Mayank
16 August 2017 at 20:12
Matrubhumi is a federal democratic republic with Rule of Law, Independent Judiciary, Free Media and Vibrant Civil Society. The Constitutional and Legal System of Matrubhumi is identical to that of “Union of India”. Dakshina Ratna is one of the southern States under the Union of Matrubhumi, having its own Legislative Assembly.
One Mr. Subramanian Sharma, passed M.A.S. (Matrubhumi Administrative Service) examination conducted by M.P.S.C. (Matrubhumi Public Service Commission). After the mandatory training at the ‘Academy of Administration’, in January 2014, he was appointed as Sub Divisional Magistrate (Tahsildar) at Kanaka Puram, which is one of the largest cities of Dakshina Ratna. Subsequently, he married to one Ms. Latha Karve on 1 April, 2014 as per the requirements of Hindu Marriage Act, 1955.
One day, Mr. Subramanian Sharma accidently met with his old Muslim friend, Ms. Sultana Bhutto. They started meeting frequently thereafter. Their intimacy increased to such an extent that they fell in love with each other and they decided to get married. Mr. Subramanian Sharma then converted to Islam. Without divorcing his first Hindu wife, Mrs. Latha, he married Ms. Sultana Bhutto as per the Muslim Personal Law on 1 April, 2015. He did not seek a prior permission from the Government before contracting this second marriage as required under the Proviso (a) to Rule 19 (2) of the All Matrubumi Services (Conduct) Rules, 1968.
On 15 April, 2015, Mrs. Latha Sharma filed a criminal complaint with the police under Section 494 of the M.P.C. (Matrubhumi Penal Code) accusing her husband of bigamy. On the same day, she also informed about the second marriage contracted by her husband to the Government of Dakshaina Ratna and Government of Matrubhumi.
Subsequently, after a fair inquiry conducted by the Government, on 2 January, 2016, the Matrubhumi Government dismissed Mr. Subramanian Sharma from service, under Rule 19 (2) of the All Matrubumi Services (Conduct) Rules, 1968.
Mr. Subramanian Sharma then challenged the decision of the Government, to dismiss him, before the High Court of Rajdhani (Capital State of Matrubhumi). He challenged the validity of the order on the ground that it was Ultra Vires the
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Rule 19 and alternatively, he also challenged the Constitutional validity of the Rule 19 as violative of his freedom of religion under Article 25 of the Constitution of Matrubhumi. On behalf of Mr. Subramanian Sharma, it was argued that polygamy was an integral part of religion of Islam and it could be claimed as part of the freedom of religion.
The Government of Matrubhumi contended before the High Court that the second marriage contracted by the petitioner, after converting to Islam and without dissolving first marriage under Hindu Marriage Act, 1955, was a fraud played on the Muslim Personal Law, Hindu Marriage Act and Rule 19 of the All Matrubumi Services (Conduct) Rules, 1968. The Government argued that polygamy, although permitted by the Muslim Personal Law, is not an “essential religious practice” under Islam. The Government also argued that polygamy violates the fundamental right under Article 14 and 15 (1) of the Constitution of Matrubhumi. The petitioner Mr. Sharma counter-argued that un-codified Muslim Personal Law was immune from the application of fundamental rights under Articles 14 & 15 (1).
On 6 August, 2017, the High Court of Rajdhani upheld the dismissal of the petitioner from the Government service and also directed the Government of Matrubhumi to introduce, within a year, a bill to bring Uniform Civil Code, as mandated under Article 44 of the Constitution of Matrubhumi. The High Court also declared the practice of Polygamy, permitted under the Muslim Personal Law, as unconstitutional.
Mr. Subramanian Sharma (Appellant) filed an appeal against the decision of High Court of Rajdhani in the Supreme Court of Matrubhumi. The Government of Matrubhumi (Respondent) filed its reply in response to the Supreme Court’s notice. The matter is fixed for hearing and arguments on 3 September, 2017.
please help me with this moot problem as appllent and respondant .
Kalyan varma
16 August 2017 at 17:06
My wife filed maintenance case, 498A,DVC, conjugal rights, property share related case against me. The court ordered me to pay maintenance15000( 3petinoers , 3�5=15000) by 10th of every month . I filed a case in district court to decrease the maintenance. My wife also filed a case in district court to enchance the maintenance. The lower court ordered me to pay maintenance arrears 105000 by 30th august. I am a government employee. I am not in a position to pay 105000 . If I didn't pay maintenance, what happens?. How many days imprisonment for not paying maintenance arrears?As i am a government employee, what about my government job? I lost my job or not? My lawyer said that if I was imprisoned then maintenance arrears dismissed and no problem for government job as it is crp case not IPC case. Is it true?? Give me suggestions for me to face the situation.
