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Messages - kalaskarkk

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1
Dear Sir,

It can be revoked by issuing a legal notice. If it is registered then you have to pay the cancellation charges, it may not be more than Rs.5,000/-. Both documents can be cancelled by exectiong cancellation deeds respectively and followed by paper publications.

2
Property laws / Re: Tenant not paying rents and not reachable
« on: July 16, 2018, 01:00:44 AM »
Dear Sir,

Get issue a legal notice under Section 106 of Transfer of Property Act and terminate his tenancy. If he did not vacate the premises within 15 days on service of notice you can file a suit for eviction. The other issues on this subject are as follows:
Bitter PIL for landlords, a boon for poor tenants
Petitioners, Dove Drive Without Borders Foundation approached the court contending that tenants in the city have absolutely no bargaining power during negotiations with the landlord for the quantum of money to be paid as security deposit.

Extortion via high deposits demanded as ‘security’ bonds by landlords in Bengalurumust stop, says a group of petitioners — newcomers to the city and good Samaritans— have teamed up to protect the interests of tenants house-hunting in the city. The activists have filed a Public Interest Litigation in the Karnataka High Court addressing the interests of people who do not own homes but must rent housing under one-on-one tenancy agreements with landlords. Such laws already exist in states such asTamil Nadu and Bihar, says Wasim Memon, founder of The Drive without Borders Foundation.

The Foundation, a citizens’ movement that started with the objective of safeguarding the rights of motorists and road users in India and crusaded for a single rate of road tax in all Indian states, is leading the charge.

Waseem Memon said tenants started contacting him on their Facebook page seeking help when faced by Bengaluru’s inequitable rental market. He, a Hyderabadi himself, decided to do something about it.

In the absence of standardised rates for security deposits, it has become customary for landlords to insist upon high security deposits equivalent to 10 months’ rent. For example, a residential property with a monthly rent of `10,000 would command a security deposit of a lakh, while a property with the monthly rent of `30,000 would mean shelling out a proportionate deposit of `3,00,000. This earns the landlord handsome returns through interest earned on the deposits.

The problem is compounded when some homeowners arbitrarily and with impunity get away with deducting amounts of their choosing, posing flippant and vague causes such as ‘damage’ or ‘repainting charges’ as reasons for the deductions.

This unfairly raises the total layout for rent, and results in income loss through the loss of interest for, often, hard-pressed youngsters and recent economic immigrants.
Priyanka Patel, a young professional who started living in a flat in Marathahalli, shelled out `1.5 lakh around two years ago as a security deposit and was faced with no choice but to give away `56,000 to her London-based landlady, though she had agreed to only pay `30,000, ostensibly for “repainting” the property.At one time, the landlady threatened to keep their deposit money if she had any male visitors, even relatives, to the house.

Though the problem extends across all income classes and communities, the unsanctioned practice harms vulnerable groups of, often, young men and women who move to live in Bengaluru to be part of its booming electronics and IT industries, the region’s largest employers.

“Young immigrants and couples in junior positions in jobs who are new to the city are also badly-affected,” says Memon who is leading the group of activists. “They lose lakhs of rupees to landlords each year in the guise of one imagined problem or another. Going to court to establish the nature of the wrongdoing by a landlord is difficult, expensive and time-consuming and not considered a viable option by busy city dwellers. So, in the absence of legal recourse, tenants have little option but to bear the financial burden.”

The practice has become rampant and reached near epidemic proportions, he says: “Keeping this in mind, the Central Government’s draft Model Tenancy Act (first in 2011 and a revised version in 2015) seeks to update the law relating to landlords and tenants across the nation. It is a model law directed for the consideration of state governments. it will provide for a cap on security deposits for tenancy agreements at three months’ rent.”

The statute, if put in place, also seeks a retrospective provision where tenants who have their cash — greater than 3 months’ rent — stuck with landlords may ask for it back, and expect it to be returned within a period of 15 days. The citizens’ group, Drive Without Borders, a Facebook group, has sought a preliminary response from the high court within 21 days of the receipt of the petition.

