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PANKAJ MISHRA   26 January 2013 at 15:37

Anita tambe vs state of maharashtra 2007

Please give me a copy of judgement of this case.

shilpasashindran   26 January 2013 at 04:27

Conversion to christianity

I would like to know about the legal procedures that are required for a person to convert from hindu to christain . i have read an article stating that for a person to convert to christainity a 30 days advance notice is to be given to the civil magistrate as per the Indian State Hingh Court law.As i would like to convert to christianity i would like to know about the legal aspects

Ricky   25 January 2013 at 19:43

Divorce

My close friend who is Sub Inspector in Police had married in the year 2005 under Special Marriage Act, 1954 and had obtain the marriage certificate after appropriate registration. In his marriage life, unfortunately he and his wife could not have any child with unknown reason. The couple had consulted the Gynecologist also. But there's no sign of Gynecological problem from both of them according to the Gynecologist findings.

On 24th Dec 2012 night, my friend wife in the absence of her husband (my friend’s) was influence herself with an intoxicating drink. And when her husband (my Friend’s) return home late at night after his routine duty was over, his wife had violently disrupt upon him, shouted upon him just because he came home late at night, and alleging him to have some dirty unconditional affairs with the street girl or call girl. Besides this, she had also threatened him to kill by way of food poisoning.

Truly speaking, my friend's on that particular night, he does nothing to hurt her wife physically, psychologically or mentally. He came home from his place of work as usual; he never used to drink, (HENCE HE WAS NOT DRUNK ATALL). After a heated debate with his wife, my friend's relative who was at their neighbor, they had called his wife father and mother who were in the same city. They came into their residence after a while and they had witness everything that their daughter was completely drunk and could hardly take care of herself. And a couples of hour later, my friend's had simply told his wife just to stay away for someday (to live with her parents and to take parental counseling) till she realize her cruelty upon her own beloved husband. And she left her matrimonial residence with her parents that night.

But mysteriously, his father-in-law on the next day morning with his daughter (My friend’s wife) had come back and he insists him to take back his wife and to allow her to live their matrimonial residence without any hesitation and without any problem. My friend’s denied and he did not allow her to enter. Later, on the same day, his wife and her father’s had again called him on his cell phone and they had informed him that they would like to settle everything appropriately and they would like to go for divorce. In response to them over mobile phone conversation, my friend’s had told them that he did not think about of getting divorce and separation, he told them that he just would like to teach his wife a lesson, he just want her to stay at her parent’s home for sometime and to get some parental counseling. But his wife, with her parent’s they insisted him to settle everything and to get divorce through appropriate court of law. They had also asked him to immediately consult with his parent’s in this issue and to take immediate action.

My poor helpless friend’s after consulting with his mother’s and other’s family elders. They decided to approach the Court for divorce. And they had also informed ‘wife and her parent’s’ about their intention for filling of divorce case.

But wife and her parent’s take U-Turn, they again refused for divorce saying they won’t consider and they won’t accept the divorce.

Please kindly advice and gives us suggestion how to take a legal step towards this issue.


With warm regards,

yawar   25 January 2013 at 17:13

Marriage

DEAR SIR,
I AM MARRIED MUSLIM MALE. I WANT TO MARRY A DIVORCED MUSLIM GIRL. I DON'T KNOW THE PROCEDURE. PLEASE GUIDE ME WHEATER I SHOULD GO FOR COURT MARRIAGE OR MUSLIM NIKAH.
PLEASE GUIDE ME & TELL ME THE PROCEDURE.
MAIL ID :- meerauro@hotmail.com

Tushar Shedge   25 January 2013 at 16:45

Adultery


1. This case is regarding exogamic relationship between a Hindu man and a Christian woman, both in their late 20s, named Shekhar (hereinafter called as a “Respondent”) and Liza (hereinafter called as “Appellant”) Respectively.
2. Although the parents of both the sides have endeavored to prevent the marriage, nonetheless the duo managed to Elope with the help of some mutual friends and got married at a small church headed by a young and very amicable priest.
3. Unlike most of the inter cast marriages the relation with their parents remained resentful, even after having three kids. The kids are studying in a church on Scholarship with the help of same priest.
4. The acrimonious relation had reached its Zenith, when they found that they were cut off from inheritance after their parent’s death.
5. They underwent many adversities with the trivial income of Rs. 6000/- per month, but eventually the couple managed to save enough money to buy a small one bedroom flat. (earlier they were living in rented house for long time)
6. The problems were started arising when they shifted to the new flat. The greatest catastrophe has befallen on them when appellant come to know about the extramarital affair that developed between Respondent with one of their neighbors which was a false allegation from Appellant’s side.
7. Thereafter Appellant secluded herself and started living in a monastery. Respondent tried hard to get her back but she remained unforgiving despite the importunities and monthly financial aid of Rs. 1000/- by Respondent.
8. Without having proof of adulterous Relationship of the Respondent, Appellant is claiming Divorce, permanent alimony and sole right to stay in matrimonial home.
9. Respondent is against the Appellant’s claim for divorce because their marriage is still very much alive for him and he is ready to continue their marriage.

please tell me the Cases decided by SC on Behalf of respondent's side

Member (Account Deleted)   25 January 2013 at 16:17

Advice

Dear Sir,
I Shashi like to know that my wife is employed till now at private company it is proved at court, but suddenly she gave resignation during the time of evidence.
I want to know that why she gave resignation suddenly, so that she can claim maintenance from me.

