Legal Solutions

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 Supr...

It is mandatory to obtain license to run a women hostel in Chennai. The Government provide law to obtain license for establishing a women’s hostel. A Application should be given to the District collector along with a fees of Rs.3,000/- After receiving the application the collector will make an enquiry about the hostel premises. The Enquiry team consists (1) District Social Welfare Officer, (2) District Child Protection Officer, (3) Project Officer ICDSS, (4) Differently Disabled Welfare Officer, (5) Representative from Health Department, (6) Personal Assistant (Account) to Collector, and (7) Thasildhar or Deputy Thasildhar of respective Jurisdiction. The above team should give a inspection report to the Collector within 20 days. And on the basis of the inspection report the collector may or may not grant the license to run a women’s hostel. When a license is refused the aggrieved party may approach the government within 15 days. Article by Advocate K.P.Satish Kumar M.L. Advocate, ...

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 o...

Fugitive diamond trader Mehul Choksi has surrendered his Indian passport and renounces his Indian Citizenship by mere surrendering his Indian passport in Indian embassy at Antigua by merely paying Rs.13,500/- as renunciation charges. Antiqua provides citizenship for US$1,00,000/- which is very cheap for economic offenders. Mehul Choksi is the proclaimed offender by the Indian court for the multimillion croe scam in Punjab National Bank (PNB). Antigua leads a new way for the scientific asylum to many economic offenders for the entire world. Antigua and Barbuda has a newly launched citizenship by investment program for investors who can directly acquire citizenship and passport by donation to a charity for a sum of US $ 1,00,000 or through purchase of real estate for US$ 4,00,000. The country joins St.Kitts and Nevis and Dominica where the citizenship program is already up and running. Choksi who obtained citizenship of Antigua by investor scheme has returned the Indian Passport. The ...

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 Musl...

An affidavit is a statement in writing of facts made on oath for submission in legal proceedings or for official purpose, such as, issue of duplicate ration card. An affidavit for legal proceedings is to be affirmed or sworn before an officer of the court who is empowered to perform such task, and court-fee stamps as prescribed are to be affixed on such affidavits. An affidavit for official purpose is to be affirmed or sworn before a Notary, and is to be made on non-judicial stamp paper. A Notary is a legal practitioner appointed as ‘notary’ by the Central Government or the State Government under the Notaries Act 1952 to perform specified functions, including, to ‘verify, authenticate, certify or attest the execution of any instrument’. The Oaths Act 1969 deals with ‘the law relating to judicial oaths and for such other purposes.’ ESSENTIALS of an affidavit : • it should be in writing; • it should contain the name, age, address and nationality of the maker; • it should b...

When it comes to administering a decedent's estate, the process commonly referred to as "probate”—many people fear it is daunting and complicated, but it can actually be as simple as four steps. What is the Probate Process? Probate refers to the process whereby certain of decedent's debts may be settled and legal title to the decedent's property held in the decedent's name alone and not otherwise distributed by law is transferred to heirs and beneficiaries. If a decedent had a will, and the decedent had property subject to probate, the probate process begins when the executor, who is nominated by the decedent in the last will, presents the will for probate in a courthouse in the county where the decedent lived, or owned property. If there is no will, someone must ask the court to appoint him or her as administrator of the decedent's estate. Often, this is the spouse or an adult child of the decedent. Once appointed by the court, the executor or administrato...