In India, the court fee in domestic violence cases is waived off for the victim

In India, the court fee in domestic violence cases is waived off for the victim (aggrieved person) under the Protection of Women from Domestic Violence Act, 2005 (PWDVA). The court may also order the respondent (the alleged perpetrator) to pay costs or damages to the aggrieved person.

As per the PWDVA, the aggrieved person is not required to pay any court fee for:

- Filing a complaint under Section 12 (Protection Order)

- Filing an application under Section 17 (Residence Order)

- Filing an application under Section 18 (Compensation Order)

- Filing an application under Section 20 (Custody Order)

However, it's always best to consult with a lawyer or legal aid organization to understand the specific rules and regulations in your jurisdiction.

What is the new law for inter religion marriage?

Under the new law, you have to inform the district magistrate of any intention to convert and they must then conduct their own inquiries to make sure there is no coercion or inducement. The Special Marriage Act (SMA) of 1954, which allows for interfaith marriage, also requires couples to publicly post 30-day notice

.Before the marriage is performed, you, the person you are marrying, as well as three witnesses, should sign a declaration(( Section 11, Special Marriage Act, 1954.)) in front of the Marriage Officer. The Officer will also sign the declaration. You can perform the marriage at the office of the Marriage Officer.

The Supreme Court made the observations while hearing a case of an inter-caste marriage from Karnataka. The Supreme Court on Tuesday asserted that adults have the right to choose their life partner while saying that it was high time "society learns to accept inter-caste and inter-faith marriages".

Further, in a bid to ensure that the person, who is seeking to convert their religion, is well-informed on their decision, the High Court has mandated affidavits that must be obtained at the time of inter-faith marriage after conversion by the concerned persons/authorities, except in cases of marriages performed unde

The Delhi High Court has issued guidelines for persons seeking religious conversions for the purpose of inter-faith marriages. The directives also include prerequisites and compliance in the case of religious conversion in inter-faith marriages.

The guidelines have prescribed certain documentation as proof of consent by a person for religious conversion. It has mandated an affidavit by the concerned individual, stating that she/he is aware of the consequences and implications of their decision to convert their faith to tie the knot.

There isn't a specific law mandating guidelines for religious conversion for inter-faith marriages in Kerala. However, a recent Delhi High Court ruling provides directives that could be relevant. Here's a summary:

• Focus on Informed Consent: The court emphasized ensuring the converting partner does so willingly and understands the implications.

• Documentation: An affidavit from the converting partner stating their awareness and willingness for conversion might be required.

While these aren't Kerala-specific guidelines, they highlight the importance of informed consent.

Here's what you can do:

• Consult Religious Authorities: Connect with religious leaders from both faiths to understand the conversion process and requirements.

• Legal Advice: Consider consulting a lawyer specializing in family law or religious conversions for Kerala-specific guidance.

• Focus on Understanding: Inter-faith marriages require respect and understanding of each other's religion. Explore both faiths together before any decisions are made.

Remember, a genuine inter-faith marriage thrives on mutual respect and understanding, not conversion solely 

Kerala, a recent High Court judgement allows Christian couples seeking divorce by mutual consent to potentially waive the two-year separation period.

In Kerala, a recent High Court judgement allows Christian couples seeking divorce by mutual consent to potentially waive the two-year separation period. However, there are still conditions that can be included in the divorce agreement. Here are some comm

on ones a wife might propose:

• Financial Settlement: This could include a lump sum payment, spousal support, division of assets (like property or vehicles), or any combination.
• Child Custody and Maintenance: If there are children involved, the agreement will need to specify who will have primary custody, visitation rights for the other parent, and how child maintenance will be handled.
• Division of Debts: The agreement should address how any existing debts will be divided.
• Stridhan: In some cases, the wife might seek to claim her Stridhan, which is her property obtained before or after marriage.

It's important to note that these are just some general points, and the specific conditions will depend on the couple's individual circumstances.

Here are some resources that you might find helpful:

• Lawyers who specialize in family law can advise on the specifics of a divorce agreement.
• Mutual Consent Divorce by Christians: lawwatch.in discusses the legal aspects of mutual consent divorce for Christians.

• Minimal or No Financial Settlements: If there's minimal or no financial settlement involved (like spousal support or division of property), a Rs. 100 stamp paper might suffice.
• Financial Settlements: If the agreement involves financial settlements, the stamp duty is typically calculated as a percentage of the total settlement amount. You'll need to consult the Kerala Stamp Act or a lawyer to determine the exact rate. However, some resources suggest the rate could be around 2% of the settlement value.

The information you previously received about a mandatory 6-month cooling-off period for mutual consent divorce in Kerala is outdated.

