Monday, September 30, 2013

husband returns home aftr 5 days, sees man run out of house, kills wife in anger !! police arrest husband after search !!


  • Krishnamoorthy a fisherman returned home after five days fishing trip 
  • His wife Nadiya (24) , married for long and a mother of three kids, did NOT open the house door inspite of a long delay
  • Krishnamoorthy started hitting on the house door, when suddenly a man emerged from the home, pushed away krishnamoorthy and ran away
  • Shocked by this, Krishnamorrthy asked his wife who the man was and what was he doing in their home
  • It is alleged that the angered Krishnamoorthy, killed Nadia, by strangling her
  • He left Nadia's body in the house and ran away with his three children
  • Police have arrested Krishnamoorthy after some search !!
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வாலிபருடன் தனியாக இருந்ததால் கொலை - கணவன் வாக்குமூலம்!
செவ்வாய், 24 செப்டம்பர் 2013( 09:21 IST )

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எர்ணாவூரில் 3 குழந்தைகளின் தாய் மர்மச்சாவு வழக்கில் வேறு வாலிபருடன் தனியாக இருந்ததால் மனைவியை கணவனே கழுத்தை நெரித்து கொலை செய்ததாக கைது செய்யப்பட்டுள்ளார்.

எர்ணாவூர் சுனாமி குடியிருப்பு 48-வது பிளாக்கில் வசித்து வருபவர் கிருஷ்ணமூர்த்தி. மீனவர். இவரது மனைவி நதியா (வயது 24). இவர்களுக்கு 3 குழந்தைகள் உள்ளனர். 

நேற்று முன்தினம் நதியா பலத்த காயங்களுடன் வீட்டில் உள்ள குளியலறையில் பிணமாக கிடந்தார். கிருஷ்ணமூர்த்தி 3 குழந்தைகளுடன் தலைமறைவாகி விட்டார். இதுகுறித்து நதியாவின் தாய் காந்தா கொடுத்த புகாரின் பேரில் எண்ணூர் போலீஸ் இன்ஸ்பெக்டர் ஆனந்த் வழக்குப்பதிவு செய்து கிருஷ்ணமூர்த்தியை சந்தேகத்தின் பேரில் தேடி வந்தார்.

கோவளம் கடற்கரையில் குழந்தைகளுடன் நின்று கொண்டிருந்த கிருஷ்ணமூர்த்தியை போலீசார் மடக்கிப்பிடித்து போலீஸ் நிலையம் கொண்டு வந்து விசாரித்தனர். அப்போது அவர் மனைவியை கழுத்தை நெரித்து கொலை செய்ததை ஒப்புக்கொண்டார்.

இதனையடுத்து அவரை போலீசார் கைது செய்தனர்.

போலீசாரிடம் அவர் கொடுத்துள்ள வாக்குமூலத்தில் கூறியிருப்பதாவது:

"நான் கடந்த 5 நாட்களுக்கு முன்பு மீன்பிடிப்பதற்காக கடலுக்கு சென்றேன். மீன்பிடித்து விட்டு நேற்று முன்தினம் இரவு 1 மணியளவில் வீட்டிற்கு வந்து கதவை தட்டினேன். நீண்டநேரமாக கதவு திறக்கவில்லை. 

சிறிதுநேரம் கழித்து என் மனைவி வந்து கதவை திறந்தார். அப்போது ஒரு வாலிபர் என்னை கீழே தள்ளி விட்டுவிட்டு ஓடி விட்டான். அவன் யார்? என்று கேட்டு மனைவியிடம் தகராறு செய்தேன். ஏற்கனவே அவளது நடத்தையில் சந்தேகம் இருந்ததால் ஆத்திரம் தலைக்கேறியது.

உடனே அருகில் கிடந்த நைலான் கயிறை எடுத்து அவள் கழுத்தில் போட்டு இறுக்கி கொன்றேன். பிணத்தை குளியலறையில் இழுத்து போட்டு விட்டு குழந்தைகளை கூட்டிக்கொண்டு திருவான்மியூரில் உள்ள உறவினர் வீட்டிற்கு சென்று விட்டேன். பின்னர், எங்கு செல்லலாம் என்று தெரியாமல் கோவளம் கடற்கரையில் நின்று கொண்டிருந்தேன். அப்போது போலீசார் என்னை பிடித்து விட்டனர். 

இவ்வாறு அவர் கூறியுள்ளார்.



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ALLEGED murder threats to wife, 2 arrested. Marriage 1+ year, police already inside home !!! Don't ask me about high court after high court decreeing that people should NOT be arrested in 498a cases without the sanction of the highest officers !!!!

Ariyalur : Tamil Nadu : Sep 29 , 2013 
  • Two people including the husband have been arrested and four others have absconded in a case of alleged murder threats to the wife 
  • Arul Ganeshan (27), son of Paramasivam from Rayapuram village near Senthurai, Ariyalur District was married to Rajeshwari (21) from the same place approx 1.5 years ago
  • It is alleged that Arul Ganeshan had misbehaved with his wife under the influence of liquour
  • It is also alleged that he tortured the wife for Dowry 
  • Due to the differences between the couple, Rajeshwari had left her husband and gone back to her parental house
  • As things stood thus, on July 16th 2013, Rajeshwari and her relatives reached Arul Ganesha's house for discussions
  • It is alleged that Arul Ganeshan, his elderly mother, father and relatives attacked Rajeshwari
  • So Rajeshwari filed a police complaint with the all woman's police station 
  • Police have registered a case
  • Also, Police have arrested Arul Ganeshan (husband) , Mahendran (relative)
  • Four others have absconded and police are searching for them as well 

  • readers, please don't ask me about high court after high court decreeing that people should NOT be arrested in 498a cases without the sanction of the highest officers !!!! ....this IS the fate of matrimony in India 

பெண்ணுக்கு கொலை மிரட்டல் கணவன் உள்ளிட்ட இருவர் கைது

பதிவு செய்த நாள் : செப்டம்பர் 29,2013,03:13 IST 

அரியலூர்: அரியலூர் அருகே பெண்ணுக்கு கொலை மிரட்டல் விடுத்த வழக்கில் கணவன் உள்ளிட்ட இருவர் கைது செய்யப்பட்டனர்.

