Hindu women cannot claim property rights from Muslim Husband

A Hindu women who marry a Muslim Male is invalid, Supreme Court declares law in Mohamed Salim Case on 22/1/2019. The Kerala Girl Valliamma who married Mohammed Illias and gave a bith to a male child Samsudeen, who subsequently married Aliyarkunju after his death. The supreme court denied Valliamma as a legal heir of Illias. The SC citing the mohamedan law which states as “ A Mahomedan male may contract a valid marriage not only with a Mahomedan women, but also with a Kitabia, that is, a Jewess or a Christian, but not with an idolatress or a fire worshipper. A Marriage however, with an idolatress or a fire worshiper, is not void, but merely invalid.” Supreme court has not cleared whether a invalid marriage which exists for a long years can be validated under law. But SC has stated that the person who claims wife status under an invalid marriage cannot obtain legal heir status as wife. And the property of the Muslim male husband don’t devolve to the wife under invalid marriages. But Supreme Court has approved the children’s are given legitimate status and who were born under the invalid marriage can be treated as legal heirs for the purpose of the property. The position that a marriage between a Hindu woman and Muslim man is merely irregular and the issue from such wedlock is legitimate has also been affirmed by various High Courts. (Aisha Bi v. Saraswathi Fathima, (2012) 3 LW 937 (Mad), Ihsan Hassan Khan v. Panna Lal, AIR 1928 Pat 19). The marriage of a Muslim man with an idolater or fire ¬worshipper is neither a valid nor a void marriage, but is merely an irregular marriage. Any child born out of such wedlock is entitled to claim a share in his father’s property. It would not be out of place to emphasise at this juncture that since Hindus are idol worshippers, which includes worship of physical images/statues through offering of flowers, adornment, etc., it is clear that the marriage of a Hindu female with a Muslim male is not a regular or valid marriage, but merely an irregular marriage. The Authour K.P.Satish Kumar M.L. is the Advocate in Madras High Court By Team Daniel & Daniel Join Our Whattsapp Group @ 9840802218

NCW is a Lame Duck or Legal Guardian for women.

NCW is a Lame Duck or Legal Guardian for women. Suo motto notice in Mayavathi case to UP MLA Sadhana Singh by the National women commission for the defamatory remarks makes the nation to watch the powers of the NCW. Is NCW is the super power to protect the women’s rights or only opinion makers in the crime against women. NCW is only created for the recommendations of welfare of the women’s. But the Act also gives some powers to receive complaints from the women’s. The question is whether a effective remedy is available to women or mere a eye washer. NCW rejects the following complaints from the very nature of filing a complaint i) Vague and anonymous complaints ii) Civil Disputes iii) Service, labour/industrial disputes not involving any deprivation of women’s rights iv) Matter pending in Court Only the commission can handle the cases pertaining to 1.deprivation of women’s rights; 2. non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development; 3.non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women, and take up the issues arising out of such matters with appropriate authorities; In the case of Mayavathi is the matter of defamation made by the MLA. Even though the NCW finds guilt on the part of the MLA, the NCW has no power to punish the MLA. It can only recommend the proper authorities to take action on it. A question rises why can’t a person directly approach the proper authority for legal remedy without wasting time in NCW. The Indian legislation should give more powers to the NCW with the power of Punishing the accused. Unless NCW only act as paper worker not as a protector for women’s. Authour K.P.Satish Kumar M.L. Advocate High Court Madras By Team Daniel & Daniel Join Our Whattsapp Group 9840802218.

