had in her testimony denied levelling dowry charges against him.
“By claiming this, she belied her own allegations levelled against
her husband in various other judicial and quasi-judicial fora,”
the court said. The couple’s children had also spoken in favour of
their father before the Delhi Police’s Crime Against Women (CAW)
cell. TNN

Times of India