அரியலூர் மாவட்டம், செந்துறை அருகே ராயம்புரம் கிராமத்தை சேர்ந்த பரமசிவம் மகன் அருள் கணேசன், 27. இவருக்கும் அதே ஊரை சேர்ந்த ராஜேஸ்வரி, 21, என்ற பெண்ணுக்கும் கடந்த ஒன்றரை ஆண்டுக்கு முன் திருமணம் நடந்தது. திருமணம் ஆன நாள் முதல் குடிபோதையி ல் வீட்டுக்கு வந்த அருள் கணேசன், தனது மனைவிடம் தகராறு செய் து, வரதட்சணைக் கேட்டு கொடு மை படுத்தி வந்தார். இதனால் மனமுடைந்த ராஜேஸ்வரி கடந்த சில மாதங்களுக்கு முன் பிறந்த வீட்டுக்குச் சென்று விட்டார்.

இதை தொடர்ந்து ராஜேஸ்வரி 2013 ஜூலை 16ம் தேதியன்று, அவரது அப்பா, அம்மா ஆகியோருடன் கணவன் வீட்டுக்கு சென்று நியாயம் கேட்டார்.

இரண்டு தரப்பினருக்கும் இடையே வாய் தகராறு அதிகமாகியது. ஆத்திரமடைந்த அருள் கணேசன் தனது பெற்றோர் உதவியுடன் மனைவி ராஜேஸ்வரியை தலைமுடியை பிடித்து இழுத்து தாக்கி சித்ரவதை செய்து, கொலை மிரட்டல் விடுத்தார்.

இதுபற்றி தனது கணவர் அருள் கணேசன், மாமனார் பரமசிவம், மாமியார் பானுமதி, அவரது உறவினர்களான அருள்மொழி, விஸ்வநாதன், மகேந்திரன் உள்ளிட்ட ஆறு பேர் மீதும், ராஜேஸ்வரி அரியலூர் அனைத் து மகளிர் போலீஸ் ஸ்டேஷனி ல் புகார் கொடுத்தார். அதன்மீது மூவர் மீதும் வழக்கு பதிந்த அனைத்து மகளிர் போலீஸார், அருள் கணேசன், மகேந்திரன் உள்ளிட்ட இருவரை கைது செய்துள்ளனர். மேலும் தலைமறைவாக உள்ள நான்கு பேரையும் தேடி வருகின்றனர்.




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Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist
  
  

Sunday, September 29, 2013

Wife Taunting hubby for '..not being smart ..' is cruelty: Family Court Saves man after 10 year marriage !!!

 "........Whenever the petitioner (husband) returned from office tired and wanting to sleep, the respondent used to crave for physical relations and, on refusal, call petitioner chhakka (eunuch), unnecessarily making comments... The respondent (wife) had also taunted him, saying she wanted a better and smart husband from an affluent family. All this... amounts to mental cruelty to him."

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Taunting hubby for not being smart is cruelty: Court

Monday, Sep 30, 2013, 8:13 IST | Place: Mumbai | Agency: DNA


Pic for representational purpose.
Pic for representational purpose. - Ravi Jadhav/DNA



If a woman repeatedly taunts her husband for not being up to the mark, it amounts to mental cruelty, the family court said while granting divorce to a man who was married for over 10 years.

The court said, "Whenever the petitioner (husband) returned from office tired and wanting to sleep, the respondent used to crave for physical relations and, on refusal, call petitioner chhakka (eunuch), unnecessarily making comments... The respondent (wife) had also taunted him, saying she wanted a better and smart husband from an affluent family. All this... amounts to mental cruelty to him."

Petitioner's advocate Paresh Desai said, "The court took into account that the husband had done his best to provide a good life to the wife but the woman's nature caused a lot of harassment to the husband, who was left with no choice but to seek divorce."

As per the husband's petition, the couple married in 2003 and they have two children. It was alleged that the wife would pick fights with the husband and his mother and never took good care of the children. The court also took into account the instances where the wife threatened to commit suicide as mental cruelty to the husband.

Denying all the allegations, the wife moved an application seeking the restitution of conjugal rights. The family court attempted a reconciliation but it didn't work out, forcing the court to hear and decide upon the petition.

The court also accepted video recordings of the couple's arguments. The bench said, "Though she was aware the arguments were being recorded, she used the most abusive and insulting words against her husband. She also threatened him for creating a scene and destroying her life..."



http://www.dnaindia.com/mumbai/1895796/report-taunting-hubby-for-not-being-smart-is-cruelty-court





































































































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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist
  
  

men claiming income in 'lakhs' will be scr3w3d with BIG maint !! 60000 pm maint sought from minister's son !! : "..They had submitted a pay slip of a private company where Rajashree claimed to have been working and it was mentioned that he was drawing Rs 1,65,000 per month. ...."

".....a maintenance case seeking Rs 60,000 per month towards her study and other expenditures had been filed. The petition was lodged on the basis of the claims made by the Mohanty family while obtaining the conditional bail from the court of District and Sessions judge of Balasore......."