Procedure for Muslim Men Diovrce - Helpline 9962999008

Three year imprisonment for pronouncing Talaq and no bail to the husband until the wife gives consent for the bail not only makes the Muslim male in turmoil but Muslim males have no law for divorce right now. How can a Muslim men can divorce right now in India. What is the solution for them. The family court of Chennai is entertaining divorce petition from Muslim in the Suit format but it also places a hurdle that the maintainability of the suit is decided on the trial only by the presiding Judge. The Indian Government has not said that any other format of Talaq is valid and the court also not discloses whether the Declaration suit for Divorce is valid. I Don’t know why the entire Muslim community is keeping quiet when there is a lawlessness situation for Muslim men in case of Divorce and matrimonial dispute when the female counterparts are protected with the Divorce and Matrimonial laws. Whether the lawmakers doesn’t see this a gender inequality. After the implementation of The Muslim Women (Protection of Rights on Marriage) Act, 2019 ,Where the new law makes all declaration of talaq, including in written or electronic form, to be void (i.e. not enforceable in law) and illegal. It defines talaq as talaq-e-biddat or any other similar form of talaq pronounced by a Muslim man resulting in instant and irrevocable divorce. Now Pronouncing talaq was made as a cognizable offence, attracting up to three years imprisonment with a fine. (A cognizable offence is one for which a police officer may arrest an accused person without warrant.) The offence will be cognizable only if information relating to the offence is given by: (i) the married woman (against whom talaq has been declared), or (ii) any person related to her by blood or marriage.) The Law provides that the Magistrate may grant bail to the accused. The bail may be granted only after hearing the woman (against whom talaq has been pronounced), and if the Magistrate is satisfied that there are reasonable grounds for granting bail. A Muslim woman against whom such talaq has been declared, is entitled to seek custody of her minor children. The manner of custody will be determined by the Magistrate. In Chennai the Principal Family court has took a decision to try the Muslim Male divorce case by the family court and even the maintainability should be decided by the family court. It is unsolvable question whether the grounds of divorce is according to the Muslim personal law or not. The Author K.P.Satish Kumar M.L. is the leading Lawyer in Madras High Court Join our Whattsapp Group @ 9840802218.

4 Important things to file Divorce in Chennai – Helpline 9962999008

Before filing divorce in Chennai one should fulfill the 4 important things for purpose of jurisdiction. 1. Residence of wife : A Hindu wife can file a petition for Divorce where she resides. This never permits for the Christian and Muslim Wives. Even though it is a religious arbitrariness permitted by law, the Hindu wife enjoys this right which was denied to other religions. 2. Residence of the Opposite party : A wife can file a divorce petition where the husband resides, vice versa the husband can file a divorce petition where the wife resides. Residence of opposite party creates the jurisdiction to file a Divorce petition in Chennai. 3. Place of Marriage : If the Temple, Church, Mosque, Hotel, Marriage Hall or the register office in which the marriage was performed under special marriage Act and any other place where the marriage was performed within the limits of the Family court jurisdiction at Chennai, then a person both the wife and the husband can file divorce petition in Chennai. 4. Lastly resided Together : If the spouse whom they lastly resided at the Court limits of Chennai, then they can file divorce at Chennai. But if the place is not lastly resided then they loose the right to file divorce petition in Chennai. When a person satisfied the above conditions then they have complete right to file a divorce case in Chennai. The Author K.P.Satish Kumar is the leading Divorce lawyer in Chennai. By Team Daniel & Daniel Helpline: 9962999008.

Can a women marry a person whom was divorced by herself ? Helpline :- 9962999008

In a rare incident in Gurugram near Delhi a MNC employee who was forcibly divorced her husband by her parents. The college girl who married against the will of her parents was put to an end to her marriage under threat of her parents. Recently by a complaint given by the girl the Delhi Commission for women rescue the 30 year old girl and now she was married to her ex-husband. The question of legality is whether the second marriage with her same husband whom she divorce previously is valid under law. In case of Muslims and want to marry as per Muslim law then after getting divorce decree you have to marry with a third person , and after consumption of marriage again, he should divorce, then you can again get marry with the same person. Unless he divorces the second wife, he cannot marry his divorced wife legally. Such things prevails in Muslim Community. And in the same time a person cannot go two formats of marriage with the same person simultaneously. If a women marries a person under Hindu law and subsequently marries under special marriage Act, only the Hindu marriage is a valid one and they cannot claim rights under special marriage Act. The second marriage with the same person is not valid under law. In law under Christian marriage Act one person can be from any other religion and should compulsory a Christian. The other religious person can marry a Christian boy or Girl without changing his religion. When such marriage took place and subsequently he or she under goes other marriage under their own religion, then the second marriage is void under law. When one format of marriage is subsisting a person cannot go under another form of marriage under another format. But in a interesting question can a women marry the same person after divorcing him. The Muslim law never permits. Remarriage to an ex-spouse was forbidden during some eras of history. Biblical Jewish law, in Deuteronomy 24:1-4, allowed a man to divorce his wife if she displeased him, but stipulated that if his wife then married another man, and the second marriage ended in divorce, she could not remarry her first husband. During the Middle Ages, a primary teacher of the Catholic church's canon law, St. Thomas Aquinas, ruled in "Summa Theologica" that divorce was permissible only if a wife committed adultery or followed another faith instead of Christianity. An ex-wife divorced for adultery was not allowed to remarry. If an ex-wife repented of her adultery, her ex-husband was allowed to remarry her. But the Christian Marriage Act has not made any hurdles in re-marring the same person after divorcing him. In Hindu Laws the section 5 of Hindu Marriage Act has not imposed any conditions regarding the validity of a divorced person marring again. The Author K.P.Satish Kumar is the leading Divorce lawyer in Chennai. By Team Daniel & Daniel Helpline: 9962999008.

