Silentknight5594

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  • in reply to: Marriage under special marriage act, 1954 #18694
    Silentknight5594
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      Silentknight5594
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      April 8, 2025 at 8:05 pm
      No.

      in reply to: Marriage under special marriage act, 1954 #18689
      Silentknight5594
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        Silentknight5594
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        April 8, 2025 at 7:51 pm
        Under the Special Marriage Act, 1954, marriage is not allowed between people who fall within the “degrees of prohibited relationship” unless custom permits it. In your case, since the girl is the granddaughter of your father’s cousin sister (mameri side), this is a relation by affinity, not by blood.

        The key test is whether such a relationship is considered prohibited by your community’s customary law. In many communities, mameri/fufoori relations are not considered prohibited. If your personal law or custom allows it, then you can legally marry under the Special Marriage Act.

        To be completely sure, you can either:
        1. Consult the Marriage Officer during the notice stage to see if any objection arises.
        2. Get a written declaration or affidavit stating there’s no customary bar to this marriage in your community.

        Let me know if you’d like help with the affidavit draft or notice procedure.

        in reply to: Birth certificate correction #18548
        Silentknight5594
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          Silentknight5594
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          April 8, 2025 at 7:46 pm
          I practice at the BomHC, DHC and SC. Can connect with you.

          Silentknight5594
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            Silentknight5594
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            April 8, 2025 at 7:45 pm
            Yes, his mother can file a complaint under the Protection of Women from Domestic Violence Act, which covers emotional abuse and harassment. She can also seek residence rights and maintenance if needed. Regarding property, if it’s ancestral or jointly held, she can claim her share legally. The father cannot compel them to return, nor can he unilaterally disinherit them from ancestral property. The 17-year-old sister is also protected under the same Act. If they’re open to it, I’d be happy to guide them through each step directly—this needs to be handled with care and clarity.

            Silentknight5594
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              Silentknight5594
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              April 8, 2025 at 7:44 pm
              This is extremely serious and you’ve shown great presence of mind. You can file a criminal complaint under IPC sections for criminal intimidation, endangerment, and wrongful restraint. A writ petition against police inaction and a consumer complaint against Rapido for negligence are also viable. Escalation to NHRC or even the State Human Rights Commission is absolutely possible given the police apathy. I’ve handled sensitive matters like this before—happy to assist you end-to-end if you’d like to take this forward formally.

              in reply to: Birth certificate correction #18543
              Silentknight5594
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                Silentknight5594
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                April 8, 2025 at 7:42 pm
                An affidavit to that effect.

                in reply to: Birth certificate correction #18544
                Silentknight5594
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                  Silentknight5594
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                  April 8, 2025 at 7:37 pm
                  You can file an FIR to show BC as missing, and get a new BC made from the municipal corporation using the aadhar card.

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