Madars HC – Lankan woman seeks Rs 20 lakh for illegal detention #Vaw


TNN Apr 29, 2013, 05.38AM IST

CHENNAI: A Sri Lankan Tamil woman, claiming that her Chennai-based husband had illegally admitted her in a private asylum at Urappakkam here and kept her confined there for 20 months, moved the Madras high court seeking 20 lakh compensation.

A division bench comprising Justice K N Basha and Justice P Devadass, before whom the habeas corpus petition of K Rizmiya came up for hearing, summoned her husband Kaja Mohideen to the court, and then referred the case to be settled through mediation. The mediation has been scheduled for June 5.

Rizmiya’s counsel P Vijendran said she had joined the Abha Hospital in Saudi Arabia as midwife in 2002, and met Kaja Mohideen, a container driver, there. They fell in love and later got married at Ambara in Sri Lanka.

When their daughter was three and half years old, he left for Chennai without informing her. Rizmiya said it took her two years to reach Chennai and trace her husband’s address, only to realize that Kaja Mohideen was already married with two children. He again persuaded her to return to Saudi Arabia, saying the family needed money to settle in Chennai.

According to her, she returned to Chennai in 2008 and insisted that he lived with her. In the guise of taking her to a hospital for treatment, she was admitted in Oxford Mental Health Home at Urappakkam, saying she was insane. Vijendran said Rizmiya said she was in illegal confinement at the ‘home’ for 20 months. She told TOI that she was administered heavy sedatives and fed cheap food by home managers, who later released her after obtaining her signatures on some papers. “I do not know what was written in that paper,” she said in the petition.

Noting that she had worked in Saudi Arabia and given her entire earnings to her husband for nearly seven years, Rizmiya said she had approached the Tamil Nadu Muslim Munnetra Kazhagam (TMMK), chief minister’s special cell and the city police seeking help to reunite with her husband. Since no help came her way, she filed the present petition seeking 20 lakh as compensation.

Rizmiya said in the guise of taking her to a hospital for treatment, her husband Kaja Mohideen admitted her to Oxford Mental Health Home at Urappakkam, saying she was insane

 

Assam court moved over woman activist’s disappearance #Vaw


By IANS – GUWAHATI

20th February 2013

  • Two Assam-based NGOs have approached the Gauhati High Court seeking details of the
    Two Assam-based NGOs have approached the Gauhati High Court seeking details of the “disappearance” of a woman rights activist. PTI file photo

Two Assam-based NGOs have approached the Gauhati High Court seeking details of the “disappearance” of a woman rights activist, about whom police claimed that she has joined banned militant outfit ULFA.

Women in Governance (Wing-India) and Women Alliance for Violence Against Women (WAVAW) filed a habeas corpus petition in the court seeking the details Majoni Das, 30, and also asked the United Liberation Front of Asom to make it clear whether Majoni has joined the outfit.

The NGOs claimed Majoni Das’s “disappearance” was one of the many cases of “forced disappearances” that take place in the northeast region.

They demanded the police to step up investigation about the whereabouts of Majoni and disclose the facts.

The woman, a teacher and a rights activist hailing from Demow in Sivasagar district of Assam, left her home to meet the superintendent of police (SP) of Sivasagar district on Feb 10. She was summoned by the police chief. Majoni has remained untraced since then.

“When the family members approached the police the next day, the police informed them that Majoni had joined the ULFA and that she had left for Nagaland,” Bondita Acharya of the Wing-India told reporters here.

The police chief also informed the media the same day that Majoni had joined the militant outfit and circulated her photographs to the media.

“The SP of the district also asked the family members of Majoni Das to go to Nagaland and bring her back. The police claimed that they had proof that Majoni had joined the outfit,” said Acharya while pointing out to the mental harassment on the family members.

“We don’t think that Majoni has joined the outfit. She left home to meet the SP and went missing since then. How can the police ask us to go to Nagaland and find out my sister? Is it not the duty of the police to find out Majoni after we lodged a missing person complaint?,” asked Majoni’s sister, Bharati Hazarika.

“When we approached the police seeking the details of Majoni, the police refused to divulge any details to us,” said Acharya while adding that the NGOs have filed a habeas corpus petition in the Gauhati High court seeking the details of Majoni.

“Police have also refused to inform us as to why Majoni was summoned by the SP. The police claimed that they are aware that Majoni will join the militant outfit and leave for its camps in Myanmar through Nagaland – in that case, was it not the duty of the police to stop her from joining the outfit?” said Acharya.

