Answer: A wife can file a case for divorce in India as their marriage is solemnized and registered in India. Sec. 19 of the Hindu Marriage Act provides the jurisdiction of the Court to which the petition shall be presented.

Rulings: 2006 ( Supp ) B.C.R. 93

1. Satya VS Teja – AIR 1975 SC 105
2. Y. Narasimha Rao Vs Venkatlaxmi 1991 SCC (3) 451

Answer: Yes, though the U.S. Court has passed an order for custody of the child. Still, the Indian Court can entertain a petition for custody as the welfare of the child is a paramount consideration.

Rulings :

1. Sarita Sharma vs Sushil Sharma - 2000 (2) ALD Cri 110, 2000 CriLJ 1459, 2000 1 SCR 915, 2000 (1) UJ 623 SC
2. Nithya Anand Raghavan vs State Of NCT Of Delhi - AIR 2017 SC 3137

Answer: Yes, they can file a case for divorce in India through the Power of Attorney

Rulings :

1. Harshada Bharat Deshmukh Vs Bharat Appasaheb Deshmukh -  AIR 2018 Bombay 148
2. Mr. Mukesh Narayan Shinde Vs Mrs. Palak Mukesh Shinde - 2012(3) ALL MR 521

Answer: O.8, R. 9 of Civil Procedure Code 1908 provides for subsequent pleadings. It shall be presented by the leave of the Court and upon such terms as the Court thinks fits.

Answer: Yes, after enactment of Sec. 89 of the Code of Civil Procedure 1908, the Legal Services Authorities Act, 1997 and the Arbitration and Conciliation Act, 1996, Arbitration, Conciliation, Mediation, Lok Adalat are being used as other methods of dispute resolution.

Answer: An N.R.I., a P.I.O., or a Foreigner (American, Canadian, British, and others) who wants to marry in India has the following choices:

1. Religious Marriage Ceremony
2. Civil Marriage Ceremony
3. Religious Marriage Ceremony in India

In India, a religious marriage ceremony is considered a legal marriage. However, registration of marriage is now a legal requirement in most of the states in India. Moreover, for visa and immigration purposes, a formal marriage certificate from the Registrar of Marriages is required. There are different rules and regulations for other religions. For example, there are the Hindu Marriage Act, Muslim Marriage Act, and Christian Marriage Act; for the Parsee, there is the Parsee Marriage and Divorce Act.

(a) Hindu Marriage Ceremony

The Hindu Marriage Act 1955 applies to Hindus, Jains, Sikhs, and Buddhists. A religious marriage that has already been solemnized can be registered under the Hindu Marriage Act of 1955. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains, or Sikhs or where they have converted to any of these religions. The Hindu Marriage Act provides the conditions of a marriage where the bridegroom should be 21 years old and the bride 18 years old. They both should not be within the degree of a prohibited relationship.

Suppose one of the parties is a citizen of another country like the U.S.A., U.K., or another. In that case, the registrar may request a "no objection letter" from the Embassy or Consulate of that country and also may request proof of termination of any previous marriages before a marriage certificate is issued.

For example, suppose one of the parties is a U.S. citizen. In that case, the registrar may request a "no objection letter" from the U.S. Embassy or Consulate and request proof of termination of any previous marriages before a marriage certificate is issued.

The documents required for registering a marriage under the Hindu Marriage Act are as follows:

1. The application form is duly signed by both the husband and wife.
2. Documentary evidence of date of birth of parties (Matriculation Certificate / Passport / Birth Certificate): The minimum age of both parties is 21 years at the time of registration under the Special Marriage Act.
3. Ration card of husband or wife whose area S.D.M. has been approached for the certificate
4. Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage, and nationality
5. Two passport-size photographs of both parties and one marriage photograph
6. Marriage invitation card, if available
7. If the marriage was solemnized in a religious place, a certificate from the priest who solemnized the marriage is required.
8. Affirmation that the parties are not related to each other within the prohibited degree of relationship as per the Hindu Marriage Act or Special Marriage Act, as the case may be
9. Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower
10. If one of the parties belongs to a religion other than Hindu, Buddhist, Jain, or Sikh, a conversion certificate from the priest who solemnized the marriage is required.
11. All documents, excluding receipts, should be attested by a Gazetted Officer.

Verification of all the documents is carried out on the date of application, and a day is fixed and communicated to the parties for registration. On the said day, both parties and a Gazetted Officer who attended their marriage need to be present before the S.D.M. The marriage certificate under the Hindu Marriage Act is issued on the same day or within a few days.

