Legal advise required.

Dear Sir,

               I have Qery about income Tax, I am Eployed slaried individual.  For  cuurrent Ass. Year - 2012-13,ITO has sent me intimation  under SEc. 143(1)   increasing my income more than 20K  than what I filed in my return.. He is demanding  income tax & interest on this 20K.. I think that this extra 20 K may be of Infra. Bond saving.

I filled my returns by myself.

Please guide me what I shall do when I visit ITO for this intimation. Is there any format about application To ITO U/S 154

 Thanks inadvance,

                                                                                                                                   Yours faithfully

                                                                                                                       Arvind, Akola ( Maharashtra)

@ Pasha,

1. Muslim girls under 16 can marry with the permission of Shariat Authorities and 14 years for females with parental or judicial consent per code of your canon laws. If legal sanctity is needed then refer to June 2012 D HC Judgment of a case where a Muslim girl who was 15 years old had brief brush with matrimonail Laws and D HC treated her marriage to be valid marriage citing ‘her puberty’ as reasoning among other law points. I welcome such social relevence Judgments.

2. Muslim Marriage with Muslim woman and Nikkanama issued by Mufti is valid document of Registration of Muslim Marriage in India. Same is acceptable to Indian Passport Authorities. [Off the records, actually your personal Law Board has opposed compulsory Registration of Muslim Marriage hence unless your Law Board approves of State policies the "Nikkanama" will still be treated as valid certificate of document of a Muslim marriage in India.]


@ Arvind

Sir, transporting me from Family Law to IT Act in one and same post by two diverse facts created authors will be similar to metro wife's inflected gospel "mental cruelties" to me, hence, suggest to move your above post to appropriate Taxations Forum and there I may consider replying / attending to your query and if not then there are Experts there in that specific Forum too who may reply to your taxation related query.

@Tajobsindia,

Dear Sir,

Thank you very much for your reply.

so can i goahed to marry her at the age of 17 & half years & apply for spouse name addition with the help of Nikha nama in her passport without fear right?

I was worried a lot about spouse name addition in her passport because her passport belongs to minor catogery & passport authorities will not accept to include spouse name in her passport & they will reject it.

Regarding the marriage certificate by Registar,can i take my Nikhanama to Registar of marriages to get my marriage certificate as i need to appy for family visit visa or residence visa here at Kingdom of Saudi Arabia? I'm worried that Nikhanama will not accept by registar of marriage as she is minor & i read it that to registar marriage the girl should be 21 years.

Thanks once again & waiting for your reply at the earliest.

Regards,

PASHA

To your both questions remedy as follows;

1. Take Nikahnama to civil Court for declaratory decree which is a simple procedure and annex copy of D HC Judgment while applying for such declaration in civil Court. A junior level Advocate can do the purpose if he knows what is declaration decree.

2. Then apply for spare certified copies of Decree and annex certified copy for Passport and Registration of Marriage. I am aware State Amendments has not taken place nor Legislature has given special provisions under Muslim Laws to question raised by you as almost very small representation is there to change peculiar situation Muslims face when marriage with minors question is there as well as upon muslim divorcee with minor child custody and need for passport renewal or application is there. In former case Muslim women’s find difficult to get passport of their minor children (unmarried) post their divorce and for the same they seek declaration decree from Civil Court which I know is round and round procedure but in absence of clear cut legislative guidelines one has to follow what is current practice and procedure thus declaration decree procedure I am suggesting.

Your both purposes will get solved based on above legal sanctity but still in my opinion Nikahnama is valid marriage Certificate for both purposes but when queriest has doubt for whatever reasons then best is to clear the doubt via Court by following para 1 for that peace of mind.

Dear Sir,

Thanks once again for your suggestion,i know that Nikhanama is valid but the problen is she is Minor & i'm afraid to fulfill my needs like addition of spouse name in her passport & Marriage certificate by Registar,that they will reject it as per our government rules.

If she is completed 18 years then i'm not worrying about all the above thiongs,She minor that is my big headache other then that i don't have any problem.