"..........."They had submitted a pay slip of a private company where Rajashree claimed to have been working and it was mentioned that he was drawing Rs 1,65,000 per month. Besides, they denied to have demanded dowry citing that Rajashree was earning Rs 10 lakh more per annum from his hotel business and landed properties, apart from his salary. Basing on the claims, we have demanded Rs 60,000 per month towards maintenance," ........."

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Dowry harassment: Maintenance case filed against ex-minister's son

By Hemanth Kumar Rout | ENS - BALASORE

Published: 28th September 2013 03:47 PM

Last Updated: 28th September 2013 03:47 PM

  • Photos
  • Rajashree Mohanty and Barsa Swony Choudhury (File/Express)
    Rajashree Mohanty and Barsa Swony Choudhury (File/Express)


In a significant development in the sensational dowry harassment case of Barsa Swony Choudhury (23) in which a former minister of Odisha and his family members were arrested earlier this year, a maintenance case has been filed in the Balasore family court against the woman's husband Rajashree Mohanty.


Rajashree, his father, former minister and BJD MLA from Basta Raghunath Mohanty and mother Pritilata Mohanty are now on condition bail. They were arrested following the dowry torture allegation by Barsa, a resident of Bhoisahi here, in Balasore town police station on March 14.


Barsa's counsel Amar Ballav Nanda confirmed that a maintenance case seeking Rs 60,000 per month towards her study and other expenditures had been filed. The petition was lodged on the basis of the claims made by the Mohanty family while obtaining the conditional bail from the court of District and Sessions judge of Balasore.

"They had submitted a pay slip of a private company where Rajashree claimed to have been working and it was mentioned that he was drawing Rs 1,65,000 per month. Besides, they denied to have demanded dowry citing that Rajashree was earning Rs 10 lakh more per annum from his hotel business and landed properties, apart from his salary. Basing on the claims, we have demanded Rs 60,000 per month towards maintenance," Nanda said adding that the case has been registered.

Meanwhile, Barsa has been shifted to Bhubaneswar and studying MBA in HR and Finance in a private management college there. Her father Kishore Kumar Choudhury hoped the court would decide in their favour while granting the amount as per the legal provisions which would definitely help for her higher studies.

Barsa said after the case was registered she has been staying along with her parents and depending on her father's income. "I require more money for my higher studies. That's why I have filed the maintenance case and the money I expect to get will meet my study expenses," she added.

While after the incident, Raghunath had to lose his ministerial berth and the vice-president post of BJD, the ruling party too lost miserably in the recently concluded Jaleswar NAC election. Incidentally, Raghunath was projecting his son as the party's candidate from Jaleswar constituency in 2014 Assembly polls.

Earlier, Barsa had moved the High Court, seeking cancellation of bail granted to her husband Rajashree and father-in-law by the lower courts. In her petition, she had alleged that Raghunath and Rajashree had violated the conditions imposed on them by the lower courts while granting bail.

Rajashree however could not be contacted for comment. His counsel Niranjan Panda told media persons that Rajashree lost his job after his arrest and he had no such hotel business. "When he earns nothing, how can he pay such a huge amount? However, we are yet to receive the notice. We would fight the case accordingly," he added.




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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist
  
  

should BAIL be based on what a WITNESS says ?? or based on liberty of individual, severity of offence etc etc ???


IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ORDER
IN S.B. Cr. Misc. 2nd Bail Application No.1564/2013
Indraraj alias Guddu Vs. State of Rajasthan through Public Prosecutor
Date of Order ::: 19.09.2013
Hon'ble Mr. Justice Mohammad Rafiq Shri Harendra Singh Sinsinwar, counsel for petitioner Shri Sanjeev Kumar Mahala, Public Prosecutor http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

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By the Court:-
The first bail application of petitioner, being Bail Application No.2539/2012, was dismissed by this court vide order dated 28.03.2012 with direction to trail court to conclude the trail at the earliest and petitioner was given liberty to again apply for bail before the court below itself after statements of key prosecution witnesses are recorded. http://evinayak.tumblr.com/
http://vinayak.wordpress.com/

Learned Public Prosecutor submits that though statements of key prosecution witnesses have been record, but they have deposed against the accusedpetitioner.
This second bail application is accordingly dismissed on merits as the key prosecution witnesses have deposed against the accused-petitioner. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

(Mohammad Rafiq) J



*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
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Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist
  
  

whaat ? MORE time to get a bail heard, than getting acquitted in whole case ???


IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

ORDER
IN S.B. Cr. Misc. 2nd Bail Application No.2941/2013
Sanjeev Kumar alias Chunna Vs. Stateof Rajasthan  
through Public Prosecutor
Date of Order ::: 19.09.2013
Hon'ble Mr. Justice Mohammad Rafiq Shri R.M. Sharma, counsel for petitioner Shri Sanjeev Kumar Mahala, Public Prosecutor http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

******************** By the Court:-
Learned counsel for petitioner submits that, on completion of trial, the accused-petitioner has been acquitted of the charges, hence this bail application has become infructuous. Therefore, it is prayed that this second application for bail may be dismissed as having become infructuous. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

Dismissed as infructuous.
(Mohammad Rafiq) J.


***********************disclaimer***************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
**************************************************************
CASE FROM JUDIS / INDIAN KANOON WEB SITE 
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Muslim brothers BEWARE; Feminist Plan to DENY constitutional rights under sharia!! PL take note, act immediately ...fight against lawyers entering your houses !!!!