1. Civil Marriage Ceremonies in India

Parties who do not wish to marry in a religious ceremony can opt for a civil ceremony under the Indian Special Marriage Act of 1954.

In case a marriage between an Indian and a foreign national takes place in India, generally, it's required to file a notice of intended marriage with a Marriage Registrar of your choice in India. That notice is required to be published for the stipulated 30 days. At the end of the 30 days, the Marriage Registrar is free to perform the marriage. The notice of intended marriage can only be given in India if at least one partner is permanent and the other is temporarily resident in India.

If one partner is residing in a foreign country, then the partner who is resident in India will have to fill out the "Marriage Notice" collected from the Marriage Registration Office of his/her choice in India and send it to his/her partner in the foreign country who will also have to fill it out. This "Notice" should be returned to the partner in India, who must re-submit it at the Marriage Registration Office. After the stipulated waiting period of 30 days, the marriage can take place in India. Under the Special Marriage Act 1954, a certificate showing the signatures of the persons married, the registrar, and the witnesses will be issued. This certificate is required as proof of marriage and when applying for a visa to a foreign country.

The following documents are required for both the partners:

1. A valid Passport
2. Original birth Certificate showing parents' names
3. If the person concerned is widowed, the original death certificate of the deceased spouse
4. If divorced, a copy of the final decree
5. Documentary evidence regarding the parties' stay in India for more than 30 days (ration card or report from the concerned S.H.O.)

The American citizen who wishes to participate in a civil marriage ceremony may be required to present to the marriage officer a "no objection letter" from the U.S. Embassy or Consulate and proof of termination of any previous marriages. Similarly, a citizen of another foreign country may be required to present to the marriage officer a "no objection letter" from the Embassy or Consulate of his country and proof of termination of any previous marriages.

Under the Special Marriage Act, the parties generally are required to wait at least 30 days from the date of initial application to formalize the marriage so that the marriage officer can publish a newspaper ad, allowing for the opportunity for any objections to the marriage to be voiced.

Answer:

1. You shall have to show that you have separated for more than one year to be eligible to file a mutual consent divorce petition
2. MCD is the quickest and the most hassle-free way to get divorced
3. You shall have to file the MCD petition enclosing your identity proof, proof of marriage and two photographs
4. In the said MCD petition, you should clearly mention the terms, if any, i.e., any amount to be paid to one party by him or other
5. You can also mention that there is no claim from each other by both the parties
6. After filing the same, the next date after six months will be fixed for a hearing, which is called the 2nd motion
7. On the day of the 2nd motion, the Judge will ask both parties whether they are still divorced or not and being confirmed; he will pronounce the decree of divorce
8. The certified copy of the said decree of divorce shall have to be collected after a few days when it is signed

Answer: Yes, the legal heir can continue the prosecution in the criminal case with the permission of the Court ( Umesh Kanjibhai Raja vs Nitin Rasiklal Parikh And Anr. - 2000 Cri L.J. 1622)

Answer: The legal representative of the accused cannot be made to face trial after the death of the accused ( Sivkami Sundari Vs Michael Fernando Madras H.C.)

-Smt Girija Vs K. Vinay Karnataka HC - 2005 (1) ALD Cri 2, I (2004) BC 345, ILR 2003 KAR 3252

Answer: Yes, they can

1. Ganesh Bandu Badgujar Vs Mangalabai Ashokbhai - 2014 (1) BCR (Cri) 707
2. Sadhwi Pragyna Singh Thakur vs State Of Maharashtra - 2010 (3) B.C.R. 167
3. Ajay Kumar Agarwal And Anr. vs State Of Jharkhand And Anr - 2003 Cri L.J. 3088
4. K. Chathukutty And Ors. vs K.S. Prasanna Venkitesan And Anr - 2007 Cri L.J. 1120

Answer: An appeal lies to the High Court with special leave application Sec. 372 and 378 of Cr.P.C. Legal heirs cannot be victims as stated in S. 372 of Cr.P.C.