venkatesh
16 August 2017 at 12:57
Hi i got married in april 28 2017 my age 25 but
My wife original age in marraige day is 20 but in ssc certifate age is 17 years and she adhaar date of birth is 20 years if this is any problem to make a marraige certificate in andhra pradesh
venkatesh
16 August 2017 at 12:54
Hi i got married in april 28 2017
My wife age in marraige day is 20 buf in ssc certifate is 17 and she adhaar date of birth is 20 years if this is any problem to make a marraige certificate in ap
sourabh
16 August 2017 at 12:22
Dear Sir
My wife has filed 498/dv to my family & 125 on me
We have got bail in 1st day itself to all family members
Till date case is pending in court & as on date no charges been filed
Also we have applied for 482 in high court for 498 quash, but we have got stay orders from high court
In 125 i court has finalized some interim maintenance & i have paid with due respect of court
all case are 6 months old
Now my question is now if wife wants to compromise with me & want to come back with me
What is the process to be followed by her & what safety precaution i should follow
Does she needs to go high court to take all her complaints back
Please suggest
Mohammad Abdul MAK
15 August 2017 at 19:47
Hello .My brother aged 35,lowIQ,(Private- matriculation passed),no occupation, depends on father's pension.We engaged him to a girl hailing from a poor background without any demands.Later they were regretting for engagement as per my brother's condition.We have confirmed engagement only after disclosing details of my brother(nothing was hidden).They even agreed .Engagement was performed at home .We gifted a dress ,Gold ring.They invited us for the dinner..Later the girl ran away from her home along with some boy without telling parents,entire village was searched for her.We were afraid of her behaviour .And they did not want to terminate engagement but waited to be done by us.Later we questioned about girl's activity,for which they denied.But due to some misunderstanding ,we called off the engagement performed.They too left home when we called off.We thought matter was over.We never asked to return for the dress,ring gifted to her.But after 4 months ,now they have come along with some political leader demanding some money for terminating engagement.I was surprised to see them at home,I offered them seat,later on after I said it was over,they said we want money for terminating engagement.The leader was rude to us saying that"Iam a leader you know? If u dont give money ,we will take legal action against you.".I strongly replied "Whoever you might be,I dont care .Show this cheap attitude to others.I dont entertain .Get away from here ,take whatever action you want to take."They left shoutingly from my place. Is it a problem for us now legally,If yes how to fight against that ?
Anonymous
15 August 2017 at 13:51
My wife failed maintenance case, 498A, DVC, conjugal rights , property share case against me . I am a government employee. My salary is 32000. The court ordered me to pay 15000( 3petioners, 3*5000=15000) every month by 10th. But I failed a case that I am not able to pay 15000 due my illness in district court. At the same time my wife also failed case for enchance ment of maintenance. Both cases are running in district court. In the mean time my wife failed a case as my husband not paying maintenance to me. The court issued ordered me to pay 105000 maintenance arrears by 30th august. If I deny to pay maintenance arrears what happens??. Suppose I was prisoned for not paying maintenance arrears, how many days? After completing prison , shall I continued in my government job or not? Whether I terminated from government service. Please help me what to do? My lawyer said if your prisoned also no problem for government job as it is crp case not a IPC case. Is it true???
Daniel Chennai
15 August 2017 at 00:16
Wife has filed a divorce case where she has mentioned all false statements and allegations under sworn affidavit. All these allegations are completely false and she can never prove it. Can husband file a perjury application under CRPC 340 read with IPC 209 denying wife's claims and mentioning that wife cannot prove anything as all allegations are false? Or is he required to prove that claims of wife are false and then only he can file perjury under IPC 209.
Second question is can husband pray to court to invoke IPC 209 in prayer of his WO. The case will be dismissed because wife cannot prove cruelty. So during judgement IPC 209 should automatically get invoked if it is in Prayer. Is it possible?
legaleagle
13 August 2017 at 18:47
Hi friends.
I want to know that is it essential and mandatory to mention SEPARATE PARAGRAPH STATING WHEN THE CAUSE OF ACTION AROSE OR JUST THE MATERIAL FACTS OF MARRIAGE AND INCIDENTS ARE ENOUGH IN SECTION 13 HMA PETITION.
THANKS IN ADVANCE.
REGARDS.
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Maintenance
Dear sir
Mohan here i am not paying maintenance from 1 year has i am unemployed my wife is going for a job from 2012 i have submitted here salary slips to court the court has ordered interm maintenance of4000 to my wife and my son the interm maintenance was order in 2013 i paid for two months and not paid for another one year she has miss guide the court has she is unemployed i have submitted the salary slip also court has not taken into grant and i have applied for divorce i got rcr expart orders from family court has my wife not attend the court my wife has booked 498A at also breport in police station please guide me what to do next i don't have single rs to pay maintenance i want to ask my mother for each and everything my mother gets rent i applied for job also unable to go for job has wife has put dv act cc maintenance pcr cases of my mother and want a share in my father property please guide me what to do next