certificate
Querist :
Anonymous
(Querist) 17 January 2011
This query is : Resolved
Sir,
Wife and in-laws have done following ;
1)In marriage certificate my "resident of" is writen wrong purposefully.In one place I resided for particular time ie. 7 years. But the address changed 4 times. When getting married in the same place I changed to 4th address. There I lived for not more than 4 months. And then shifted to my native place.
My in-laws has putted my 4th address in marriage certificate issued by wakhf board.
The marriage certificate issued by wakhf board is based on "as per marriage record". I think ie. Nikah naama in muslim.
I am not having copy of nikah naama. I do not know what resident of address they have put in my nikah naama. There should be address proof. But I do not have any kind of address proof of that particular place.
They have done this so that while applying for "petion to conjugal rights", from my native place, problem of jurisdiction will arrive.
On which basis Can I apply from my native place?
Also there is no proof that I am resident of one particular place. Even though I resided there for working and studying for less than 7 years.
I do not have Ration card, Voters ID, or Gas connection or any property in that place.
Kindly guide.
with regards
Khaleel Ahmed Mohammed
(Expert) 17 January 2011
You have not furnished clearly about your difficulty.
The marriage certificate issued by the Waqf Board totally based on the record provided by the Qazi.At the time of Nikha the Qazi fill the form with the required information given by the parties, such as name,occu, age, address,etc.
There will be no jurisdiction problem, if there is any address change of the respondent.Where the petitioner lived , she can file a case of ROC.
Querist :
Anonymous
(Querist) 18 January 2011
You have not furnished clearly about your difficulty.
Sir
I had married in Feb 2010 at place A of my wife.At place A I lived with my wife alone for 1 month and in her fathers house for next 1 month. After that I left for my native place B. But my wife did not come with me giving the reason she is having pregnacy problem. Even after overcomming the problem she was not comming. When I said some harsh words to her on phone, her family members recorded the conversation. After that her father phoned and said I am criminal and he does not want to send his daughter. He has recorded every thing and has proof of every thing what I said unknowingly.
When I recollected from starting I came to the conclusion that she is having pychological problems. Ie. why her father did not send her to my native place B. But in INDIA it is very difficult to prove it.
Now since dowry act is there she may file dowry case. Hence when I went to file conjugal right case problem of jurisdiction arrived at place B. The father had done such a big master plan. But still according to Muslim personal law I was able to file the case.
Is this "conjugal right case" has any importance in "Dowry case". Since that act is totally non-bailable, non-cognizable and non-compoundable.