Answer:

1. We believe that the relevant provisions of S. 13 of the Code are capable of being interpreted to secure the required certainty in the sphere of this branch of law in conformity with public policy, justice, equity, and good conscience, and the rules so evolved will protect the sanctity of the institution of marriage and the unity of family which are the cornerstones of our societal life.
2. Clause (a) of S. 13 states that a foreign judgment shall not be recognized if it has not been pronounced by a court of competent jurisdiction. We believe this clause should be interpreted to mean that only that Court will be a court of competent jurisdiction which the Act or the law under which the parties are married recognizes as a court of competent jurisdiction to entertain the matrimonial dispute. Any other court should be held to be a court without jurisdiction unless both parties voluntarily and unconditionally subject themselves to the jurisdiction of that Court. The expression "competent court" in S. 41 of the Indian Evidence Act must be construed likewise.
3. Clause (b) of S. 13 states that if a foreign judgment has not been given on the case's merits, the courts in this country will not recognize such judgment. This clause should be interpreted to mean (a) that the decision of the foreign Court should be on a ground available under the law under which the parties are married and (b) that the decision should result from the contest between the parties. The latter requirement is fulfilled only when the respondent is duly served and voluntarily and unconditionally submits himself/herself to the jurisdiction of the Court and contests the claim or agrees to the passing of the decree with or without appearance. A mere filing of the reply to the claim under protest and without submitting to the jurisdiction of the Court, or an appearance in the Court either in person or through a representative for objecting to the jurisdiction of the Court, should not be considered as a decision on the merits of the case. In this respect, the general rules of acquiescence to the jurisdiction of the Court, which may be valid in other matters and areas, should be ignored and deemed inappropriate.
4. The second part of a clause of S. 13 states that where the judgment is founded on a refusal to recognize the law of this country in cases in which such law is applicable, the judgment will not be recognized by the courts in this country. The marriages that take place in this country can only be under either the customary or the statutory law in force in this country. Hence, the only law that can apply to matrimonial disputes is the one under which the parties are married and no other law. When, therefore, a foreign judgment is founded on a jurisdiction or on a ground not recognized by such law, it is a judgment that is in defiance of the law. Hence, it is not conclusive of the matters adjudicated therein and, therefore, unenforceable in this country. For the same reason, such a judgment will also be unenforceable under clause (f) of S. 13 since such a judgment would breach the matrimonial law in force in this country.
5. Clause (d) of S. 13, which makes a foreign judgment unenforceable on the ground that the proceedings in which it is obtained are opposed to natural justice, states no more than an elementary principle on which any civilized justice system rests. However, in matters concerning family law, such as matrimonial disputes, this principle has to be extended to mean more than mere compliance with the technical rules of procedure. If the rule of Audi alteram partem has any meaning regarding the proceedings in a foreign court, for the rule, it should not be deemed sufficient that the respondent has been duly served with the process of the Court. It is necessary to ascertain whether the respondent could present or represent himself/herself and contest effectively the said proceedings. This requirement should apply equally to the appellate proceedings if and when they are filed by either party. Suppose the foreign Court has not ascertained and ensured such an effective contest by requiring the petitioner to make all necessary provisions for the respondent to defend, including the costs of travel, residence, and litigation where necessary. In that case, it should be held that the proceedings breach the principles of natural justice. For this reason, we know that the rules of Private International Law of some countries insist, even in commercial matters, that the action should be filed in the forum where the defendant is either domiciled or is habitually resident. It is only in special cases, called special jurisdiction, where the claim has some real link with another forum, that a judgment of such forum is recognized. The Judgments Convention of the European Community also recognizes this jurisdictional principle. If, therefore, the courts in this country also insist as a matter of rule that foreign matrimonial judgment will be recognized only if it is of the forum where the respondent is domiciled or habitually and permanently resides, the provisions of clause (d) may be held to have been satisfied.
6. The provision of clause (e) of S. 13, which requires that the courts in this country will not recognize a foreign judgment if it has been obtained by fraud, is self-evident. However, in view of the decision of this Court in Smt Satya v. Teja Singh, it must be understood that the fraud need not be only concerning the merits of the matter but may also be in relation to jurisdictional facts.
7. From the aforesaid discussion, the following rule can be deduced to recognize a foreign matrimonial judgment in this country. The jurisdiction assumed by the foreign Court, as well as the grounds on which the relief is granted, must be in accordance with the matrimonial law under which the parties are married. The exceptions to this rule may be as follows: (i) where the matrimonial action is filed in the forum where the respondent is domiciled or habitually and permanently resides, and the relief is granted on a ground available in the matrimonial law under which the parties are married; (ii) where the respondent voluntarily and effectively submits to the jurisdiction of the forum as discussed above and contests the claim which is based on a ground available under the matrimonial law under which the parties are married; (iii) where the respondent consents to the grant of the relief although the jurisdiction of the forum is not in accordance with the provisions of the matrimonial law of the parties.