“The family is worried as they about 10 years back lost their son Diganta Das in a similar mysterious disappearance case. The question arises whether police are responsible for the sudden disappearance of Majoni or was it her choice?” she said

 

Girls fall in love due to hormonal imbalance- download judgement #bhaktavatsala


 

Last year  in a hard-hitting judgment, the Karnataka High Court  dismissed a habeas corpus petition filed by a Bangalore resident seeking reunion with his newly married wife, who he claimed was illegally detained by her parents.

Observing that a girl below the age of 21 years cannot judge the character of a person she marries, the Division Bench comprising Justice Bhaktavatsala and Justice Govindaraju directed police to lodge a suo motu kidnapping case against the petitioner, Avinash of Sudhama Nagar.

The court further observed that a girl below 21 years of age must have the consent of the parents for her marriage. “Parents should choose the boy for a girl aged below 21, as it is they who bear the brunt of an unsuccessful marriage,” the Bench said.

Terming as void Avinash’s marriage with the girl without her parents’ consent, the court levied a cost of Rs 10,000 on him. “The court cannot shut its eyes even when police fail to initiate action,” the Bench said. On the petitioner’s contention of illegal detention, the court said, “Parents keeping the child with them does not amount to illegal detention.”

The girl’s parents had lodged a complaint of kidnapping on February 7, 2011, with the Wilson Garden Police after their minor daughter, a second PU student, went missing on February 2 while on her way to college. Avinash had taken her to Krishnagiri where he married her on March 3, 2011, after she turned 18 on March 1.

On returning to Bangalore on March 28, he appeared before the police, who brokered peace between the two families by ensuring that the boy got to meet the girl twice a day and appeared before the police daily. However, when the girl’s parents refused to abide by the deal and denied him permission to meet his wife, he filed a habeas corpus plea.

When the matter came up for hearing on Thursday, the Bench lashed out at the petitioner saying, “This is (the marriage) nothing but a case of kidnapping. If the marriage fails, the girl will return to her parents who are the actual sufferers.”

The Bench said that parents protecting their child was not illegal detention. “The Hindu Marriage Act is not a contract. It needs permission from parents. (Avinash’s case) is nothing but misuse of the girl and her age,” the court said.

Stating that it would take a decision in the interest of the people, the court observed orally, “If it was love, you should wait. Why should you elope? He (boy) will not carry the sin. The girls are the sufferers.”

Taking the police to task, the court said, “Police don’t behave like human beings. You cannot decide on such matters. Who are you to decide? You are just adding fuel to fire.”

When counsel for the respondents K N Puttegowda submitted that it was the third love affair for the boy, the Bench asked Avinash: “Why did you go to Tamil Nadu? To see tsunami? This kind of people should be hanged.”

The court dismissed the matter and directed the Wilson Garden Police to take Avinash into custody immediately.

 the judgment cited was issued in the high court on May 12, 2011: “We have seen many cases of run-away love marriages and untold misery and hardship of the parents and the girls. All the love marriages are not successful. In the event of failure of the love marriage of the girl, it is the girl and her parents who have to suffer…The girls, later on, realise their mistake that they were hasty in love marriage and repent at leisure. (sic)”

This was the text of the judgment signed by justices K Bhakthavatsala and K Govindarajulu as they heard the petition of a resident of Sudhamanagar, Avinash.

The man had pleaded that the court issue a writ of habeas corpus, directing the father of the girl to produce before the court his ‘legally wedded wife,’ Sanghavi.

Avinash and Sanghavi had married on March 2, 2011, without the consent of their parents.

The father of the girl lodged a missing person complaint, and Avinash, in a bid to have his ‘wife’ returned to him, had filed another complaint.

However, in that case, Avinash had not turned 21 at the time of the marriage, so had not attained the age when a man could legally wed. Sanghavi too had not turned 18, when a woman is allowed to marry legally.

Delivering a judgment in this case, on May 12, 2011  the judges ruled, “In our opinion, the girls below the age of 21 years are not capable of forming a rational judgment… It is relevant to mention that those girls, who are suffering from hormonal imbalance, easily fall prey to the boys and fall in love, marry and repent at leisure… the Hindu Marriage Act does not deal with love marriages … In our opinion, Parliament had not taken into account the love marriages when the Bill was introduced…”

Download the judgement below

Karnataka high court HMA

 

WATCH AN ANIMATION ON THE JUDGEMENT

Love , HORMONES, Marriage- Justice Bhaktavatsala