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Nikhil (self)     10 April 2012

Role of human rights commision

Hi,


I am currently contesting a divorce case in Pune family court since February this year,but my wife has never appeared for any of the dates till now.I make a point to inform my inlaws about the court dates,but they keep on saying that they have not recived any such notice of divorce from the courts.Recently i am getting calls from some state human rights commision people telling me to come for discussion and resolve this issue at their office first,to which i have denied.These people are now telling me that they will now help my wife to file a 498 case against me.Please let me know whats the role of these human rights people in such cases.


Thanks,

Nikhil.

nikhilb80@gmail.com



Learning

 7 Replies

Adv. Chandrasekhar (Advocate)     10 April 2012

Human rights commission or its members have no business in matrimonial matters.

Tajobsindia (Senior Partner )     11 April 2012



 



Now what is that answer (reply) all about to author of this post?

 



Since you claim to practice from
Delhi Trail Court / D HC from last 20 years as stated in your profile let me give you my legal reply.  Kindly walk down few meters away from Hon'ble SC building to National Human Rights Commission office and read case no. 35681/24/72/2011 which is a dated 28-08-2011; a case of a complainant Husband sent via Email to HRC about alleged atrocities committed by jurisdiction Police Station's SHO and falsely implicated him on allegation of 'criminal conspiracy in matrimonial matters' by same S.H.O. in a matrimonial matter under alleged influence of wife's powerful family and HRC took cognigance of the Email complaint and the Commission thought fit / was constrained to invoke the provisions of S. 13 of the Protection of Human Rights Act, 1993. Pursuant to the directions of the Commission, requisite reports has been received and considered by the Human Rights Commission on 09.02.2012 in matrimonial matters and further when it directed to obtain complainant's comments on the report within six weeks. This matter quoted here for publoic consumption could not be more recent than this which I am quoting for your legal education here on pressing human rights commission and or its members whom you say have no business in matrimonial matters.

 

 

Hence, kindly restrain talking rubbish if you donot know when and how NHRC can be pressed into service in "MATRIMONIAL MATTERS" and there are catena of cases where cognigance of Human Rights Commission invoking its Commission's Jurisdictions in matrimonial cases have been taken for either gender of spouse(s).

 

 

Also if you are left with more doubts then ask me directly of Mr. Sanjay Bharadwaj's (a Delhi based Husband’s) case which was put before NHRC, Delhi and Delhi Police DCP apologized in writing on implicating him in  a false S. 498a / S. 406 IPC and offered damages of maximum Rs. 40,000/- to Mr. Sanjay Bharadwaj and his family. However this husband is not stopping there and the matter has not been compromised between Delhi Police and us and if you want more details of the Human Rights Commission involvement in a pure IPC based Matrimonial Case / Matter then just politely ask me I will give you the complete case file to study so that in future you do not misguide layman Authors here in a legal portal forum.

 

 

@ Author,

 

Yes, in matrimonial matters Human Rights Commission can take cognigance and or note of and may ask either spouse / side family to appear and/or seek report and give opportunity to respondent(s) and it is not that such matters are not handled by Human Rights Commission be it National level and or State level Human Rights Commissions.

 

Mr. Chandu is totally wrong in his reply and thus you need not listen to such rubbish from Advocate of 20 years standing who does not know that Human Rights Commission has been pressed to service (for rescue) by either gender spouse in 'matrimonial matters' in past and is being done in present too.





@ Mr. Admin / Mr. Mods.

 

In recent past you edited one of my postings. I mind that and put in a caveat that instead of putting your mind, body and soul to public forum message editing it is basic curtsey suggested to delete the full message to save your and replier’s grace.

2 Like

Nikhil (self)     11 April 2012

@ Mr Tajobindia,

So in my case the wife can still file a 498 case with the help of the state HRC members.I would be obliged if you would provide me with some documents which show the role of the HRC in matrimonial matters like mine.

Tajobsindia (Senior Partner )     11 April 2012

@ Author

 


Presumption is the Mother of all stuff-ups............

 


I shall not speak on behalf of your wife what she will do and or will not do today and or in future !
 



Since you asked documentary proofs on
Role of Human Rights Commission in matrimonial matters then who better than mother of India's DV Act (“Lawyers Collective” ) should speak and I am reproducing their publication document and link which you can read very well yourself and also Mr. Chandu, Advocate should also read such documents to update his legal knowledge instead of giving wrong replies here;



Incidentally
“Lawyers Collective” members are the people who brought PWDVA The Act 2005 to Parliament as private party lobbying and later they were asked by our Parliament to design the Rules for PWDVA The Act 2005 whose heat many of you husbands are facing today.
  


Here is reproduction of documentary printed matter as proof from Lawyers Collective website to your question;


“Cops harass victims of domestic violence”

 

 

There have been 35 complaints filed with the State Human Rights Commission against the police by women — victims of domestic abuse — for not entertaining their complaints and another 88 for harassing victims.

 

Domestic violence against women is increasing by 10 per cent every year in the state which ranks second in the country in recording cases under the Domestic Violence Act.

 

A study funded by the State Women’s Commission indicates that the legal system too is not very receptive towards victims of domestic violence.

 

The actual numbers might be as high as four times than those registered; as many cases of violence are referred to village elders, caste leaders, Women Self-Help Groups etc., say the sources.

 

In the last six months, 1,225 cases of domestic violence were registered with 45 police stations across the city. On an average, six cases under Section 498 A are registered every month, while the number at the four women’s police stations is 20. Also, an increasing number of women from the Old City are approaching the police. “The figure reached 240 cases at the Charminar Police Station and as many as 413 requests for counselling were registered,” read the report.

 

“There has been no survey of the total number of cases of domestic violence but if we take only the cases lodged with the police, the numbers are quite high.

 

Till date the maximum cases of violence have been reported for dowry and for giving birth to a girl child.

 

“However, the police authorities are not offering proper guidance to women, like giving crucial information regarding the action one can take under the Domestic Violence Act,” pointed out the secretary of AP Women’s Commission C. Sarala Rajyalakshmi

 


Link:

 

https://www.lawyerscollective.org/news/156-cops-harass-victims-of-domestic-violence.html


(Guest)

Chandu lal , Please advise in the forums in which girly advises are required ~~ I think that's the only area of your so called specialization ... By the way how much you scored in your High School ???  

Sudhir Kumar, Advocate (Advocate)     25 April 2014

Agreed with Mr Tajobsindia

Gautam Kapoor (IT professional Studying Law)     06 May 2014

some people agree when challenged since if they talk they will be shut abruptly.some in 20 years of standing only try to rake in the moolahs talking about nonesense.

off the topic though not totally

Mr.TajobsIndia - You having a plethora of knowledge.There are so many people suffering due to false malafide frivolous cases foisted on genuine families.Will you able to lead these fight.Money and support will pour in Sir.


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