Preamble : Notes :  
************************************
  • Muslims of India fought and obtained the constitutional right to use 'Sharia'; 
  • 'Sharia' law is to be used in all personal matters governing Muslims... This is enshrined in the constitution . 
  • However now there is an attempt to slowly remove the Qazis from their holy duty of pronouncing a Talaq. !!!
  • Why allow Muslim men to live & divorce in peace? screw them also, seems to be the UNFORTUNATE idea behind this legal move 
  • IF this become the law, Just as Hindu men are struggling with divorce, Muslim men will also start struggling !!! 
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Plea on Qazis' power goes to higher bench

By Express News Service - MADURAI 

Published: 24th September 2013 10:03 AM 

Last Updated: 24th September 2013 10:03 AM

A petition filed in the Madurai Bench of the Madras High Court seeking to declare that Qazis (Islamic Judge) are not empowered to certify talaq (Muslim divorce) has been transferred to the principal bench in Chennai since a similar petition is pending before it.

In her public interest litigation petition, Sulthan Rishwana Banu  of Madurai pointed out that as per Islamic personal law men could divorce their spouses by pronouncing the 'talaq' thrice. This talaq was certified as valid by the Qazis. 

Banu contended that in other religions women have been sufficiently protected by necessary legislations against arbitrary divorce. In contrast, Muslim women in India have been subjected to unilateral and arbitrary divorce by their husbands.

The State had not taken any steps to codify Islamic law though it is provided that the State shall endeavor to secure for the citizens equality before the law.

According to Banu, several Muslim men, even without the knowledge of the wives are pronouncing talaq thrice and also represent to the Qazis that they have pronounced talaq and have obtained certificate to the said effect to divorce their wives.

Petitioner said though the Qazis were once upon a time judicial authorities under Muslim personal law, their powers were taken over by Civil Courts during the colonial period. Since then they have not been vested with powers of adjudication as per the provisions of the Qazis' Act 1880. The said Qazis Act does not confer administrative or judicial power to the Qazis and they have no power to issue certificates recognising divorces based on talaq. Hence the petitioner sought a direction restraining the chief Qazi and the Qazis under him in TN from issuing any certificate of approval for divorces based on the uttering of talaq.






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ablaa Naari wife held for morphing pictures of hubby’s mom, sister; Initially she morphed husband's pictures, but that time she was NOT held and husband was told to PATCH UP !!


"............Mohanapriya, a native of Bangalore who was living in West Bengal, had completed her MBA abroad and had several friends. She continued to be in touch with them after her marriage through social networking sites and through text messages. .........."

"............Enraged over his decision to approach police, she decided to morph the pictures of his mother and his sister. A friend of Pradeep noticed the pictures on Facebook and informed him. She had taken pictures of her mother-in-law and sister-in-law and changed them with the help of a friend abroad before uploading them on to the networking site......."

******************** news from TOI ****************

Woman held for morphing pictures of hubby's mom, sister

TNN Sep 28, 2013, 07.14AM IST

CHENNAI: A 25-year-old woman was arrested on Friday for uploading morphed pictures of her mother-in-law and sister-in-law online after her husband filed for divorce. The woman, Mohanapriya, and her father Anand Kodiraj, who was also nabbed for helping her, were later remanded in judicial custody.

The case came to light following a complaint from Krishnamoorthy. Police said Krishnamoorthy's son Pradeep, 30, a Bangalore-based software engineer, met Mohanapriya through a matrimonial site and they got married in November 2012.

Mohanapriya, a native of Bangalore who was living in West Bengal, had completed her MBA abroad and had several friends. She continued to be in touch with them after her marriage through social networking sites and through text messages. This apparently irked Pradeep and the couple often fought over the issue. They had not been on good terms for the last three months, police said.

The engineer then decided to file for divorce, but Mohanapriya didn't want to. To vent her anger, she allegedly posted morphed pictures of Pradeep with several girls on the social networking site Facebook. He lodged a complaint at a police station in Bangalore, and Mohanapriya was warned and let off. The couple then moved to a relative's house in Besant Nagar and they continued to shuttle between Bangalore and Chennai, police said

Enraged over his decision to approach police, she decided to morph the pictures of his mother and his sister. A friend of Pradeep noticed the pictures on Facebook and informed him. She had taken pictures of her mother-in-law and sister-in-law and changed them with the help of a friend abroad before uploading them on to the networking site.

Pradeep lodged a complaint with the cyber crime cell of the Chennai police and the pictures were soon removed from the site.

A case was registered against the woman under Section 66 (hacking with computer system), and 66A (sending offensive messages through communication service of the IT Act and section 4 of the Tamil Nadu Prevention of Women Harassment Act.





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Defense scientist booked u/s 498A!! ; wife says he was NOT divorced from earlier wife !! Wife also claims rape !!

If a scientist can fall prey to marriage, what about common man ???? 

........."......A case has been registered against Majumdar under sections 376 (rape), 419 (cheating by personation), 496 (marrying fraudulently) and 498 (A) (subjecting wife to cruelty)," the SP said........"

But look at the headline !! that says Rape !!


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DRDO scientist booked for 'raping' wife

Monday, Sep 23, 2013, 9:38 IST | Place: Raipur | Agency: PTI

A Defence Research and Development Organization (DRDO) scientist was today booked for allegedly raping his wife.

"A case has been lodged case against Tapas Kumar Majumdar, who is working with food research laboratory wing of DRDO, on the complaint lodged by his 30-year-old wife this evening," Raipur Superintendent of Police O P Pal told PTI.

According to the woman, who is a school teacher, the accused had married her in 2011, while keeping her in the dark about the status of his earlier marriage.

He had told her that he had taken divorce from the first wife and then got married with the complainant, who later came to know that Majumdar had not taken divorce, the SP said.