Dove Drive Without Borders Foundation
S2, 2nd Floor, Olive Garden No.74, Benson Cross Road,
Benson Town Bangalore Bangalore KA 46 IN
akmemon003@gmail.com
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Maharashtra: New law soon to protect tenants from rogue landlords
A new law intended to protect private sector tenants from “rogue landlords” was unveiled by the Maharashtra government Monday.
The state cabinet adopted the law that recognises the right of a tenant to reconstruct the tenanted property if the landlord is withholding the property’s redevelopment.
This, however, won’t be offered on a carte blanche. The cabinet decided that the new norm would be applicable only to buildings declared unsafe by the civic authorities. Also, it will only be applied in cases where the landlord has not started redevelopment of the property even a year after the dilapidated building has been pulled down by the civic authorities.
Following the cabinet approval, the government will now introduce the law in the state legislature, in the form of an amendment to the existing Mumbai Municipal Corporation Act.
A senior minister, who did not wish to be named, said the new law would offer protection against the threat of “unfair eviction”. Lakhs of families in Mumbai reside in tenanted properties protected under the Maharashtra Rent Control Act.
On the need to adopt the new law, the minister said, “While the reconstruction right of a tenant is protected in cases where landlord demolishes the old property and undertakes redevelopment on his own, that is not the case when the civic authorities pull down an unsafe building.”
There have been complaints that some rogue landlords, in connivance with civic authorities, misuse this “lack of protection” to drive out tenants.
In a bid to ensure that the new law does not drive some “innocent” landlords out of the market, the government has ruled that the ownership of the plot and the redeveloped tenanted structure will remain with the landlord even after the redevelopment.
According to sources, Housing Minister Prakash Mehta said at the cabinet meeting a “lopsided” law could backfire. He also reportedly said enabling provisions would also have to be made in the Development Control (DC) regulations.
Following this, Chief Minister Devendra Fadnavis appointed a committed under Mehta to review the existing DC Regulations and suggest necessary amendments.
The BJP had invited flak from tenants’ associations recently over some controversial provisions of the Centre’s new model rent control Act.
Meanwhile, the Cabinet also decided to put the work for the Navi Mumbai International Airport on the fast track.
It cleared a proposal qualifying three bidders — GVK-led Mumbai International Airport Ltd, GMR Delhi, and MIA Infrastructure —
along with Tata Realty for submission of the request for proposal (RFP).
While four bidders had expressed interest in the project, a consortia of Zurich Airport with Hiranandani Developers was disqualified by the Union Ministry of Finance over “lack of financial security”.
Chief Minister Devendra Fadnavis said the work orders for the new airport were expected to be awarded within six months.

3
Dear Sir,

You can file private complaint and ask the court to get the signatures tested by an hand writing expert.

4
Lawyers in India / Re: online transfer fraud case
« on: June 20, 2018, 05:33:06 AM »
Dear Sir,

He can file a civil suit. You can take contention that you have repaid the amount in cash. Moreover it will take
years together to dispose a civil suit, then you can prefer appeal. Nothing to bother.

5
Dear Sir,

You can immediately rush to the Court and get a stay order. It will continue.

6
Property laws / Re: Partitioning dispute
« on: June 13, 2018, 12:04:04 AM »
Dear Sir,

My answers are as follows:

1)   How to prevent our Uncle from illegally making any alteration/construction in good rooms  before partitioning in our house?
Ans: You may file a suit for partition and get interim injunction restraining your uncle from any developments and cutting and selling the trees.

2)   How to prevent them from planting trees in common land before partitioning ?
Ans: The Court will also give injunction restraining your uncle from planting any trees on common land.

3)   How to have fare and proper partitioning where all 5 will get equal shares?
Ans: If any property is not divisible then such property will be put to auction and proceeds thereof shall be divided among the co-sharers.

