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Author Topic: DV case, interfaith, not registered under special marriage act  (Read 806 times)

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Offline 333999

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1) Love marriage, Hindu M/ Muslim F, were living independent during married life, parents of male disown him post marriage via court filing.
2) Due to loss of his (male) job 3 year in marriage, (lady an mba was working before marriage) was asked to look for a job to support, lady with help frm her father left with kid & jewelry
3) 1st 498a got dismissed at default
4) concurrent CRIMA DV case on
5) Court filing have @Muslim name of Male, while he a practicing Hindu. Same with kid who is raised a Muslim by mom against father wish. They had two marriage one Hindu, 2nd Muslim. Not sure of Shahada taken by male in heat of the moment, but even in Dv case he stressed of her deceive, for son has to be a Hindu following father, which is against mom will. Father is a practicing Hindu.
6) Judge denied father access to kid, total zero contact from day of her leaving.
7) Rcr filed
) Judge granted 2+1 k maintenance pm till DV result
9) Male paid no maintenance
10) Case now at purpose 'steps', after 'BW issue'
11) As am from male side inquiring, Male will in future remarry, not sure of lady side coz we do not know. Shahada - will it effect on male remarriage, he oked a hindu & a muslim wedding only to please her. Do not want any more complications in Life, for him as well as his elder parents.
 
Usually Dv/498 have a pattern, leading to D. what are the next steps as per life cycle of these cases.
 
How will the case pan out now, what may happen now.

Offline advjaibansal

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Re: DV case, interfaith, not registered under special marriage act
« Reply #1 on: July 20, 2016, 03:28:01 AM »
Filing of complaint
Registration of FIR
investigation by the police
in between taking bail if needed
filing of Charge sheet
Arguments on framing of charge/ or arguments on discharge
framing of charge
evidence of prosecution i.e. complainant and other witness on her behalf including police and other formal wit
statement of accused
After completion of evidence of prosecution, leading of evidence by the accused persons
Final arguments.
the entire process may take couple of years.

Regards,

jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline 333999

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Re: DV case, interfaith, not registered under special marriage act
« Reply #2 on: July 20, 2016, 06:00:13 AM »
Thanks advjaibansal for quick response.
The 498 got dismissed at default
This is CRIMA and already 4 years have passed.

my question is
1) Not technically but in personal life, as I am not sure if he did or didn't do Shahada, will it effect his future as a Hindu, as one has to be born to be a Hindu. Also he did have both marriage Hindu + Muslim. During marriage he was a practicing Hindu as well.

2) Compared to 498, DV is a CRIMA and less stringent, yes/no.
3) What are the maximum punishment financial and non financial which can happen.
4) Hope parents are not involved, as they were never involved in the 1st place.

Only FYI, He fighting full on till the end of his innocence.

Offline advjaibansal

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Re: DV case, interfaith, not registered under special marriage act
« Reply #3 on: July 20, 2016, 06:49:04 AM »
2) Compared to 498, DV is a CRIMA and less stringent, yes/no.
in 498A there is punishment in terms of jail. DV act is only for civil remedy such as maintenance, house order, custody order, restraining order etc. Its only for civil remedy and there is no punishment given unless the order passed under DV act are not complied.

3) What are the maximum punishment financial and non financial which can happen.
in what kind of cases.

4) Hope parents are not involved, as they were never involved in the 1st place.
depends on the facts of the case. can't comment in air.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline 333999

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Re: DV case, interfaith, not registered under special marriage act
« Reply #4 on: July 20, 2016, 09:53:24 AM »
Thanks advjaibansal for your quick help.

The 498 got dismissed at default because there was zero communication or visit between parents and son,  zero involvement.
may I ask:

1)What is law about being a Hindu and process to acquire or give up especially with interfaith marriage and children ?



2) What are the maximum punishment financial and non financial which can happen in DV case, if all conditions are not broken ie all requirements of court are fulfilled ?


Offline advjaibansal

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Re: DV case, interfaith, not registered under special marriage act
« Reply #5 on: July 24, 2016, 12:07:57 AM »
1)What is law about being a Hindu and process to acquire or give up especially with interfaith marriage and children ?

- there is no law on this particular aspect. Its depends on the person who is following the religion. Its up to the parents that what religion their children should follow or children may also decide when they attain the age of maturity.



2) What are the maximum punishment financial and non financial which can happen in DV case, if all conditions are not broken ie all requirements of court are fulfilled ?

- What do you mean by the aforesaid question.
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline advkkreddy

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Re: DV case, interfaith, not registered under special marriage act
« Reply #6 on: July 26, 2016, 10:06:40 PM »
hello Advocate Bansal, Do you take up matters related to ratification of Company name.
 
Champion in law of Torts in India

Offline advjaibansal

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Re: DV case, interfaith, not registered under special marriage act
« Reply #7 on: July 28, 2016, 05:58:06 AM »
Dear Mr. Reddy,

I do take cases for ratification of company name. Form 68 is to be filed for any kind of rectification.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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