"A case has been registered against Majumdar under sections 376 (rape), 419 (cheating by personation), 496 (marrying fraudulently) and 498 (A) (subjecting wife to cruelty)," the SP said.

Majumdar is currently posted at Mussorie in Uttarakhand.

Further probe is on and suitable action will be taken in this connection, the SP added.




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creditor & wife send doctor to jail!! house gone & doc runing to courts!! Educated men this is marriage, loans !!!


creditor & wife send doctor to jail!! Doc's house is gone & the doc is runing from court to another court!! 

Educated men beware of marriage & loans !!!

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Insolvency or farce, HC to decide doctor's case

Swati Deshpande, TNN | Sep 29, 2013, 04.45 AM IST


MUMBAI: In a courtroom drama of a mini-series proportion, a jailed Mumbai doctor claiming insolvency sought protection from incarceration in cheque-bouncing cases, his former wife rued that he has ruined her life, and a creditor contended that the divorce was staged to escape liability. The arguments took place in the Bombay high court on Friday.

In 2008, Dr Pankaj Gandhi (59), a homeopath, had moved the HC to be declared an insolvent as he was unable to pay his debts of Rs 47 lakh. Rohit Sanghvi, a creditor who is related to Dr Gandhi, challenged a 2009 order of the insolvency registrar adjudging him insolvent. Sanghvi claimed that Dr Gandhi owed him over Rs 20 lakh and is seeking the execution of a 10-year-old decree. He also sought attachment of Dr Gandhi's flat in Seven Bungalows, Andheri (west).

On Friday, when the matter came up before Justice S J Kathawalla, Dr Gandhi was brought to court from a Pune jail. His former wife said she had rights to the flat, a joint Hindu undivided family (HUF) property.

In 2001, the Bandra family court had passed a protective order against dispossession and hence, she said, it can't be attached. Sanghvi disputed the claim and said it was a means to prove insolvency.

Justice Kathawalla asked if they would like to settle matter amicably. But as the parties remained roiled, the judge then heard counsel Ashutosh Kumbhakoni, an amicus curiae.

Kumbhakoni said that it was necessary to "conclusively determine" whether the flat belongs to Dr Gandhi or is a HUF property. "It must also be determined if the matrimonial proceedings between Dr Gandhi and his wife [that began in 1996] were collusive and if collusive orders were obtained."

Kumbhakoni said there was evidence on both sides. A watchman of the building has said that Dr Gandhi lived in the flat, while the society secretary was not aware. "There is no documentary evidence to show creation of the PC Gandhi HUF when they got married in 1984, as claimed. The flat also stands in Gandhi's name," he said.

The case has several interwoven plots. In 1996, Sanghvi, after breaking and entering the flat, filed a suit to restrain the Gandhis from occupying it. After losing in the SC, he withdrew the suit. But in 2003, Sanghvi got a decree for a 1999 suit to recover Rs 5 lakh given as friendly loan to Dr Gandhi. The cheques in return bounced and Sanghvi filed a cheque-bouncing case which resulted in a conviction in 2005.

The execution is still pending and Dr Gandhi's wife has intervened in the matter with several requests, including one to the President of India, to have the matter placed before another judge for want of confidence in the one hearing it.

The HC adjourned the matter to October 15 to decide on the HUF aspect. The judge said if it is not a joint property, then Dr Gandhi can't claim insolvency.





http://timesofindia.indiatimes.com/city/mumbai/Insolvency-or-farce-HC-to-decide-doctors-case/articleshow/23232781.cms



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Thursday, September 26, 2013

IF convicted politician can be MLA, MP why should 'acused' husband be removed from job ? Kapil Sibal & convicted MP, MLA



IF convicted politician can be MLA, MP why should 'acused' husband be removed from job ? Kapil Sibal & convicted MP, MLA


*******************

Kapil Sibal defends ordinance on convicted MPs, MLAs

TNN | Sep 26, 2013, 06.17 AM IST


BATHINDA: Defending the Union cabinet decision to clear an ordinance to neutralize the Supreme Court's order mandating immediate disqualification of MPs and members of state legislatures convicted for offences carrying a sentence of two years or more, Union law and justice minister Kapil Sibal on Wednesday said the ordinance was stricter than the apex court decision. 

Refuting allegations that the ordinance was to protect a select few, Sibal said the UPA government did not want to favour the convicted persons with the ordinance but it was of the view that if the conviction was stayed by the higher court within 90 days the elected representative should not be disqualified. 

The government also wants the elected representatives' perks withheld and he/she should not have the voting right till exonerated. Interacting with members of the district bar association here on Wednesday, Sibal said the need to issue the ordinance arose as passing the bill in the Parliament was delayed. "Before tabling the bill on convicted representatives, I held talks with leader of the opposition in Rajya Sabha Arun Jaitely and he had given his consent but when the bill was tabled the BJP started opposing it and it could not be passed," he said. 

Apart from defending the ordinance, the Union law minister also stressed the need to streamline judicial appointment commission. Attacking the present justice delivery system, Sibal said the present collegium needed to be changed forthwith. Sibal candidly confessed that everybody knows the judicial system has miserably failed to save itself from corruption charges and nepotism. The charges of "uncle judges", "practising relatives" is also denting the image of the judiciary, he said. 

Need to turn Gujrat into India 

Without naming Gujarat chief minister Narendra Modi, Sibal said some people have started a debate and are trying to turn India into Gujarat whereas the need is to turn Gujarat into India. He also termed the BJP in general and Narendra Modi in particular as 'nirantar virodhi'. 

