MARRIAGE

Conversion for the purpose of marriage- Is it valid

Query : i am hindu.iwant to marriage with my cousin brother<mama ka ladka>.i know

icannot marry him according to hindu marriage act.but i cannot live without

him.please tell me the other legal way of marrying with him.is there any chance of

marriage with him according to muslim marriage act.please tell me me what i have to

do.please please help me.please tell me the whole procedure of marrying with him

according to muslim marriage act.please help me.

 

Reply: To get married under Muslim Law, you both have to convert to the Muslim religion. But many courts and even the Supreme Court of India have held that conversion for the sake of some convenience like getting married, to get over the difficulties posed in the parties’ original religion is totally void. So when the conversion itself is void the marriage celebrated after such conversion will also be void. 

Divorce/ Restitution of conjugal rights

Query : I'm the respondent& husband has filed petition for divorce,he took my consent fraudulently by suppressing facts as his partnership with his unmarried brother,he did not want child from marriage& his married sisters daily stay& interf erence in his home causing various cruel acts on me& they laid down conditions for me so He himself deserted me& never responded to my calls.our marriage was consummated wherein he used condom.i said abovethings in cross but his lawyer put the word into my mouth that of his sexual problem then what're chances of dismissal of his case& granting of resti of conjugal right?

 

Reply: At any time before the order is pronounced not later than 18 months from the date of the petition you can file an affidavit withdrawing your consent. If you withdraw your consent the divorce case will automatically be dismissed. Later you can file a petition for restitution of conjugal rights.

Father’s second wife-rights (Christian)

 

Query : Dear sir, i have a family problem.my Dad aged 68yrs was staying away from

the home for the reason of a failure in setting up a mango pulp unit in my place.he

got some financial problems and lost all the properties and he went away and not

seen for past 15yrs.recently we found him and he is staying with a women and saying

that he married her.here we means my self 36yrs and my elder brother 37yrs and my

Mom 65yrs are shocked with this.so we want him back.how?he is an ex service man.now

she(other women) is saying that she wont leave and she is saying that i am also his

wife. This we wont accept. We have all the evidence of my family.pls suggest me to

solve this problem ASAP. 

 

Reply: Since you are a Christian, the marriage records or your parents will be safe in the church or in the office of the Registrar. Therefore there is nothing to worry, your father second wife or concubine or whatever you call her will have no legal right on your property nor she can claim any pensionary benefits from the Government. But if your father has got any property in his name there is a danger that he might write a will or even write a gift in favour of this second lady. 

Dowry Harassment / Domestic violence

Query :I would like to understand and have some basic guidance on how to proceed against

domestic violence.

My husband and his family have been repeatedly harassing me for dowry.

I am pregnant and still they keep on hitting me. I am scared that they may kill me

one day for dowry.

 

Reply: You can file a criminal case under 498A IPC and under the provisions of “Protection of women from Domestic Violence Act” against all those who harass you on the ground of dowry or physically ill-treat you.

Divorce in Foreign Country

Query : My brother married his wife in India 4 years ago. She has been in the UK now

for 3 years. My brother has previously had mental health problems which resurfaced

last year and he has been in and out of hospital for over a year. His wife wants to

divorce him and return to India. If he agrees to a divorce filed in this country-

will this be valid in India? or will he have to undergo divorce proceedings in India

as well? there are no children and no assets to divide as my brother has never

worked and the only assets are in my fathers and mothers name.

 

Reply: If the parties are residents of that country, and they last lived together in that country and grounds on which they seek divorce is recognized under Indian law and it is not obtained by fraud practiced by either party, then the decree of divorce passed by the foreign court is valid. They need not undergo divorce proceeding in India.

 

Divorce on Mutual Grounds - Waiting Period

Query : V have filed for mutual divorce in January as v hv ben living separately frm

last one yr but however the first hearing frm d court is after six months I.e in

July  . Though d first petition has been filed . I wanted to know is it possible to

prepone the date of first hearing I.e prior to six months by filing an exemption fr

six months if both the parties agree. So. That v cn hv d hearing in one month to

avoid delaying d case fr a long time. Can dis b done? Wat is the possible solution

to prevent delaying of case ??

