Tag: Chhattisgarh HC

  • Not squeezing into mould as per husband’s desire no decisive factor for woman to lose child’s custody: Chhattisgarh HC

    By PTI

    BILASPUR: Quashing a family court’s order that granted custody of a child to the father, the Chhattisgarh High Court has observed that if a woman “does not squeeze into the mould” as per the desire of her husband, it does not become a decisive factor for her to lose the custody of their child.

    A division bench of Justices Goutam Bhaduri and Sanjay S Agarwal, while delivering the judgement in a case related to the custody of a 14-year-old boy, also said the character certificate by the society’s few members with “ostrich mindset” should not be allowed to decide the character of a woman.

    The judgement, which was passed on March 28, was uploaded on the high court’s website on Monday, according to which the custody of the child was granted to his mother, the woman’s lawyer Sunil Sahu said on Wednesday.

    The couple had got married in 2007 and their son was born in December the same year.

    They got divorce with mutual consent in 2013, following which the custody of the child was given to his mother, a resident of Mahasamund district, he said.

    “In 2014, the woman’s husband, who hails from Raipur district, filed an application in Mahasamund district family court seeking the custody of the child on the ground that the woman is in company of different male and used to travel along with other male member and her attire was not befitting to which would reflect that she had lost her chastity.

    The man also said, if the child is kept in her custody, there would be an ill effect on his mind,” Sahu said.

    The family court in 2016 had handed over the custody of the child to his father, he said.

    The woman then challenged the family court’s order citing it was passed only on the basis of presumption, which requires interference.

    Setting aside the family court’s order, the high court said, “…The evidence on behalf of father, it appears that the witnesses have stated according to their own opinion and thought. If the lady is required to do a job that too in the field for her livelihood, naturally she would be required to move from one place to other and only because of the fact that she is required to rub her shoulder with public at large or male i.e.to accompany them in the car, there cannot be an inference that she has lost her chastity.”

    “Only bald oral statement is made that she is addicted to consume liquor and smoke, etc. It is important to set a red line when the attack is made to assassinate the character of the lady. The statement of witnesses of plaintiff would show that they are largely influenced by attire of women as she wears jeans and T-shirt along with the fact that she is marching along with male members of society,” it said.

    We are afraid that if such ill-conceived exercise is given a spotlight, then to protect the right and freedom of women would be a long arduous battle.

    If the wife does not squeeze into the mould as per desire of husband, it would not be a decisive factor to lose custody of the child by her, the high court observed.

    “By attacking the character of the wife to impress upon that it would have an adverse impact on the mind of the child, the degree of nature of evidence should have been much more and severe to hold that continuous a kind of behaviour of wife would be detrimental to the interest of child.

    The character certificate by few of the society members, who might have ostrich mind set, should not be allowed to decide the character of a woman and to draw an inference while deciding the custody of the child that because of the behaviour of mother it would have an adverse impact on the mind of the child,” it said.

    The high court also granted visitation and contact rights to the father and issued directions in this regard.

  • Chhattisgarh HC quashes FIR against former bureaucrat Aman Singh, his wife in DA case

    By PTI

    BILASPUR: The Chhattisgarh High Court on Monday quashed the FIR registered against the state’s former principal secretary Aman Singh and his wife for allegedly amassing disproportionate assets observing that the registration of the case was the “abuse” of the process of law and that the allegations were prima facie based upon probabilities.

    A single bench of Justice Narendra Kumar Vyas passed the order after hearing the petitions filed by Singh and his wife, Yasmin Singh, challenging the FIR, their counsel Abhishek Sinha said.

    The case was registered in February 2020 against the Singhs under sections of the Prevention of Corruption Act, 1988 and 120 (B) (criminal conspiracy) of the Indian Penal Code based on a complaint lodged by Uchit Sharma.

    Sharma, who claims himself to be an RTI activist, is based in Raipur.

    The petitioners had challenged the FIR claiming that it contains baseless and immaterial allegations and deserves to be quashed.

    The petitioners had also submitted that the FIR is an abuse of police and State power, Sinha said.

    After hearing the arguments, the HC had reserved its order on October 4 last year.

    “The FIR has been registered based on the complaint made by one Uchit Sharma for the alleged disproportionate property against the petitioners and involvement of the petitioner (Aman Singh) in the various scam and money laundering, but the FIR does not speak about how the petitioner involved in the alleged scam as mentioned in the FIR.

    “It has also been stated in the FIR that the petitioner was working in various posts of profit and working as an influential person and the fact is not in dispute that the petitioner was on deputation and worked as Joint Secretary with the Government of Chhattisgarh, definitely he has posted in the office of Chief Minister of State, therefore, merely his working as Joint Secretary cannot be said to have been the commission of an offence under Section 13 (1)(b), 13 (2) of the Act, 1988 and Section 120B of IPC, thus, the registration of FIR is nothing but an abuse of process of law,” the high court’s order said.

    It said the FIR nowhere discloses commission of any offence with definite facts and figures.

    “It is not in dispute that truthfulness of allegation has to be examined on evidence, but at least it is incumbent on the part of the prosecution that the FIR should prima facie disclose the commission of an offence under Section 13 (1)(b) read with Section 13 (2) of the Prevention of Corruption Act, 1988 and Section 120B of IPC, but all the allegations levelled against the petitioner are prima facie based upon probabilities and based on probability any person cannot be prosecuted,” the bench said.

    Aman Singh, formerly an IRS (Indian Revenue Service) officer, had joined the Raman Singh government during its first tenure in 2004 on deputation.

    He resigned from the IRS in 2010 and continued to work with the state BJP government on a contractual basis.

    He was an influential bureaucrat during the 15-year Raman Singh rule in the state and served in various prominent capacities.

    His wife worked with Public Health Engineering (PHE) and Panchayat and Rural Development Department on a contractual basis from 2005 to 2018, the EOW had said.

    Aman Singh had resigned from service after Congress was elected to power following the 2018 assembly elections.