QUOTE 

I wanted to be teacher by choice, became lawyer by profession and politician by accident and to recover from an accident is not an easy task 


source




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Wednesday, September 25, 2013

Arrest for non pmt maint us 125 CrPC within MAX 1yr, but NO TIME LIMIT FOR RECOVERY u/s 128 CrPC. Madras HC

Arrest for non pmt maint us 125 CrPC within MAX 1yr, but NO TIME LIMIT FOR RECOVERY u/s 128 CrPC. Madras HC 

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The Honourable Madras HC says and we quote : 
"...........A comparison of Sections 125(3) and 128 of Cr.P.C. would keep things beyond any pale of doubt that in so far as the proceeding under Section 125(3) is concerned, the statuete has prescribed a period of limitation of one year, whereas in respect of a proceeding under Section 128 of Cr.P.C., there is no limitation provided at all. 
This is because, while exercising the power under Section 125(3) Cr.P.C. the action being essentially a criminal in nature, resulting in punishment of imprisonment, the legislature has perhaps, thought it fit to provide such a period of limitation of one year to file a petition. Since, while enforcing an order under Section 128 of Cr.P.C. for recovery of the amount, there is no question of straight away imposing such a punishment of imprisonment and that may be the reason for the legislature not to provide for such a period of limitation......."

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
******************************************************************
CASE FROM JUDIS / INDIAN KANOON WEB SITE 
******************************************************************

Madras High Court

P.Vaithi vs Kanagavalli on 2 February, 2010

DATED: 02.02.2010

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU

Criminal Revision Case No.1237 of 2009

and

M.P.No.1 of 2009

P.Vaithi .. Petitioner

Vs.

1. Kanagavalli

2. Tamil Selvai .. Respondents

* * * * * * *

Prayer : Criminal Revision Case is filed under Section 397 read with 401 of Cr.P.C. to set aside the order of the learned Judge of the Family Court, Salem, made in C.M.P.No.146/2008 in M.C.No.29/2004 dated 22.10.2009 For Petitioner :: Mr.S.Ayyathurai

For Respondents :: Mr.R.Nalliyappan

O R D E R

In M.C.No.29/2004, the Family Court, Salem, directed the petitioner to pay a sum of Rs.750/- p.m. to the 1st respondent and Rs.500/- p.m. to the 2nd respondent towards their maintenance under Section 125 of Cr.P.C. The said order, dated 17.11.2006 has become final. However, the said amount was not paid. Seeking to enforce the same, the respondents filed C.M.P.No.146/2008 before the lower court under Section 128 of Cr.P.C. By an order dated 22.10.2009, the Family Court directed the petitioner to pay the amount and also cautioned the petitioner that an order of attachment would be passed in the event of failure of the petitioner to pay the amount. The petitioner is aggrieved by the said order. Thus, he is before this Court with this revision. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

2. The only contention raised by the learned Counsel for the petitioner is that such a petition for enforcement could be filed only in respect of arrears of maintenance for a period of one year. He would further submit that since, in this case, C.M.P.No.146/2008 was filed covering a period exceeding one year, the court ought to have dismissed the application as barred by limitation. To substantiate his contention, the learned counsel relies on judgments in Yoosuf Rawther v. Ashref and another reported in 1997 Crl.L.J.4313 and Jagannath Patra v. Purnamashi Saraf and another reported in AIR 1968 Orissa 35. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

3. The learned Counsel for the respondents would however oppose this petition. According to him, the limitation provided under Section 125 (3) is not applicable to the facts of the present case.

4. I have considered the rival submissions made on either side and also perused the records.

5. At the outset, I have to state that a proceeding under Section 125 Cr.P.C. is quasi civil and quasi criminal. In so far as it decides the civil rights of the parties to claim maintenance, it is civil in nature. When the order is not obeyed by the person against whom the same has been made, then the court is empowered to impose a punishment of imprisonment of one month for each breach. To that extent, the proceeding is criminal. To put it comprehensively, I have to state that the proceeding is quasi civil and quasi criminal. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

6. After an order is passed directing to pay maintenance, the party in whose favour such an order has been passed has got two options to work out to recover the arrears from the other. He can choose to approach the court under Section 125(3) Cr.P.C. requesting the court to punish the defaulter by imposing appropriate imprisonment. On the other hand, he can also approach the court under Section 128 of Cr.P.C. seeking to recover the amount due under the maintenance order. A comparison of Sections 125(3) and 128 of Cr.P.C. would keep things beyond any pale of doubt that in so far as the proceeding under Section 125(3) is concerned, the statuete has prescribed a period of limitation of one year, whereas in respect of a proceeding under Section 128 of Cr.P.C., there is no limitation provided at all. This is because, while exercising the power under Section 125(3) Cr.P.C. the action being essentially a criminal in nature, resulting in punishment of imprisonment, the legislature has perhaps, thought it fit to provide such a period of limitation of one year to file a petition. Since, while enforcing an order under Section 128 of Cr.P.C. for recovery of the amount, there is no question of straight away imposing such a punishment of imprisonment and that may be the reason for the legislature not to provide for such a period of limitation. Therefore, to put it in nutshell, for initiating a proceeding for enforcing an order by invoking Section 128 of Cr.P.C., absolutely, I find no provision providing for limitation as it is provided in respect of proceedings under Section 125(3) of Cr.P.C. In the case on hand, the petition was filed under Section 128 of Cr.P.C. Though it was filed beyond one year, in my considered opinion, the lower court was right in entertaining the same as the same is not barred by any limitation. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