Reply: Six to 18 months are the mandatory period during which the court is prohibited from passing a decree of divorce on mutual grounds. It cannot be advanced to an earlier date.

Restitution of Conjugal Rights – Power of Attorney

Query: I currently reside in US. Can I file for restitution of conjugal rights in India by giving a power of attorney to my mother? 

Reply: There is no bar either under Family Courts Act or under Civil Procedure Code to file a petition in the Court by a power of attorney. But in consistent with the nature and object of the Family Courts Act, some High Courts have framed rules insisting upon the personal appearance of the parties. In September 2008 in CM(M) 1030 of 2008 Delhi High Court hasr uled as follows: "Where the parties are living far away from the jurisdiction of the Court competent to dissolve the marriage, the parties after filing their affidavits can appoint attorneys to act on their behalf. Attorney is competent to act on behalf of the principal on the basis of power of attorney executed by the principal. The Courts have been allowing attorneys to file the petition, to withdraw the petition, to carry on proceedings in the Court on behalf of their principal in all other cases. The attorney can also act in matrimonial cases as per instructions of their principle. The Court can take necessary precautions to prevent frauds being perpetuated on it but unless the Court smells some kind of fraud being played with it, the Court should normally recognize the act of the attorneys." Under Family Courts Act, the Court has the power to formulate its own procedures. In your case since you intend to file a petition seeking restitution of conjugal rights, most probably, relying on the decision cited above, the Family Court in your place may allow the petition to be filed by your power of attorney. But if the court insists upon your personal appearance then, you may have to appear in person. 

Marrying a foreign girlfriend

Query: Im an indian residing in chennai.my gf is a philipino.she is a citizen of the philipines.we both have been in love for 3 years now through the internet.we chat and call each other daily.i wana knw abt how i can get her to india and mary her.can u plz send me the complete formalities abt how to get my girl friend to india and marry her here.

Divorce-Last resort

Query: I got married on jun\'09. i lived with my wife happily. now she is 7 months preganent. my father-in-law, seperated her from me and take her to home due to some mis-understanding b/w our parents. He is not allowing me to see and talk to her. my wife doesn\'t want to leave her parents. i want to live with my child*. My father-in-law family already hurt me several times in several occasions. Is divorce is the only way or is there any other way available. 

Reply: First try for conciliation through elders of both sides and try to sort out the differences between you and you parents-in-law and your wife. If it fails then you can file a petition against your wife for the restitution of conjugal rights before the family court of your district. Conjugal rights include moral and physical company by living with you. Even after getting an order for restitution of conjugal rights, if your wife refuses to come and live with you then you can think of divorce.

LOVE MARRIAGE - Registration

Query: Me and my lover want to marry secretely by court marriage. What is the procedure for court marriage? Can we keep our marriage confidential for some time? What will be the expences of court marriage? Query 2: i want to ask that, does any information will be send to our homes by the court, if we do court marriage?

Reply: You both can get married under Hindu Marriage Act or under Special Marriage Act 1954. You have to approach the Registrar of marriages (usually the District Registrar who registers the documents will be the Registrar of marriages) and give an application to him for getting married. This application may be given to the Registrar of the district where either one of you live. The Registrar will publish this notice in the office notice board for a period of 30 days. This notice will not be sent to any of your homes. After the expiry of this 30 days notice, your marriage will be solomnised. The expenses will be nominal, say within Rs.50 (depending upon the state rules). 

CIVIL MARRIAGE (COURT MARRIAGE!)- Complaint by parents

 

Query: what r the legal obligations and formalties to perform for a valid court marriage in case of inter-cast marriage is there any rule to publish the marriage notice in national news paper my and her parents both are not in favour of the same so what can they do to oppose us if we both are adult i heard that after filling the form of marriage it will take 30 days to became valid. so sir if any FIR launched in my name or my parents name in concerned to this matter what the local police can do because her family has very strong background in adminstrative services of india.

Reply: There is no such thing as court marriage. You can celebrate your marriage before Registrar of marriages in your place of residence, under Hindu Marriage Act. You both should appear before the registrar and give the application. It will be published the in the notice board of the Registrar (the photos of you two will also be displayed) calling for objections if any. After 30 days your marriage will be celebrated. If both of you are in marriageable age, merely on the basis of caste nobody, including the parents can raise any objection. No police will register an FIR for an inter caste marriage. At the most the parents of the bride may lodge a complaint that you have kidnapped the girl and keeping her against her will. But if the bride gives a statement that she is willingly has gone with you, no police action will be taken and no court also will take cognizance of it.

