No. 21-1076

Sivagnanam Thamilselvan v. Vijayalakshmi Thamilselvan

Lower Court: Michigan
Docketed: 2022-02-03
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: comity comity-doctrine divorce first-amendment fourteenth-amendment free-exercise no-fault-divorce religious-freedom subject-matter-jurisdiction
Key Terms:
DueProcess
Latest Conference: 2022-05-12 (distributed 2 times)
Question Presented (AI Summary)

Whether the petitioners' First and Fourteenth Amendment rights are violated

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the petitioners’ First and Fourteenth Amendment rights are violated, when Michigan Supreme Court, Michigan Court of Appeals and Trial Court prohibited petitioner, who is Hindu by religion, from following Hindu Law (one of the precepts of the : Hindu Religion) in India for parties divorce, and forced the parties to go through American no-fault divorce? The petitioner claims that the parties divorce in the State of Michigan was unconstitutional. Since, Michigan | States No-Fault divorce order abridged petitioner’s right to the free exercise of his Hindu religion in violation of the First Amendment made applicable to the states by the Fourteenth Amendment. This Honorable Court can reverse/vacate Michigan Court of Appeals Opinion pursuant to three SCOTUS caselaws: ; Wisconsin v. Yoder, 406 U.S. 205 (1972); Church of the Lukumi-Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520 (1993), and Sherbert v. Verner, 374 U.S. 398 (1963). ; 2. Whether Michigan Supreme Court, Michigan Court of Appeals, and Trial Court overruled U.S. Federal Supreme Court (SCOTUS) Precedent, its own Michigan Supreme Court and Court of Appeals Precedent that supported Petitioner’s Petition to dismiss the Respondent’s divorce Judgment on grounds of (i) Comity and (ii) Lack of Subject Matter Jurisdiction. Since Court Precedents are overruled, this Honorable ; Court can reverse/vacate the opinion pursuant to James v. City of Boise, 577 U.S. 306, 1386 S.Ct. 685, 193 L.Ed.2d 694 (2016); Bosse v. Oklahoma, 187 S.Ct. 1, 196 L.Ed.2d 1 (2016). | |

Docket Entries

2022-05-16
Rehearing DENIED.
2022-04-20
DISTRIBUTED for Conference of 5/12/2022.
2022-04-12
Petition for Rehearing filed.
2022-03-21
Petition DENIED.
2022-03-02
DISTRIBUTED for Conference of 3/18/2022.
2022-02-15
Waiver of right of respondent Vijayalakshmi Thamilselvan to respond filed.
2021-12-06
Petition for a writ of certiorari filed. (Response due March 7, 2022)

Attorneys

Sivagnanam Thamilselvan
Sivagnanam Thamilselvan — Petitioner
Sivagnanam Thamilselvan — Petitioner
Vijayalakshmi Thamilselvan
Susan S. LichtermanJaffe Raitt Hever & Weiss, P.C., Respondent
Susan S. LichtermanJaffe Raitt Hever & Weiss, P.C., Respondent