7. Now the judgment relied on by the learned counsel for the petitioner in Yoosuf Rawther v. Ashref and another reported in 1997 Crl.L.J.4313 as cited supra requires to be considered. In that judgment, the Court had occasion to consider the period of limitation provided only in respect of a petition filed under Section 125(3) of Cr.P.C. The Court was not inclined to give any findings in respect of the proceedings under Section 128 Cr.P.C. Therefore, the views expressed in the said judgment have no relevance to the Section 128 of Cr.P.C. at all. For similar reason, the judgment inf Jagannath Patra v. Purnamashi Saraf and another reported in AIR 1968 Orissa 35 also does not come to the help of the petitioner. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

8. In view of all the above, the revision fails and the same is accordingly dismissed. Consequently, connected Miscellaneous Petition is also closed. I clarify that the petitioner is at liberty to enforce the maintenance order without being bound by the limitation provided under Section 125(3) of Cr.P.C. 02.02.2010

Index : Yes/No

Internet:Yes/No

tsi

To

The Family Court Judge, Salem.

S.NAGAMUTHU,J.

tsi

Crl.R.C. No.1237/2009
02.02.2010

Crl.R.C.No.53 of 2010
Dt.19.01.2010

01.02.2007

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S125 CrPC maintenance adjustable against maint in matri. proceedings & not over & above Sec 24 HMA maint.


S125 CrPC maintenance adjustable against maint. in matri. proceedings & not over & above Sec 24 HMA maint.

******************************

Supreme Court of India

Sudeep Chaudhary vs Radha Chaudhary on 31 January, 1997

Equivalent citations: AIR 1999 SC 536, 1999 CriLJ 466, JT 1998 (9) SC 473

Author: S Bharucha

Bench: S Bharucha, F Uddin

JUDGMENT

S.P. Bharucha, J.

1. Special leave granted.

2. The respondent-wife has been served by substituted service but does not appear.

3. The appellant-husband and the respondent-wife are estranged. The wife filed an application under Section 125 of the Criminal Procedure Code for maintenance which was awarded at the rate of Rs. 350/- p.m. with effect from 3rd July, 1990, and was subsequently enhanced to Rs. 500/- p.m. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

4. In proceedings under the Hindu Marriage Act the wife sought alimony. It was granted at the rate of Rs. 600/- p.m. on 11th August, 1987, and the amount, thereof was subsequently enhanced to Rs. 800/- p.m. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

5. Since the husband failed to pay the amount of maintenance as aforesaid, the wife started recovery proceedings. The husband contended that the maintenance amounts should be adjusted against the interim alimony and the Magistrate before whom the recovery proceedings were pending upheld the contention. The High Court, in the order which is under appeal, held that the Magistrate was in error in directing adjustment of the maintenance amount awarded under Section 125 of the Cr.P.C. against the amount awarded under Section 24 of the Hindu Marriage Act.

6.We are of the view that the High Court was in error. The amount awarded under Section 125 of the Cr.P.C. for maintenance was adjustable against the amount awarded in the matrimonial proceedings and was not to be given over and above the same. In the absence of the wife, we are, however not inclined to go into any detailed discussion of the law. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

7. At the same time, we feel that the claims of the husband and the wife are to be balanced. We, therefore, direct that the husband shall pay to the wife towards maintenance (which now comprehends both the amount awarded under Section 125 of the Cr.P.C. and the amount awarded in the matrimonial proceedings) the sum of Rs. 1,000/- p.m. commencing from 3rd July, 1990. The arrears, if any, shall be paid within 8 weeks. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

8. This order will be subject to such orders as may be passed at the stage of final disposal of the matrimonial proceedings.

9. The appeal is disposed of accordingly.

10. No order as to costs.




*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
******************************************************************
CASE FROM JUDIS / INDIAN KANOON WEB SITE 
******************************************************************




******************************************************

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Rape!! : Woman alleges lawyer had physical relations during divorce case he represented her !!! : Advocate arrested on rape charge, released on bail

"...........In another case, a 27-year-old woman had alleged that the lawyer had established physical relations with her since 2011 during the pendency of a divorce case in which he was representing her. ......"

**********************************************

Advocate arrested on rape charge, released on bail


Last Updated: Wednesday, September 25, 2013, 17:03  

New Delhi: A lawyer arrested for allegedly raping two women on different occasions has been granted bail by a Delhi court which asked him not to influence any of the complainants in the case. 

Additional Sessions Judge V K Khanna enlarged the lawyer on bail on furnishing of a personal bond of Rs 25,000 with one surety of the like amount. The court also asked him to furnish the same bail bond in another rape case lodged against him by. 

While releasing the advocate on bail, the court said that he should "not in any manner influence the complainants or try to meet them, otherwise it will go against him". The accused assured the court that he will abide by its directions and also cooperate in the case. 

The lawyer was arrested by the police on September 16 after a 19-year-old girl lodged a complaint at New Friends Colony Police Station here alleging that she had been raped by him on the false pretext of marrying her. 

During the hearing, the court had asked the complainant if she wanted to marry the accused. The girl replied that she will not enter into wedlock with the lawyer as she had been "cheated" by him. 

In another case, a 27-year-old woman had alleged that the lawyer had established physical relations with her since 2011 during the pendency of a divorce case in which he was representing her. 

The 19-year-girl had told the police that in March when the accused called her to his flat in south Delhi, the other woman (the second complainant) was also present there. 

She said that as they both felt cheated, they decided to file complaints with the police. 

PTI

First Published: Wednesday, September 25, 2013, 17:03




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Hindu, Muslim, Christian or Parsi : Men will be hanged even IF suspected !! Here's one guy being charged with marrying a 17 year old !! "....Muslim Personal Law can't override criminal law: Court..."