HOW TO OBTAIN LEGAL HEIR CERTIFICATE

For obtaining Legal Heir Certificate, a death certificate showing proof of death is necessary. This death certificate is issued by the Corporation/ Municipality / RO of Mandal where the death occurred/ Major Panchayat. 

Wife or Husband or Son or Daughter or Mother are eligible to apply for Legal Heirship Certificate. 

Required Information to obtain Legal Heir Certificate is a Deceased name, Names, and Relationship of Family member, Signature of Applicant, Date of Application, Residential Address, Death Certificate, Rights of Record. 

Required Documents to obtain Death certificate Legal Heir Certificate is Identity Card, Ration Card and Prescribed application form. 

Some of the important things considered for obtaining Legal Heir certificate are: 

District Tahsildar office issues Legal heir certificate for those individuals whose husband or parent is dead without leaving a Will. 

This certificate is used for establishing a relationship for claims related to Insurance, pension, retirement benefits or other service benefits of central and state government departments as well as Government undertakings etc. 

To get employments for example compassionate appointments. 

With the death certificate approach the Tahsildar office and produce the form. All required documents need to be submitted while filing the application. It may take around a month to process all the necessary information and to obtain the certificate

The author K.P.Satish Kumar is the leading civil lawyer in Chennai.
Daniel & Daniel Helpline 9962999008

Quick Divorce Procedure in India. Divorce within 10 days. Divorce Advocate in India - 9884336772

If a Hindu married couple is separating by mutual consent then they no longer need to wait for six months for getting a separating order from the court. Supreme Court held that marriage between two Hindus can be legally terminated in just a week as the “cooling off” period can be waived off as it is not mandatory. The Apex court clarified that if all the efforts to reunite parties and mediation and conciliation also fails between them then the wait for a six-month period can be done away with. This ruling was passed by the court after a petition was filed by a couple seeking direction to waive off the cooling off period as they have been living separately for 8 years and they had already settled all issues pertaining to child custody and alimony.The couple made a plea before the Supreme Court that delay in divorce would affect their chances to resettle in life. In the present matter, the court took a stand that delay in proceedings only prolongs subsequent resettlement. Waiving off period can be considered if the parties have been living separately already for a year. The court said, “The object of the provision is to enable the parties to dissolve a marriage by consent if the marriage has irretrievably broken down and to enable them to rehabilitate them as per available options. The amendment was inspired by the thought that forcible perpetuation of the status of matrimony between unwilling partners did not serve any purpose. The object of the cooling off period was to safeguard against a hurried decision if there was otherwise the possibility of differences being reconciled.” The bench comprising of Justice AK Goel and UU Lalit said that the object of the cooling off period is to safeguard against a hurried decision taken by a couple to get separated and to allow them to explore ways to settle their disputes however this could not be made mandatory. As per Section 13B(2) of the Hindu Marriage if both the parties do not change their pleas for divorce in a time period not less than six months and not later than 18 months, then the court pass the decree to declaring the marriage to be dissolved. The court observed that the period of six months to 18 months provided in section 13B is an interregnum to give time and opportunity for the couple to reflect on their move. This period can be waived off if conciliation fails and parties have genuinely settled their differences pertaining to alimony, custody of the child or any other issues pending between them. The bench observed, “The object was not to perpetuate a purposeless marriage or to prolong the agony of the parties when there was no chance of reconciliation. Though every effort has to be made to save a marriage, if there are no chances of reunion and there are chances of fresh rehabilitation, the court should not be powerless in enabling the parties to have a better option.” The Supreme Court bench after examining all the issues came to the conclusion that Section 13B(2) is mandatory and not a directory. The court held that the cooling off period could be waived off if the court is satisfied that the parties are living separately for more than a year with no chance of reconciliation and a further waiting period would only prolong their agony. The bench held that the parties can file a waiver application just one week after the divorce petition is filed and the court will take a call on the waiving off period. The Author K.P.Satish Kumar M.L. is the top Divorce lawyer in Chennai For Free Legal queries call Daniel & Daniel At 9884883318