7
Property laws / Re: Poor construction of house
« on: June 12, 2018, 11:52:48 PM »
Dear Sir,

Yes, you can bring a law suit against the previous owner and builder and claim damages for the same. First get issue a legal notice. Please share more details and documents which enables to draft a legal notice.

8
Marriage / Re: Witness affidavit in defamation case
« on: June 12, 2018, 11:49:56 PM »
Dear Sir,

Your questions are very vague. Further it is unknown to law has to how defamation case cannot be filed when divorce case is decided in your favour. You may approach the High Court for setting aside/quashing the defamation proceedings .

9
Divorce Laws / Re: divorce on basis of refusal of sexual contact ?
« on: June 05, 2018, 12:08:53 AM »

Dear Sir,

The following citation helps you to get divorce on the ground of non consummation .

=========================================================================

Denial of Sex to Husband for long time without any sufficient Cause amounts to Mental Cruelty; SC grants Divorce [Read the Judgment]...

A Supreme Court bench comprising of Justice S.J. Mukhopadhayaya and Justice Prafulla C. Pant, in a judgment delivered yesterday, upheld dissolution of marriage between the parties, on the grounds of denial of sex as amounting to mental cruelty....

The Court observed, “Undoubtedly, not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, itself amounts mental cruelty to such spouse. A Bench of Three Judges of this Court in Samar Ghosh vs. Jaya Ghosh (2007) 4 SCC 511 has enumerated some of the illustrations of mental cruelty.”
•   Consummation and non-consummation FAQs
Dear Sir,
My answers are as follows:
1.   What's the difference with respect to maintenance of alimony when couple are separated in consummated marriage from that of non consummated one?
Ans: The following judgments of SC gives you an idea about this.

2.   How to prove wife refusal for same.?

Ans: Some circumstantial evidences, WattsApp/SMS messages are sufficient.

3.   Does court consider whatever wife says?

Ans: Court is always NEUTRAL.

4.   What other means are there to prove non cumsummation?

ANS: It depends upon the case you can prove it by oral statements or WattsApp/SMS messages. Recordings etc.,

5.   Does court see husband as guilt/cause for non cumsummation
Ans: Court always presumes in favor of husband because man is more towards the sex whereas the woman is less towards the sex. Court never believe that husband denied the sex but it can believe vice versa, it is universally accepted phenomena. The is as follows.




10
Divorce Laws / Re: Husband left me and went to Australia
« on: June 05, 2018, 12:05:56 AM »
Dear Madam,

You may reside in the house of your father-in-law and claim protective order by filing DV case. You can claim the following reliefs.

==========================================================================

 
 
PRAYER
       HENCE THE APPLICANT HUMBLY PRAYS
A)   to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend  police protection to the deponent,

B)   Pass orders u/s 19, based upon S.17, granting separate residence  for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.

C)   Pass orders u/s 18, in totality against Respondent No.1 to 3,

D)   Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.

E)   Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1  as he is residing in the house of respondent No. 3, which is legally prohibited,

F)   Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1  falsely filed Divorce Petition.

G)   The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,

H)   That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.


11
Divorce Laws / Re: legal advise request
« on: June 04, 2018, 11:56:50 PM »
Dear Sir,

You may bring to the notice of Court that she is qualified and earning by home visits. The quantum of maintenance may be reduced. You may challenge all the cases before the High Court and get stay order to avoid unnecessary calls from police. Take all cases casually.

12
Dear Sir,

As per following judgment of Supreme Court there is no need of any cooling period.

===========================================================================

Six Months Waiting Period In Section 13B(2) Of Hindu Marriage Act For Divorce By Mutual Consent Not Mandatory: SC [Read Judgment]...
http://www.livelaw.in/six-months-waiting-period-in-section-13b2-of-hindu-marriage-act-for-divorce-by-mutual-consent-not-mandatorysc-read-judgment/

13
Divorce Laws / Re: About divorce and child custody
« on: June 04, 2018, 11:50:16 PM »
Dear Sir,

You can easily get divorce as well as child custody but you must be having courage to face the consequences. The FAQs on this issue are as follows:

==========================================================================

FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE..
======================================
Dear Sir,

My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.