Even though Muslim Personal law allows Muslims to marry earlier the court has decided that "......Merely because both the girl and the accused happen to be from the same religion i.E. Muhammadan whose Personal Law provides for a different age of marriage than the one provided under the statutory law of the land, does not mean any special indulgence is required to be given to the accused in so far as criminal law of this land is concerned," ....."

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Muslim Personal Law can't override criminal law: Court

Tag:    Muslim Personal Law,  Criminal law,  New Delhi, Delhi court, Minor girl rape
Last Updated: Wednesday, September 25, 2013, 17:05  
New Delhi: Holding that Muslim Personal Law cannot "override" criminal law, a Delhi court has rejected the bail plea of a Muslim man, accused of kidnapping and raping his 17-year-old lover belonging to the same community.

The court said that the law of the land should be applied uniformly on all and constitutional concept of equality before law cannot be diluted by one set of legislation for Muslims and a different one for non-Muslims. 

"Merely because both the girl and the accused happen to be from the same religion i.E. Muhammadan whose Personal Law provides for a different age of marriage than the one provided under the statutory law of the land, does not mean any special indulgence is required to be given to the accused in so far as criminal law of this land is concerned," Additional Sessions Judge Kamini Lau said. 

Under the Muslim Personal Law, a girl can marry as per her choice if she has attained puberty. 

"I may observe that India is governed by secular concepts provided under the Constitution and Sharia cannot override the same. The Muslim Personal Law only applies to cases relating to marriage, divorce and personal relations but has no applicability in case of a criminal liability," the judge said. 

The court's observation came while dismissing the bail plea of a man, accused in a kidnapping and rape case of a 17-year-old girl. 

The accused told the court that the girl was in love with him and they wanted to marry but this was not acceptable to her parents and she went to Jaipur with him of her own will. He admitted that they had developed physical relations there and thereafter the girl had returned to her home. 

He also said that the girl had given her statement against him under her parents' pressure but now both the families are ready to solemnize their marriage and the dispute has been resolved between them. He was arrested under provisions of the IPC dealing with kidnapping and the Protection Of Children from Sexual Offences (POCSO) Act dealing with sexual assault. 

PTI 

First Published: Wednesday, September 25, 2013, 17:05





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Sunday, September 22, 2013

At least 40 per cent of all divorce cases filed ppl between ages 20-25 !! ; of the cases, 5-10 per cent are of those who have barely been married for a year



Divorce: A new quick-fix for the newly wed

Friday, Sep 20, 2013, 12:26 IST | Place: Jaipur | Agency: DNA

Radhika Bhatnagar  

Growing percentage of divorce cases are filed by married couples in early 20s: Report

Earlier, when problems would creep into a marriage, it was understood that the couple would reach some compromise or invariably iron out their differences. Divorce was considered to be the last resort, when both parties (by now in their 30s) would sign on the dotted lined convinced that there was nothing left to be fixed.

This seems to be a thing of the past now, as recent reports reveal that a growing percentage of divorce cases in the city are filed by married couples in their early 20s.

"At the Jaipur Family Court, at any given point in time, at least 40 per cent of all divorce cases have been filed by those between the ages of 20-25," reveals DS Shekhawat, secretary family court bar association.

"Furthermore, of the cases, 5-10 per cent are of those who have barely been married for a year."

This impatience, psychologists reveal, is a characteristic of the youth who have grown up on quick-fixes.

"At the slightest indication that there might be some discord between them, the two partners want to give up and free themselves of the relationship at the earliest," explains marriage counselor Dr Sonjoy Mukerji, adding that the common reasons for the shortening lengths of marriages include mismatch of backgrounds of the parties, dowry demands, domestic violence and in most cases, lack of communication and sexual dissatisfaction.

"Unlike the couples that would try for at least 5-10 years before parting ways, those in their 20s now don't want to waste any time trying to resolve their problems, they would rather pull the plug on their marriages as soon as they can," Shekhawat says adding, "Now the stigma related to remarriage is also dying down.

Thus, couples are keen to divorce as early as possible and find themselves a more suitable match," ends Shekhawat.


source : 




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"..A Indian strangled his wife to death because he felt divorce would be too costly, a Dubai court heard yesterday..."


Murdering wife 'cheaper than divorce', hears Dubai court

Salam Al Amir


Sep 22, 2013 Updated: Sep 22, 2013 18:47:0




A man strangled his wife to death because he felt divorce would be too costly, a court heard yesterday.


AQ, 23, from India, murdered Bushra Atif with the help of his friend RA, 28, from Pakistan, then wrapped her body in a bin bag and dumped it in the desert, prosecutors told the Criminal Court.

The bag was discovered on the Dubai to Al Ain Road by a municipality cleaner who spotted the woman's head protruding and called police.

When officers tried to contact the woman's husband they discovered he had left the country on the same day as her death – March 11.

The court heard that the man had brought his wife to the UAE about three years ago but that he had moved out of their home and moved in with his friend, whom the wife believed to be a bad influence.

"She told me that she often warned him about his friend and asked him to stay away from him but he wouldn't listen," testified the dead woman's father-in-law, QA, 55.

The couple's problems grew after the man quit his job. Once he came home drunk and assaulted his wife because she asked him to look for work, said the father-in-law.

"I wouldn't be surprised if my son and his Pakistani friend did it and killed her," he said, adding that Atif had confided that her husband was having an affair with a Filipina.

The man began spending more and more time with his friend before eventually moving in to share his accommodation at a labour camp.

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Read more: http://www.thenational.ae/uae/courts/murdering-wife-cheaper-than-divorce-hears-dubai-court#ixzz2fegBRP9z 



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