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smitha (teacher)     11 July 2009

pl.advise me

hello pl help my sister,

my sister got married in 2005 june.before her marriage my brother in law (hindu)had  illegal relation with a muslim girl.he never cared my sister.my sister is a central govt employee which is 150 km away from him.my sister loves him a lot.she has a 18 month old daughter.when she was 6 month pregnant (nov 2007)he sent notice through a lawyer to join him.she got scared to stay with devilish mother in law and didnot respond.after her delivery, he sent court notice(mar2008) and my sister appeared in court with 1 month old baby.last june(2008) he eloped with the muslim girl and he has a daughter 4 months old.now.he withdrew the court case.daringly both r staying in his house.he says he had nikah naama and converted to islam.and says-i cant take any action on him.can we file a case .under what sections.her in laws tortured for her salary.how can we get the evidences.what evidences wil help to put him behind bars.we will struggle to get them.

i will be greatful to u all.



Learning

 6 Replies

saumit joshi (advocate)     11 July 2009

first of all you must obtain advice from good lawyer. your sister is lawful weded wife of his husband as per hindu marriage act. and without geting divorce he cant marry with another lady whether she was hindu or muslim. so pls contact with lawyer and take legal steps against him.

A V Vishal (Advocate)     11 July 2009

Smita,

Your sister can file a case of bigamy and adultery aginst your bro-in-law. Simentenously your sister can also file a case under domestic voilence. Take immediate steps since lot of time has passed and it will be difficult to produce witnesses and evidence if the matter is further prolonged.

Tarun Kalra LL.M, M.B.A (advocate)     11 July 2009

there are a lot of cases in which it is said that conversion to islam only with intention to marry is not a conversion, so he is still hindu as the conversion from hindu to muslim was just for marriage sake, there are a lot of cases in which it is said, so file a case against him for adultry and biagamy and criminal breach of trust, with domestic violence act.

Kiran Kumar (Lawyer)     12 July 2009

both Vishal and Tarun are correct.

 

one thing i must add...that his second marriage is null and void...after Shah Bano Begum's case, it has been categorically held that if the conversion has been made merely for entereing into another marital relation then such a marriage is null and void.

 

rest of the rights u may avail as advised by the ld. counsels.

krishan kuthiala (director)     12 July 2009

sir,

i want advice as i had entered into settlement with bank for my non performing asset in 2004 to be paid in one year. but due to a court case which was in the knowledge of the bank i could clear my account on 19\6\2006. no notice was served to me for the delay and i paid all the interest for the delay period and reqested the bank to release my property , but till date they have not released my property and nothing has been served on me. kindly advise how should i proceed with bank as more than three years have passed and i am sitting without any work.

thank you

krishan 

 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     15 July 2009

I do agree with Mr. Kiran Kumar.


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