1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.

Ans: Alimony means one time full settlement money given to wife.  Montly maintenance is awareded during the pendency of case. She is entitled for one only.

2. What’s are rule and regulation for taking divorce?

Ans: It is given below.


3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.

Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.


4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .

Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.


5.Can I  take my son custody after 7 years from court.

Ans: Yes, even before that.


6.If I want to do settle out court what is the chance of her asking me for alimony amount?

Ans: Rs. 5 to 6 lakhs.


7.On what bases this alimony and monthly expenses is decided?

Ans: On the basis of your personal income.


8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ?

Ans: Yes, definitely. Then she is entitled for monthly maintenance only.


9.What is the difference between alimony and monthly expenses ?

Ans: Alimony means one time full settlement money given to wife.  Montly maintenance is awareded during the pendency of case. She is entitled for one only.

10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ?

Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding.


11.Whether she can do any police complain against me or my family ?

Ans: Yes. But now Supreme Court given several instructions to police before arrest.

12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this?

Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC


13.Can she harm me and family by putting false alligations ? How to take precautions for all this?

Ans: YES, File quashing petition before the High Court.

14.I even want to know that what are strict norms are there for taking divorce?

Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge.

15.Because my wife is continuously telling me now Norms are very very strict what’s are they?

Ans: Nothing to bother, your advocate protect you.

16.Yes she is working if she is working then I am not liable for her maintenance money

Ans: Yes, your burden will be lessened to 50 to 75%


17.what is section 487A IPC  in this can we go bail procedure before and keep it ready with us.

Ans: At the end given.


18.What is RCR? 

Ans: It is Restitution of Conjugal Rights filed under section  9 of Hindu marriage Act.


19.What are Section 498A and DV Act?

Ans: Given below


20.Under this act will I get bail or not?

Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR.

21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her?

Ans: No, law does not permit.

22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account?

Ans: to her account.

22.What is Special marriage act and Indian Divorcee Act?

Ans: Please see below. Both applicable in India.

23.what is the procedure for taking bail?

Ans: Your advocate will tell you if you pay fee.

24.If my wife does second marriage will I be still liable to pay her monthly maintenance?

Ans: No.

25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce?

Ans: You will be in jail if you marry without divorce under sectin 494 IPC


26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section.

Ans: If you have money and refuse then you will be sent to jail.

27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family?

Ans: yes, police create a very good story and register FIR,

28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast?
Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days.
Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]
Section 498A in The Indian Penal Code
376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun¬ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

Dear Sir,

Your questions are answered as follows:

1.Can she ask me to come to her place or refuse to come to my place?

Ans: No, it cannot be. Her proposal cannot be accepted by Courts.

2.Can she file false dowry and domestic violence case.?

What punishment will be given to her for false cases ?

Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter.

3.How long shd I wait for getting divorce if contested ?

Ans: About 2-3 years depending upon the tactics of other side.

4.How frequent can I get visitation rights of child and also during trial ?

Ans: Once a 15 days depending upon age and sex of the child.

5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases?

Ans: If she includes your parents in the FIR, there will be some problems in pension settlement.

6.Does separation count from the day she left or the day I stopped visiting her ?

Ans: The day she left you that is deserted you.

7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws?

Ans: Yes, you are correct.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
The following are similar FAQs asked by my another client....for your ready reference.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Dear Sir,

My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.

1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.

Ans: Alimony means one time full settlement money given to wife.  Montly maintenance is awareded during the pendency of case. She is entitled for one only.

2. What’s are rule and regulation for taking divorce?

Ans: It is given below.


3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.

Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.


4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .

Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.


5.Can I  take my son custody after 7 years from court.

Ans: Yes, even before that.


6.If I want to do settle out court what is the chance of her asking me for alimony amount?

Ans: Rs. 5 to 6 lakhs.


7.On what bases this alimony and monthly expenses is decided?

Ans: On the basis of your personal income.

