Forum Replies Created
-
Posts
-
NIt depends, did you have a religious wedding ceremony or was it a registered marriage in US? Are you both Hindu?
If you had religious wedding ceremonies then you can get divorced in india by mutually agreeing to the jurisdiction here. You can prove the marriage by showing wedding photos that show that you married under Hindu marriage act. Even in this case itās necessary that both parties consent to jurisdiction of the Indian court as even if one of you challenges the jurisdiction then the divorce cannot be granted.
If you had a simple registered marriage abroad without any religious ceremony then you canāt get divorced in india as your marriage isnāt recognised under Indian marriage laws.NDid you recently quit your job there ? Most employers pay salary on or around 7-10th of the next month so this is the salary for January. Or maybe it could be your last yearās bonus. You should inform them and return the money if itās not owed to you as it will become big hassle during accounting. As someone else said, it would be considered as dual employment and you will be stuck giving explanation to IT and even your previous employer as they will find out sooner or later and ask you why you never returned the money.NThis Madhya Pradesh judgment of Sarika Sen is totally perverse and legally incorrect. The judge has incorrectly relied upon a judgement of Mohd Salim Vs Shamsuddin wherein the facts are totally different as that was a pure case of marriage under Muslim laws and not under special marriage act , but the petitioner in this case (Sarika Sen) got married under special marriage act. If she appeals to Supreme Court it will easily get reversed but itās sad to see no news on this case after this terribly wrong judgment.States that UP, MP and Gujarat have gone from bad to worse when it comes to freedom of religion and inter faith marriage. So many of them have enacted this rubbish anti conversion laws wherein they unnecessarily arrest couples on mere suspicion of conversion and then these couples have to prove in court that no conversion took place etc. Extremely disheartening to see this misuse and abuse of power by the courts, judges and especially police to dissuade inter faith marriages which are actually the need of the hour to end the communal divide we are currently facing.
NLawyer here and I have also had an inter faith Hindu Muslim marriage some years back. For getting married under special marriage act, you need to first give 30 days notice to the marriage registrar of your intention to marry. The jurisdiction lies at the office of registrar nearest to your residence of any one of you. You need to submit photos, address proof and ID proof. The witnesses are not required at this stage, you both just need to submit your documents along with a form. Speak to an agent to help you facilitate this process. The marriage date can be fixed after the expiry of this 30 day notice period but it must take place within 90 days, otherwise you need to give a fresh notice of intention. You will need 3 witnesses at the time of registration. They do allow more guests to attend the ceremony at the marriage registrar office and often the couples dress up in proper wedding attire. You will be expected to arrange for 2 garlands for the varmala ceremony and wedding rings and/or mangalsutra is optional.The problems you may face depends on which state you live in as certain states have passed anti conversion laws and are very strict to implement it. If your parents/ family members complain to the police then the police would readily take the FIR under the anti conversion laws in such states as there is a strong anti Muslim sentiment in many states. However the allegations can be debunked by showing that you got married under special marriage act which is a secular law and that no conversion took place. If something like this happens you will be required to hire a lawyer to protect your husband from arrest.
We live in such strange times and I donāt mean to scare you but there are so many fake cases filed by parents / families under these anti conversion laws nowadaysā¦as lawyers we read about these cases often where the court is required to quash the FIR. It would be better if you both move abroad or at least to a metropolitan city. Good luck and best wishes to you both !
NAsk the passport office if your dad can make an affidavit saying that his name is manoj Kumar Sharma ā¦ attach his ID proof and also mention that manoj Prasad Sharma was incorrectly mentioned as his name in your 10th std marksheet.
If this affidavit works it may save you the hassle and time that it will take to correct all your marksheets.NYou are talking about radicals confronting young girls and boys because of ālove jihadā which totally different from this. These are 2 old aunties with grown up kids being stopped from hanging out because one aunty has a matrimonial dispute with her husband. I practice divorce law and this stuff is super common.NIt really doesnāt seem so. The Muslim auntyās husband has no issue with that so why do these 2 random men care. The OP has mentioned itās related to the domestic dispute between the other aunty and her husband.NNo because itās the husbands obligation to maintain his wife. Fatherās obligation to maintain daughter ends once gets married under Hindu laws. This demand by husband is considered a dowry demand and is a punishable offence under the law.NI believe that a foreigner can marry and register under Hindu marriage act as long as you both are either Hindu/Buddhist / jain / Sikh and get married in a religious ceremony. It even says online on the application form that foreign nationals need to submit their passport as ID proof.NAre you sure you have approached the High Court for writ of habeas corpus? If nothing this happening in high court then approach the Supreme Court under Article 32 for habeas corpus. Thatās the only remedy.NFile an application for execution of the eviction decree. The court will send its bailiff with police to physically evict the tenant.NFor marriage registration under Hindu marriage act, you need to first get married in a Hindu/Buddhist ceremony. Then submit the application for registration along with proof of marriage (usually wedding photo , wedding invitation or temple certificate)NThatās actually how OP has positioned the story , but if you read carefully itās nothing to do with bringing bad name to any community and more to do with the fact that the Hindu lady and her kids have kicked her husband out of the house due to domestic abuse. Itās also mentioned that the Hindu husband is hell bent on troubling his wife and spoiling her reputation so these harassing men seem to be friends of the husband.NYou can use either passport or Aadhaar for marriage registration. Does the wedding invitation have your complete name? Your agent is clueless. Go to the concerned office personally to ensure the correct name is written on your marriage certificate. Or get another agent.