Recent court rulings have eliminated the mandatory 6-month waiting period for mutual consent divorces in India, including Kerala (https://vakilsearch.com/blog/new-rules-for-divorce-in-india-in-2023/).

This means a Christian couple in Kerala seeking a divorce by mutual consent can potentially file their petition without waiting for six months, provided they meet the other legal requirements.

 Yes, in Kerala, if the terms of a mutual consent divorce agreement are not fulfilled by one spouse, the other spouse can approach the court again to get the divorce finalized.

Here's a breakdown of the situation:

• Mutual consent is key: A court will only grant a divorce by mutual consent if both spouses genuinely agree to the terms throughout the process.
• Breach of agreement: If one spouse fails to uphold their end of the agreement, it can be considered a breach of contract.
• Legal recourse available: The spouse who is not at fault can then file a petition with the court, citing the breach of agreement and requesting the court to enforce the terms or grant the divorce decree.

Here are some additional points to consider:

• Evidence of breach: It's important to have documented proof of the agreement and the other spouse's non-compliance. This could include financial records, emails, or witness testimonies.

Kerala Christian Succession Law

Christian, his widow will take 1/3rd share in his estate whereas his children will take the balance 2/3rd to be divided among them equally

Therefore the assets ( land, apartment, jewellery, fixed deposits in Bank ) will devolve to his wife in the ratio of 1/3rd share and the remaining 2/3rd share will devolve to children of the decreased.  In other words, 1/3 × 100= 33.33% to your mother,  2/3 × 100=66.66% to all the children combined together, i.e., 16.66% each to 3 daughters and a son.

S. 33, S. 33-A, S. 34 of the Act govern succession to the widow. Together they lay down that if the deceased has left behind both a widow and lineal descendants, she will get one-third share in his estate while the remaining two-thirds will go to the latter. If no lineal descendants have been left but other kindred are alive, one-half of the estate passes to the widow and the rest to the kindred. And if no kindred are left either, the whole of the estate shall belong to his widow. Where, however, the intestate has left a widow but no lineal descendants, and the net value of his property does not exceed five thousand rupees, the whole of the property will go to the widow – but this provision does not apply to Indian Christians.. If the widow is still alive, the lineal descendants will take two-thirds of the estate. 

Till January 1986, Christians in the State of Kerala were governed by two different Acts - those domiciled in Cochin were subject to the application of the Cochin Christian Succession Act, 1921, while the Travancore Christians were governed by the Travancore Christian Succession Act, 1916. These two Acts have now been repealed and the Christians following these laws earlier are now governed by the general scheme of inheritance under the Indian Succession Act, 1925.

The law of intestate succession under S. 32 states that: The property of an intestate devolves upon the wife or husband or upon those who are of the kindred of the deceased, in the order and according to the rules.

S. 33, S. 33-A, S. 34 of the Act govern succession to the widow. Together they lay down that if the deceased has left behind both a widow and lineal descendants, she will get one-third share in his estate while the remaining two-thirds will go to the latter. If no lineal descendants have been left but other kindred are alive, one-half of the estate passes to the widow and the rest to the kindred. And if no kindred are left either, the whole of the estate shall belong to his widow

If the widow is still alive, the lineal descendants will take two-thirds of the estate; if not, they will take it in whole. Per capita (equal division of shares) applies if they stand in the same degree of relationship to the deceased. This is as per Sections 36-40 of the Act.

lineal descendants?നേർവംശപരമ്പരയിലുള്ള പിന്തുടർച്ചക്കാരൻ

lineal descendant. n. a person who is in direct line to an ancestor, such as child, grandchild, great-grandchild and on forever. A lineal descendant is distinguished from a "collateral" descendant, which would be from the line of a brother, sister, aunt or uncle.

Kindered means ബന്ധുക്കൾ

AFFIDAVIT FOR PRODUCING MARRIAGE CERTIFICATE IN INDIA

AFFIDAVIT FOR PRODUCING MARRIAGE CERTIFICATE IN INDIA

I, [Your Name], Son/Daughter of [Father's Name], Resident of [Address], do hereby solemnly affirm and declare as under:

That I am a citizen of India and a resident of [Address].

That I am of [Age] years of age and I am major according to the law at the time of marriage.

That I belong to the [Religion] religion.

That I got married to [Spouse's Name], Son/Daughter of [Father's Name], Resident of [Address] on [Date of Marriage] at [Place of Marriage] according to [Religion] rites and ceremonies.

That I did not have any other living spouse at the time of marriage.

That our marriage has been duly registered with the Marriage Registrar, [Place of Registration] on [Date of Registration].

That I have lost my marriage certificate and I am unable to produce it.

