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It is a Cruelty to call a husband an alcoholic, Womaniser without any proof : Bombay High Court

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The Bombay High Court has said defaming husband and calling him a womaniser and alcoholic without substantiating the allegations amount to cruelty, and upheld a family court order dissolving the marriage of a Pune-based couple.
A division bench of Justices Nitin Jamdar and Sharmila Deshmukh in its order passed on October 12 dismissed an appeal filed by a 50-year-old woman, challenging a November 2005 decree passed by a family court in Pune dissolving her marriage to a retired Army official.

The man died pending hearing of the high court appeal following which the court directed for his legal heir to be added as a respondent.

The woman in her appeal claimed her husband was a womaniser and alcoholic and due to these vices she was deprived of her conjugal rights.

The bench said the wife’s conduct in making unwarranted and false allegations against her husband’s character results in damage to his reputation in society and this amounts to cruelty.

The high court in its order noted that apart from her own statement, the woman has not produced any evidence to substantiate her allegations.

The man’s lawyer told the court that the petitioner woman had caused mental agony to her husband by making false and defamatory allegations against him.

The court referred to the husband’s deposition before the family court wherein he had claimed that the petitioner separated him from his children and grandchildren.

“It is a settled position in law that ‘cruelty’ can broadly be defined as a conduct that inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other,” the high court said.

The bench further noted that the petitioner’s husband was an ex-Army man who retired as a Major, belonged to the upper strata of society and had a standing in society.

“The conduct of the petitioner in making unwarranted, false and baseless allegations pertaining to the respondent’s character and labelling him as an alcoholic and womaniser has resulted in shredding his reputation in the society,” the high court said.

“Considering the above, we find that the conduct of the petitioner constitutes cruelty within the meaning of Section 13 (1) (i-a) of the Hindu Marriage Act,” the court said, adding it was a fit case for grant of divorce.

Crime

Fake social media account, Chat GPT used in Ketan Agarwal murder

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Pune, Sep 20: A fake account on social media platform Instagram, along with ChatGPT and murder films, was used by Siya Goyal and her co-accused in the alleged murder of her fiance Ketan Agarwal, reveals the charge sheet filed by the police in the sensational case.

The 5,053-page charge sheet, filed on Saturday, detailed the alleged conspiracy behind the death of the 26-year-old businessman at Lohagad Fort in Pune in June, NDTV reported.

Agarwal was allegedly pushed off the fort on June 18 by his fiancee Siya Goyal, who was assisted by her purported lover Chetan Chaudhary, and another accused, identified as Ritesh Hange. All three have been arrested by the police.

According to the charge sheet, the accused had initially discussed seriously injuring Agarwal and even explored the possibility of hiring someone from outside Maharashtra to carry out the attack.

Police claimed the plan was later dropped because they feared the hired assailant could expose the conspiracy or create problems for them. Investigators have mentioned that a person contacted during this stage has since become a witness, the media report said.

As per the charge sheet, the accused subsequently decided to kill Agarwal themselves and watched murder films and used ChatGPT for the purpose. They also listened to podcasts on how to avoid detection by police as part of their preparations.

Goyal and her co-accused also researched last year’s Meghalaya honeymoon murder case where Indore resident Raja Raghuvanshi was allegedly killed by his wife, Sonam, during the couple’s honeymoon in the state’s East Khasi Hills district.

Moreover, investigators stated that a fake Instagram account named ‘Mahi’ was created using the photograph of a woman known to the accused in order to “lure” Agarwal to the fort.

Subsequently, messages from the account encouraged the victim to visit the spot on June 18 for a surprise birthday plan for Goyal.

According to the chargesheet, the fake account was part of a plan devised by Ritesh Hange to bring Agarwal to the fort. The account was deleted after the incident.

Further, the charge sheet also revealed that the accused conducted a recce of locations around Lonavala before selecting Lohagad Fort.

According to investigators, Goyal and Chaudhary visited Tiger Point and other locations in search of an isolated spot.

Police said that Lohagad was eventually selected because of a death at the fort in March last year. The accused thought they could make Agarwal’s death appear like an accidental fall at the spot.