Answer:

Criminal Cases are classified in the Criminal Manual as follows:

Class 'A' cases- The cases which are (i) TRUE and (ii) wherein an accused is tried and, in the absence of conclusive evidence, is acquitted.

Class' B' cases- Wherein no offence has been committed by the accused or anyone else, but wherein the complaint is found to be false and maliciously false.

Class' C' cases- Wherein no offence has been committed by the accused or anyone else, but wherein the case is found to be "neither true nor false" or "false but not maliciously false".

The above A.B.C. cases are also referred to as A Summary, B Summary, and C Summary.

The procedure to be followed by the Magistrate after receipt of B-summary report from the police:-

In criminal cases, the Magistrate sometimes issues an order u/s 156(3) of CrPC for investigation by police. In such cases, after investigation, the police can submit the following types of reports as provided in the Criminal manual. A-summary report, B-summary report, or C-summary report. [ Explain Each]

In case of cases where the Magistrate gets a B-summary report from the police, the Magistrate has to proceed as follows:-

1. After going through the contents of the investigating papers filed u/s 173 of P.C., the Court is of the opinion that the investigation has not been done properly. The Court has no jurisdiction to direct the police to file the charge sheet. However, the Court may require the police for re or further investigation and submit a report, which power is inherent under section 156(3) of Cr.p.c. However, before taking cognizance, such exercise has to be done. This view is supported by the decisions of the Hon'ble Apex Court in a decision reported in A.I.R. 1968 S.C. 117 between Abhinandan Jha and Dinesh Mishra (para 15) and also Full Bench decision of Apex Court reported in (1980) S.C.C. 91 between Kamalapati Trivedi and State of West Bengal.
2. If the Court is of the opinion that the material available in the 'B' Summary Report makes out a cognizable case against the accused and the same is sufficient to take cognizance and to issue process, then the court has to record its opinion under Sec.204 of P.C., and the Court has got the power to take cognizance on the contents of 'B' Summary Report and to proceed against the accused, by the issuance of process.
3. If the Court is of the opinion that the 'B' Summary Report submitted by the police has to be rejected, then by expressing its judicious opinion, after applying its mind to the contents of the 'B' report, the Court has to reject the 'B' Summary Report.
4. After the rejection of the 'B' Summary Report, the Court has to look into the private complaint or Protest Petition, as the case may be, and contents therein to ascertain whether the allegations made in the Private complaint or the Protest Petition constitute any cognizable offence, and then it can take cognizance of those offences and thereafter, provide an opportunity to the complainant to give sworn statement and also record the statements of the witnesses if any on the side of the complainant as per the mandate of Sec.200 P.C.
5. If the Court is of the opinion that the materials collected by the police in the report submitted under section 173of Cr.p.c. are not so sufficient, however, there are sufficient materials which disclose that a cognizable offence has been committed by the accused, the Court can still take cognizance of the offence/s under section 190 along with 200 Cr.P.C. based on the original complaint or the protest petition as the case may be. After taking cognizance and recording the sworn statement of the complainant and statements of witnesses, if any and also looking into the complainant/Protest Petition and contents therein, if the Magistrate is of the opinion that, to ascertain the truth or falsity of the allegations further inquiry is required. He thinks it fit to postpone the issue of the process. He can still direct the investigation under section 202 of Cr.p.c. to be made by a Police officer or by such other officer as he thinks fit to investigate and submit a report for the purpose of deciding whether or not there is sufficient ground for proceeding against the accused. In the above eventuality, care should be taken to ensure that the case is not referred to the police under section 156(3) of Cr.p.c once the Magistrate takes cognizance and starts inquiring into the matter himself.
6. After taking such report under section 202 of Cr.P.C. and looking at the entire materials on record, if the Magistrate is of the opinion that there are no grounds to proceed against the accused, then the Magistrate is bound to dismiss the complaint or the protest Petition u/s.203 of P.C. as the case may be.
7. If, in the opinion of the Magistrate, there are sufficient grounds to proceed against the accused, on examination of the allegations made in the Protest Petition or the complaint, as the case may be and also after perusal of the sworn statement, then he has to record his opinion judiciously, and issue summons to the accused by exercising power u/s.204 of Cr.P.C.