WILL

Query: Is an executor really necessary? 

Reply: There is absolutely no necessity to name or appoint an executor while writing a will.

Query: my mother in law has her own property in xxxxx i mean made from her own income i want to know whether i have any right on her property being her daughter in law? she is not keeping well and we are quite far from her my sis in law and her husband are taking care but they doesnt like me and so not happy with my husband as well so my mother in law strongly wanted to give property to my husband but since my husband is quite simple and selfmade he just said in words no mom keep it for u nad all. but nothing is in written my husband feeling shy to say anything about property but few days back we got some mails saying that sis in law was asking for view on property to some lawyer my mother in law is just counting days and i also have 1 unmarried sis in law im afraid this people r doing something without her knowledge what can my husband do legally on this matter? 

Reply:In the property of your mother-in-law, your husband has got a share, provided she did not will away her property to anybody else. If you apprehend that some others may use the old age and her terminal illness of your mother-in-law get a will executed in their favour, your husband can give a public notice in the prominent news papers where your mother-in-law lives, about the condition of his mother and warn everybody not to misuse her illness and old age. He can also give a legal notice to the District Registrar, not to register any will executed by his mother without his knowledge. Your husband can also get a medical certificate about the condition of his mother.

SERVICE

Gratuity-Required Service

Query: I worked in a Limited Company for 10 days less than 5 years. Is there any way through which I claim get my gratuity 

Reply: If an employee completed his 4 years in service and have completed 240 days in the 5th year then he is entitled for 5 years gratuity.

MANAGING DIRECTOR- Responsibility

Query: I was the Managing Director of a BPO company. Besides me there are four Directors. The company was registered under company\'s Act. For want of Projects the company incurred a loss and the investors (friends who invested money)demanding money from me. I was able to settle to an extent from the sources of mine ie about more than forty percent. Still I am being troubled by the investors. I would like to know whether the company is responsible or myself as MD is responsible. 

Reply: You might have been advised to submit your Memo & Articles of association. But so far we have not received the same. Yet we give the following advice to you: Since you are a registered company, it is the company that is responsible to the investors. Individual Directors are not personally liable to them including the MD. Still it is not clear as how you have accepted the investment from the public. Was it through the issue of shares or debentures? Or was it by way of hand loan - giving receipt? If it is the latter one, we are afraid that you will be individually liable to pay them back. Otherwise, if it is by the former way, you can be rest assured that neither you nor any of the directors will be individually liable to the investors.

Guardian

Query: i belong to muslim community.our arbitation and reconcilation board has given ex.party decision in favour of my wife along with child custody.my son is 8years old.my ex.wife recently got married and admitted to him in boarding school without my knowledge and iam not be able to meet him as per order delivered at the time of giving custody.what shouid i do to get custody as per muslim laws in india.

Reply: You can approach the District Court seeking for appointment of guardian to your child irrespective of the order passed by the board. Especially in your case, since your ex wife has remarried you have a fair chance to succeed.

NAME / CASTE CHANGE

my name is xxxx xxxx. i belong to OBC caste. but my surname does not belong to it. my parents enroll this name in my childhood. i am denied OBC caste certificate because of this from tehsil.

Ans: If your parents are alive, any one of them, if not any senior member of your family can give an application to the District Deputy Collector through the office of the Tahsildar with necessary documentary evidence like Copy of the Primary or Secondary School Leaving Certificate.
Copy of the extract of the Register for Primary or Secondary School, where the person was last studying, notifying his Religion or Caste.
If the person is in Government Service, then copy of service record to be provided.
Copy of Primary or Secondary School Leaving Certificate or the Birth or Death Certificate of the Father.
Copy of the Caste Certificate of the Father/Uncle/Cousin Brother or Sister/other elderly family members or copy of their Birth Certificate. Or if any of above persons are in Government service then, their service record notifying their Religion/Caste.
Copy of Ration Card as Proof of Residence.
A letter from the Registered Society of the Caste, if any.