HC sets aside divorce granted to man living at RSS office alleging wife was cruel towards him
Patna, Aug 26: The Patna High Court has set aside divorce granted by a lower court to a person who lived at the local "office of RSS", abandoning his wife whom he accused of "cruelty".
A Division Bench comprising Justice P B Bajanthri and Justice Jitendra Kumar, in the judgement passed earlier this month which was uploaded on Friday, allowed the petition of Nisha Gupta, who had challenged the order dated 07.10.2017 passed by the family court at Nalanda district.
The Bench was of the view that the divorce granted to her husband Uday Chand Gupta, to whom she got married in 1987 and bore two sons, was "not sustainable in the eye of the law" since the latter "failed to prove the ground of cruelty".
"There may have been ordinary wear and tear in the matrimonial life of the parties, but certainly no cruelty is found to have been committed by the appellant/wife towards the respondent/husband. In fact, cruelty appears to have been committed the other way round", the court remarked in a judgement that runs into 47 pages.
The court noted that the wife was "still living in her matrimonial house along with her children and it is her husband, who left the house and is living in the office of RSS".The court said there was "no cogent evidence" to prove the husband's charge that the wife used to issue threats of filing false criminal cases against him but "as per evidence" the respondent used to beat his wife when she opposed his illicit relationship and that their son, who had deposed as one of the witnesses, had confirmed that "his father used to beat his mother" and even gave her electric shocks.
Nonetheless, the court pointed out, "the wife has all along maintained that she wants to live with her husband and she has always welcomed him whenever he comes home and she has never refused cohabitation".
"It is the husband who had stopped taking interest in her and he is not making efforts for cohabitation because he has been living separately from her", added the court.
The court also underscored that as per the husband their marriage "started running into rough weather since 1999 but divorce petition was filed in 2008" and "it is not explained why the husband for nine years to file the divorce petition on the ground of cruelty".
Setting aside the judgement passed on the divorce petition, the court said "both parties shall bear their own costs" and directed the Registrar General to "circulate a copy of this judgement among all Presiding Officers of Family Courts and send a copy to the Director of Bihar Judicial Academy".
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Two arrested in K'taka for assaulting minors, uploading CSAM content
Bengaluru (PTI): Two men were arrested for allegedly sexually assaulting two minor girls, recording the acts on mobile phones and uploading the videos online as child sexual abuse material, police said on Thursday.
The accused have been identified as Kiran Kumar (29), hailing from Chitradurga district, and Aditya M K (20), hailing from Shivamogga district, they said.
A probe was initiated after information was received from the NCRP portal regarding a suspected instance of creation of Child Sexual Abuse Material (CSAM) for online dissemination, police said.
Accordingly, a case was registered at Kaggalipura Police Station under relevant sections of the IT Act on May 10, they added.
Investigation revealed that two minor girl victims were exploited and videos were created and uploaded to the internet. The child victims have subsequently recorded their statements as per procedure and further necessary legal steps have been taken, Pronab Mohanty Director General of Police, Cyber Command, said in a statement.
Based on the statements of the victims, the accused persons, who allegedly assaulted the minors, recorded the acts on mobile phones and uploaded the videos online, were arrested, he said.
Following the probe, sections 65(2) (rape) and 70 (gangrape) of the Bharatiya Nyaya Sanhita, along with relevant sections of the POCSO Act, have been added to the FIR, police said.
Officials collected relevant information and on May 12, arrested the accused persons and seized three mobile phones belonging to them, in which the videos had allegedly been recorded, he said.
The accused were later produced before the court and taken into police custody for further investigation, he added.
According to him, in CSAM cases, police usually apprehend offenders who have downloaded such content or have kept them in their possession after obtaining them from elsewhere, usually the internet.
"The present case is one of the very few instances where content creators and uploaders have been apprehended," Mohanty added.