That I am making this affidavit in order to obtain a duplicate marriage certificate.

I hereby declare that the above statements are true and correct to the best of my knowledge and belief.

[Your Signature]

Deponent

Verified at [Place] on [Date] by me, [Name of Magistrate/Notary Public].

[Signature of Magistrate/Notary Public]

Seal

Note: This is a general affidavit format. You may need to modify it to suit your specific circumstances. For example, if you are applying for a duplicate marriage certificate, you may need to include additional information such as the date and place of issue of the original certificate, as well as the circumstances in which it was lost.

You can also get this affidavit notarized by a notary public. This is not required by law, but it may make it easier for your application to be processed.

Marriage can be performed in lawyer's chamber by garlanding each other: Supreme CourtRead more at: https://www.deccanherald.com/india/marriage-can-be-performed-in-lawyers-chamber-by-garlanding-each-other-supreme-court-

The Supreme Court on Monday ruled that a marriage can be performed by a couple in the advocates chamber by a simple ceremony of garlanding each other or putting a ring upon a finger of the other person. 

Read more at: https://www.deccanherald.com/india/marriage-can-be-performed-in-lawyers-chamber-by-garlanding-each-other-supreme-court-2663823

ഇന്ത്യയിൽ ഭർത്താവ് ഭാര്യയെ മാനസികമായും ശാരീരികമായും ഉപദ്രവിക്കുന്നു. എന്താണ് മികച്ച പ്രതിവിധി

ഇന്ത്യയിൽ ഭർത്താവ് ഭാര്യയെ മാനസികമായും ശാരീരികമായും ഉപദ്രവിക്കുന്നു. എന്താണ് മികച്ച പ്രതിവിധി

ഇന്ത്യയിൽ ഒരു ഭർത്താവ് തന്റെ ഭാര്യയെ മാനസികമായും ശാരീരികമായും ഉപദ്രവിക്കുകയാണെങ്കിൽ, പ്രതിവിധി തേടുന്നതിന് ഭാര്യക്ക് ഇനിപ്പറയുന്ന നടപടികൾ സ്വീകരിക്കാവുന്നതാണ്:

വിശ്വസ്തനായ ഒരു സുഹൃത്തിന്റെയോ കുടുംബാംഗത്തിന്റെയോ സഹായം തേടുക: ഭാര്യക്ക് താൻ വിശ്വസിക്കുന്ന ഒരാളെ സമീപിക്കാനും അവരുടെ സഹായവും പിന്തുണയും ആവശ്യപ്പെടാനും കഴിയും.

പോലീസിൽ പരാതി നൽകുക: ഗാർഹിക പീഡനത്തിൽ നിന്നുള്ള സ്ത്രീകളുടെ സംരക്ഷണ നിയമം 2005 പ്രകാരം ഭാര്യക്ക് ഭർത്താവിനെതിരെ ഗാർഹിക പീഡനത്തിന് പോലീസിൽ പരാതി നൽകാം.

ഒരു അഭിഭാഷകനെ സമീപിക്കുക: നിയമോപദേശവും പ്രാതിനിധ്യവും തേടുന്നതിനായി ഭാര്യക്ക് ഗാർഹിക പീഡനക്കേസുകളിൽ വൈദഗ്ധ്യമുള്ള അഭിഭാഷകനെ സമീപിക്കാം.

എൻ‌ജി‌ഒകളിൽ നിന്ന് സഹായം തേടുക: ഗാർഹിക പീഡനം നേരിടുന്ന സ്ത്രീകൾക്ക് പിന്തുണയും സഹായവും നൽകുന്ന നിരവധി എൻ‌ജി‌ഒകളുണ്ട്. സഹായത്തിനായി ഭാര്യക്ക് അത്തരം സംഘടനകളെ സമീപിക്കാം.

കൗൺസിലിംഗ് തേടുക: ഗാർഹിക പീഡനം മൂലമുണ്ടാകുന്ന വൈകാരിക ആഘാതം കൈകാര്യം ചെയ്യാൻ ഭാര്യക്ക് കൗൺസിലിംഗ് തേടാം.

ഗാർഹിക പീഡനം ഗുരുതരമായ കുറ്റകൃത്യമാണെന്നും ഭർത്താവിന് തടവും കൂടാതെ/അല്ലെങ്കിൽ പിഴയും ശിക്ഷ നൽകാമെന്നതും ശ്രദ്ധിക്കേണ്ടതാണ്. സഹായം തേടാനും അവളുടെ സുരക്ഷയും ക്ഷേമവും ഉറപ്പാക്കാൻ ആവശ്യമായ നടപടികൾ സ്വീകരിക്കാനും ഭാര്യ മടിക്കരുത്