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Sivagnanam Thamilselvan v. Vijayalakshmi Thamilselvan

Paid petition · Court of Appeals of Michigan, No. 349037 · judgment September 17, 2020


Certiorari denied · March 21, 2022
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

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 vio­ lation 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 Prece­ dent 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 u. City of Boise, 577 U.S. 306, 136 S.Ct. 685, 193 L.Ed.2d 694 (2016); Bosse v. Oklahoma, 137 S.Ct. 1,196 L.Ed.2d 1 (2016).

Counsel of record

For petitioner
Sivagnanam Thamilselvan

For respondent
Susan S. Lichterman
Jaffe Raitt Hever & Weiss, P.C.

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. May 16 2022
    Rehearing DENIED.
  2. Apr 20 2022
    DISTRIBUTED for Conference of 5/12/2022.
  3. Apr 12 2022
    Petition for Rehearing filed.
  4. Mar 21 2022
    Petition DENIED.
  5. Mar 02 2022
    DISTRIBUTED for Conference of 3/18/2022.
  6. Feb 15 2022
    Waiver of right of respondent Vijayalakshmi Thamilselvan to respond filed.
  7. Dec 06 2021
    Petition for a writ of certiorari filed. (Response due March 7, 2022)