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Crime

Stall operator booked after two die of electrocution in Mumbai Lalbaug Ganesh pandal

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Mumbai, Sep 20: An FIR has been filed following a tragic electrocution incident near a Ganesh festival pandal in Mumbai Lalbaug area early on Sunday, which resulted in the deaths of two people, including an 8-year-old girl.

Two people, including an eight-year-old girl, died and four others were seriously injured after receiving electric shocks from a loose wire at a Pepsi-Cola stall near Aastha Hospital on Dattaram Lad Marg in Kalachowki, Mumbai, early Sunday.

Police have registered an FIR against nearby stall operator Kamal Shetty under Sections 106(1) and 125(b) of the Bharatiya Nyaya Sanhita, alleging negligence, and have begun an investigation.

According to information from the fire brigade, the incident occurred at around 2 a.m. on Sunday when devotees were present near the pandal.

Two boys and three girls, aged between 8 and 20, reportedly came into contact with the electrical current and suffered burn injuries.

Following the incident, all five victims were rushed to Masina Hospital in Byculla for treatment. Doctors declared the 8-year-old girl Raghni Ghanshyam Yadav dead upon arrival.

Meanwhile, a second victim, a woman who was admitted to Global Hospital in Parel, later succumbed to her injuries. Her identity was yet to be ascertained.

Kiran Akbar Naik, 19, Tanvi Narsh Hande, 19, Sahil Sandip Tare, 19, and Ruhi Singh, 12, were undergoing treatment for injuries sustained in the incident.

Among the injured, one girl was reportedly in critical condition and was shifted to Global Hospital in Parel for further treatment. The remaining three injured victims are undergoing treatment at Masina Hospital and have been admitted to the intensive care unit (ICU), where their condition remains serious.

According to the FIR filed at Kalachowki Police Station, the wire allegedly came into contact with the girl, Raghni, and others nearby.

The girl was declared dead at Masina Hospital, while another woman, identified as 33-year-old Sujata Thorati, died at Global Hospital. Four injured persons were admitted for treatment.

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Maharashtra

17-year-old among three killed in Mumbai high-end car accident (Lead)

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Mumbai, Sep 20: A 17-year-old was among the three people who were killed in a serious accident involving a high-end car on the Mumbai Coastal Road early on Sunday, officials said.

Another person is critically injured and is currently receiving treatment.

According to information received from the Coastal Road Control Room, the accident occurred at around 5.20 a.m. near Lotus Jetty, opposite Lala College.

The car was travelling from Marine Drive towards Haji Ali when the driver allegedly lost control of the vehicle due to overspeeding.

The speeding vehicle crashed onto the Coastal Road and hit a boundary wall. It fell off the bridge into an area where construction work was underway.

The severity of the accident was evident from the extent of the damage to the car.

The vehicle tore off through the signboard hanging from the bridge. The roof of the car was pushed inwards, the windshield was shattered, and the bonnet was completely destroyed.

Following the accident, all four occupants of the car were rushed to Nair Hospital, where emergency medical teams assessed their condition.

According to an update issued by the Chief Medical Officer (CMO) of Nair Hospital at around 8.40 a.m., three of the occupants were declared brought dead by doctors.

Two of the deceased have been identified as 21-year-old Shanay Gajjal and 17-year-old Dhirya Seth. The identity of the third deceased is yet to be ascertained.

The injured has been identified as 23-year-old Aditya Oswal.

Speaking about the incident to media, Senior Police Inspector Meena Jagtap said: “At around 5:20 a.m., a black BMW was travelling from Marine Drive towards Haji Ali in the northbound direction when it fell from the Coastal Road. There were four people in the car. Three people died, while Aditya is currently at Nair Hospital.”

She said that it is yet to be ascertained whether the occupants of the car were in an intoxicated state when the accident occurred.

Police are investigating the case.

Further details are awaited.

On September 3, several people were booked after Mumbai Police took cognisance of a viral video showing luxury and high-performance cars speeding and racing dangerously inside the Marine Drive-Southbound Coastal Road tunnel.

Meanwhile, earlier this week, three people were critically injured after a speeding off-road SUV (Sport Utility Vehicle) hit them near PKC Hospital in Vashi, Navi Mumbai.

The driver fled the spot after the crash instead of helping the injured.

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