Riyaz   24 January 2013 at 23:21

She married without my divorce

Hi sir help me pls. She married without my divorce as she filed 498a and 125crpc on me present i am suspended from my duties arguments in 125 completed expecting maintenence on me after judgement. as a muslim how to proove her remarrige without my divorce I cant able to produce nikha nama her just have photo only pls sugest me.

Anjana   24 January 2013 at 23:07

Obtained ex parte divorce by playing fraud upon the court

one of my friend husband took exparte divorce by playing fraud upon the court .By putting false allegation that the marriage is not consummated that his wife did not agreed for that .After 8 months wife contested the exparte divorce and was set aside saying it was false and also she did not know he filed divorce on her, though one side he is in touch with mails with her. she was waiting with blind hope that her husband will send the visa papers soon after the marriage .Later she filed 498a after one and half year by losing trust on him .
She says he left to foreign with in 21
days of marriage by saying that he will send visa papers and from there there is no proper response and later he saw him in court after 2 and half years when exparte divorce was set aside .

Later her husband went to appeal to high court .Even high court declared the same lower court order. the order sated that he filed exparte evidence when he was in 498 a offence for jail and his presence was created as if he was in court. so in that ground the court declared he played fraud upon the court.

Now here my questions are:

1 . Husband filed divorce when he was in foreign by sending the divorce papers in courier to his lawyer .The lawyer managed husband signs and even attestation done by other lawyer stating he was present before him and signed by putting particular filing date and filed the the petition as in person.

so basing on dates the husband presence shows he was in foreign.

and even at the time of exparte evidence he was in 498a custody in the same way his presence shows in court basing on this wife file I.A 340 crpc application.

Is this presenting the documents in court comes under wrong evidence, forgery and inperson?. Because on that ground itself court said fraud and exparte decree was setaside.

2 she filed case on the husband lawyer also for giving misrepresentation when husband was jail for chief evidence and how the filing was done in court at time of filing the petition as inperson on same date and time when he was out side the country

for this now the lawyer says he was not all lawyer for her husband because though he filed vakaltha the court did not permit to do even GL number.

But in exparte order copy the court mentioned the name of advocate saying decree was granted by hearing the contents of so and so petitioners advocate the petitioner filed chief evidence and treating it has chief witness one.



3 Now main petition is running.How wife can prove marriage is consummated?. The consummation was done in hotel and in hotel register only husband sign is there.


4. If the divorce petition is dismissed on fraud grounds and intentionally he took divorce by cheating the wife to bypass the criminal offence . Does 498a and domestic violence will be stronger?Basing on this can she get her dowry back which was given on demand.

Anjana   24 January 2013 at 22:33

Divorce

one of my friend husband took exparte divorce by playing fraud upon the court .By putting false allegation that the marriage is not consummated that his wife did not agreed for that .After 8 months wife contested the exparte divorce and was set aside saying it was false and also she did not know he filed divorce on her, though one side he is in touch with mails with her. she was waiting with blind hope that her husband will send the visa papers soon after the marriage .Later she filed 498a after one and half year by losing trust on him .
She says he left to foreign with in 21
days of marriage by saying that he will send visa papers and from there there is no proper response and later he saw him in court after 2 and half years when exparte divorce was set aside .

Later her husband went to appeal to high court .Even high court declared the same lower court order. the order sated that he filed exparte evidence when he was in 498 a offence for jail and his presence was created as if he was in court. so in that ground the court declared he played fraud upon the court.

Now here my questions are:
1 . Husband filed divorce when he was in foreign by sending the divorce papers in courier to his lawyer .The lawyer managed husband signs and even attestation done by other lawyer stating he was present before him and signed by putting particular filing date and filed the the petition as in person.

so basing on dates the husband presence shows he was in foreign.

and even at the time of exparte evidence he was in 498a custody in the same way his presence shows in court basing on this wife file I.A 340 crpc application.

Is this presenting the documents in court comes under wrong evidence, forgery and inperson?. Because on that ground itself court said fraud and exparte decree was setaside.

2 she filed case on the husband lawyer also for giving misrepresentation when husband was jail for chief evidence and how the filing was done in court at time of filing the petition as inperson on same date and time when he was out side the country

for this now the lawyer says he was not all lawyer for her husband because though he filed vakaltha the court did not permit to do even GL number.

But in exparte order copy the court mentioned the name of advocate saying decree was granted by hearing the contents of so and so petitioners advocate the petitioner filed chief evidence and treating it has chief witness one.



3 Now main petition is running.How wife can prove marraige is consumated?. The consummation was done in hotel and in hotel register only husband sign is there.


4. If the divorce petition is dismissed on fraud grounds and intentionally he took divorce by cheating the wife to bypass the criminal offence . Does 498a and domestic violence will be stronger? Basing on this can she get her dowry back which was given on demand.