Shoaib approaches Prabhakar's lawyer to fight case

Shoaib approaches Prabhakar's lawyer to fight case

April 05, 2010 12:00 IST

Pakistani cricketer Shoaib Malik , who has been accused by an Indian woman of marrying and dumping her without a formal divorce, has approached a criminal lawyer who had fought a case for former Indian all-rounder Manoj Prabhakar .

Shoaib has approached 60-year-old New Delhi-based lawyer Ramesh Gupta to fight his case.

Gupta, who has a chamber in New Delhi's Patiala House court complex, is a former chairman of the Bar Council of Delhi. Apart from being Prabhakar's lawyer, he has also appeared as the defence lawyer in high-profile cases like the BMW hit-and-run case and the Rahul Mahajan drug overdose case.

"I defended Prabhakar's case against his wife (Sandhya), which ultimately reached a compromise stage" The Nation quoted Gupta, as saying.

"I received a phone call from Shoaib Malik's brother-in-law (Imran Zafar) on Saturday and he is reaching here (in New Delhi) in the next 48 hours. The case will then be discussed," he added.

Gupta further said that at the moment he is not in a position to comment on the case.

"At this stage, when both parties (Ayesha Siddiqi and Shoaib Malik) are issuing contrasting statements, nothing can be said, but a compromise formula can always be worked out.

The Siddiqis claim that Malik married their daughter Ayesha in 2002, but has not divorced her till date.

The Hyderabad-based family had also produced pictures of Shoaib-Ayesha's nikahnama (marriage certificate) that states that their marriage was solemnised on June 3, 2002.

Malik, on the other hand, has denied being married to Ayesha. He, however, admitted to talking to a girl named Ayesha over the telephone, but said he has never seen or met the girl.

"Even if they did so, it is not a legal binding on my client's part. I have consulted a few Muslim priests and obtained documents from them which also substantiate our claims of the marriage being illegal," Gupta said.

Source: ANI

Source URL
http://sports.rediff.com/report/2010/apr/05/shoaib-approaches-prabhakars-lawyer-to-fight-case-against-ayesha.htm

Pakistan Cricketer Shoaib Malik charged with cruelty, cheating

News and comments : News in black, comments in brown

I.P.C. Section 498A has been used blindly against Indian men, to settle matrimonial scores.

Marriage disputes before, during and after marriage are civil disputes and they
have to be tried under a civil court. It has become a regular habit for women
and their families to invoke section 498A for every petty dispute in marriage

IPC 498A is now being used against Pakistani Cricketer Shoaib Malik. No inquiry, no court hearings....arrest or threat of arrest and impounding of passport under a NON - bailable offense awaits Shoaib Malik.

Shoaib will now learn that handling Indian Penal code section 498A is tougher than dodging Taliban bullets in his homeland !!

Shoaib charged with cruelty, cheating
TNN, Apr 5, 2010, 02.13am IST

HYDERABAD: The Shoaib Malik-Ayesha Siddiqui tangle turned murkier on Sunday with the latter slapping serious charges against the Pakistani cricketer with the police.

Acting on the complaint filed late in the afternoon, the Banjara Hills police registered cases against Malik under sections 498A (subjecting married woman to cruelty), 420 (cheating) and 506 (criminal intimidation) of the IPC. ( Shoaib has been claiming that he has been cheated and the very marriage was a sham. He has claimed that the woman he married was not the woman he saw on the photo, he never lived with Ayisha and the whole affair was a sham. Even according to Ayesha they never lived as man and wife in India. Now that woman files a case and the Hyderabad police is all over Shoaib, where is the jurisdiction ?

Whether the claims by Ayesha Siddiqui are false or true, that is up to a family
court or civil court to decide and give a judgment)

Police said Ayesha has alleged that Shoaib married her, then harassed her over petty issues and later denied the nikah ever took place. Now, the complaint says, Shoaib is trying to marry again without her consent. ( Muslims can marry upto four wifes. Sharia law in personal matters is a constitutional right in India and in Pakistan. Shoaib do NOT been Ayisha's permission to marry anyone !!)

Ayesha also alleged that Shoaib had offered her $1 million to keep the wedding under wraps and threatened to take her life in case she went to the media. (This is clear Ransom !!, this is how women make money in India today. Threat to suicide from Ayesha is a criminal threat. Marriage disputes before, during and after marriage are civil disputes.It is fascism if all marriage disputed are given a colour of criminal disputes and section 498a is invoked.) A copy of the nikahnama was attached to the complaint, which was signed by Ayesha and brought to the police by her father.