14
Divorce Laws / Re: Ex-Parte Divorce decree not signed
« on: June 04, 2018, 11:45:46 PM »
Dear Sir,

It cannot be kept for such a period six months. You may complain to the Registrar Vigilance of Concerned High Court.

15
December 7, 2017
No law provides change of woman’s religion after marriage: SC
The Supreme Court on Thursday said the law does not sanction the concept of a woman’s religion getting merged with her husband’s faith after an inter-religion marriage.
A five-judge Constitution Bench headed by Chief Justice Dipak Misra was dealing a legal question whether a Parsi woman loses her religious identity if she marries a man from a different religion.
The bench, also comprising Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, asked senior advocate Gopal Subramanium, representing the ‘Valsad Parsi Trust’, to take instruction and apprise it on December 14 as to whether it can allow Goolrokh M Gupta, a Parsi woman who had married a Hindu, to attend the last rites of her parents.
Gupta has challenged the customary law, upheld by the Gujarat High Court in 2010, that a Parsi woman marrying a Hindu loses her religious rights in the Parsi community and hence, loses the right to visit the ‘Tower of Silence’ in the event of her father’s death to perform the last rites.
“There is no law which says that a woman loses religious identity after marrying a man from another faith… Moreover, the Special Marriage Act is there and allows that two persons can marry and maintain their respective religious identities,” the bench said.
Senior advocate Indira Jaising, appearing for the woman, referred to the Common Law doctrine of merger of religion which says that the religion of a woman gets automatically merged with the faith of the husband after marriage.
“Can we adopt the Common Law doctrine of merger of religion in India when it has not been followed in the country of its origin,” Jaising said, adding that the constitutional validity of the Common Law principle would also be required to be tested.
“A man marries outside the community and is permitted to retain his religious identity and a woman is not allowed to marry outside and retain her religious identity. How can a woman be debarred…,” the bench said.
Jaising said even if it was presumed that the doctrine of merger had the customary sanction, the customs will have to pass the test of constitutionality and no custom can be allowed to infringe the fundamental rights of a person.
“My submission is that there is no such custom, and even if there is, it will be hit by the provisions of the Constitution”, she said.
The bench said it was only the woman who can decide about her religious identity by exercising her right to choice.
It said the presumption that a woman changes her religion according to the faith of her husband does not exist if the marriage has been solemnised under the Special Marriage Act.
At the fag end of the hearing, the bench said the short issue was whether a woman can be allowed to visit and pay respect to her parents after death and asked Subramanium to seek instruction from the Parsi trust and apprise it on December 14, the next date of hearing.
On October 9, the apex court had referred to to a five-judge constitution bench the legal question whether a Parsi woman loses her religious identity after marrying a man of different religion.
The bench was hearing a plea filed by Gupta challenging the High Court judgement holding that a Parsi woman is deemed to have converted to Hinduism after she marries a Hindu man.
The woman, in her appeal filed in 2012, said she had married a Hindu under the Special Marriage Act and should be allowed to retain her place in Parsi community. She had assailed the high court finding that a woman universally loses her paternal identity just because of her marriage with a man practising the Hindu religion.
She had also sought the right to visit the ‘Tower of Silence’ in the event of her father’s death to perform last rites.
The Tower is used for funerary purposes by the adherents of the Zoroastrian faith, in which the traditional practice for disposal of the dead involves the exposure of the corpse to the sun and vultures.
The High Court had also held that she would be deemed to have acquired the religious status of her husband unless a declaration is made by a court for continuation of her Parsi status.
The woman had approached the high court contending that even after her marriage with a Hindu man, she has continued to follow Zoroastrian religion and thus had the right to enjoy all privileges under the Parsi religion, including right to offer prayers at Agiari, a Parsi temple having the ‘holy fire’ and the ‘Tower of Silence’.
She contended that her rights as a Parsi Zoroastrian cannot be denied on the ground that she has married a non-Parsi man. She had also argued that a male Parsi Zoroastrian continued to enjoy all rights available to a born Parsi, even if he is married to a non-Parsi Zoroastrian woman.

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