Two of the sections applied are non-cognizable offences which empower us to effect arrests. They are non-bailable too, a police official said. Officials of the west zone police told TOI they might question Shoaib. (IF Ayisha was harassed why wasn't the case filed all along ?. Did it take her four years ...well she has been waiting for the bait for long)

Hyderabad poilce commsioner A K Khan said Shoaib cant leave the city without permission. (The police have stopped catching terroritst.. they are behind upper middle class and rich men..that is where the catch is !! ) Imigration authorities have been told to keep a look-out for him.(Wow !! )

Legal experts said that by registering an FIR under section 498 A cruelty to a married woman by her husband or his relatives the police have accepted Ayeshas claim of being married to Malik.(The police are no one to accept a claim. The competent courts have do so. By the way what is wrong even if Shoaib is already married ? )

We are seeking legal opinion to see if the alleged offences were committed in India or abroad. (isn't that clear from the FIR ?? Mr. Inspector what is the jurisdiction? Shoaib and Ayesha know that they never lived as man and wife in India !) The marriage did not take place in India. (Wow !! ) We will have to figure out whether the provisions of IPC can be applied on Malik, a foreign citizen, additional commissioner of Hyderabad police Thirumal Rao said.(...just for the police's knowledge, IPC sections can be applied on foreigners IF the crime is supposed to be committed in India)

We are looking for some prima facie evidence that supports the allegations ofs the complainant, R R Girish Kumar, director general of Andhra Pradesh police, told TOI.

If we are able to secure some proof, his passport can also be seized (put the screws on the poor bastard ...only then would he cough up ). The Pakistan high commission needs to be informed only if we have to arrest Shoaib. But, as of now, all this is theoretical discussion, a senior police official said.

Meanwhile, it is learnt that the Siddiquis have hired a top notch lawyer, Mahmud Ali, to fight their cases. Among other clients, Mahmud Ali represents the interests of the Nizams trusts.

Sources said the state police were in a tizzy because of the impending high profile marriage of Shoaib with tennis star Sania Mirza. The consensus in the top circles was that they would have to tread carefully in the case but yet be seen to be acting fairly in the matter.


Source URL for news :
http://timesofindia.indiatimes.com/sports/events-tournaments/sania-shoaib-wedding/Shoaib-charged-with-cruelty-cheating/articleshow/5761251.cms

When bad bahu 'harasses' saas

TNN, Mar 8, 2010, 01.51am IST

MUMBAI: A magistrate’s court recently acquitted a man and his aged parents in a case of cruelty to wife under section 498-A of the Indian Penal Code. The court held that the young wife, who made these allegations of cruelty and harassment over dowry, could not substantiate them.

It was a routine trial for the lawyers, but for the mother-in-law charged of abuse and harassment, the acquittal was a vindication of sorts. The 62-year-old woman felt she had “come out of a nightmare’’. She is not alone, many others feel hurt and at the mercy of the legal process once their daughters-in-law or sisters-in-law initiate a criminal case against them under section 498-A.

National Crime Records Bureau (NCRB) says that between 2004 and 2007, 1.2 lakh women were arrested for an offence under section 498-A, the section many men find draconian, but which aims at preventing torture of helpless wives over dowry.

This Women’s Day, a group of women and men have come together as Mothers and Sisters of Husbands against Abuse of Law (MASHAAL) to protest the misuse of section 498-A. The group is part of a local NGO, Indian Family Foundation, which aims tackle the abuse of law.

“Are only wives women? What about the mothers and sisters of the husband? This is only a wife-centric law,’’ said Lata Mishra, an alleged victim. Her weekly dialysis treatment did not prevent her arrest when estranged daughter-in-law Arti charged her son Narayan and the rest of her family, including a mentally challenged daughter for cruelty and ill-treatment.

Although Lata and her daughter received bail the same day on medical grounds, her husband spent over 48 hours in jail and was suspended from work. “He is the sole bread winner. My daughter is paralysed and we thought of suicide often,’’ she said. But timely intervention from MASHAAL prevented the extreme step. “We realised that there are many like us and we kept fighting,’’ said Narayan, who began studying law.

The group has been meeting every Sunday for the last eight months and addressing grievances. The women allege that often, the law is abused by women seeking to “extort’’ money. While many admit that the law is a step in the right direction, its misuse is leading to “legal terrorism’’, said the group.

“In many cases, complaints are made on Friday to prevent bail,’’ said Minal Verma, whose daughter-in-law filed charges against the family four years ago.

Often, 498-A complaints are filed by the affluent and educated. But after a flurry of complaints about its misuse, the law is being applied with caution for the last few years, say police officers.

(Names changed to protect identity)

Source URL
http://timesofindia.indiatimes.com/articleshow/5655919.cms