Best lawyer in Delhi for Cheque Bounce Cases is available to assist you if you are having problems with checks or if you have checks from debtors that have bounced or been dishonored.
Summons for a under section 138 NI Act (Negotiable Instruments Act)
In addition to this, there are a number of other issues that may arise. For example, you might receive a court summons for a 138 NI (Negotiable Instruments Act) complaint, or you might receive a cheque bounce notice.
In either case, you should only use the services of the any Lawyer Firm, which is the most reputable and laudable firm.
We are in high demanded as the Best Lawyer For Cheque Bounce Cases in Delhi because our services are among the best in India, meeting and resolving all of your wants and inquiries in the shortest amount of time, within your predetermined budget, and above and above your expectations.
Additionally, it has been noted that most civil wrongs have been transformed into criminal offenses by key statutes like the Negotiable Instruments Act of 1881.
Hence, in accordance with Section 138 of the Negotiable Instruments Act, 1881, if you are in discharge of any such legal liability issue and a banker dishonored your check, you will undoubtedly be held accountable for your actions and may face a two-year prison sentence or a fine that could equal twice the amount of the check.
Cheque Bounce Case Stages
Notice:
When a case involving a bounced check is brought before an advocate, the advocate is required, at the client’s request, to serve legal notice to the check writer within 30 days of the date of the bounced check, requesting an amicable resolution or demanding payment of the amount that was not paid on the check, and giving the recipient 15 days to respond, resolve the matter, and attaching a copy of the bank memo.
Instead of starting from the date the notice was sent, the opposing party has 15 days to resolve the dispute after receiving it. There is no basis for legal action, and the client must wait the full fifteen days for the other party to react, resolve the issue, and close the file. The holder of the check may launch a criminal case before the relevant court within 30 days of the stated time expiring if the other party did not answer or did not wish to resolve the situation within the allotted 15 days after the supplied term was over. If the delay exceeds the allotted thirty days, the court may excuse it if adequate justification is shown.
Filing complaint:
It is necessary to file the complaint with the jurisdictional magistrate no later than thirty days after the cause of action accrues. At the moment of filing, the complainant must be in front of the magistrate in person. Since most courts would not hear cases in the complainant bank’s jurisdiction, the complaint should be filed in the accused bank’s jurisdiction. The Honorable Judge will forward it to the Section for review and posting once section staff members confirm that the papers and jurisdiction are correct.The file will be sent to the Hon’ble Judge if it is satisfied. When the documents are checked and shown, the originals must be presented to the relevant authority. The magistrate will post the matter for a sworn statement if the Honorable Judge is satisfied with the Check N Put up and the Case.
Oath of Office/Sworn Statement:
The complainant must now go into the witness box and provide more information about the case. In the event that the magistrate finds sufficient evidence to support the complainant’s allegations, he will summon the accused.
Look of the Accused / Appearance of Accused:
The accused is required to appear in court upon receipt of the summons. Recording of Plea would be the next step if the accused shows up. The judge will issue an arrest warrant for him if he fails to show up in court. Following their appearance, the accused is expected to appear in court and get bail, either with or without sureties. The accused may post cash security in lieu of a surety if he is unable to provide one. After the case is over, the accused will receive their money back.
Plea Recording /Recording of Plea:
The accused will be asked by the court whether or not he committed the offense during the next phase. The accused will be punished right away by the court if he acknowledges his guilt. The court will post the case for evidence if he enters an innocence plea.
Proof / Evidence:
The process of providing the complainant’s evidence—known as the examination-in-chief—usually takes the form of an affidavit. He must present all supporting documentation for his claim, including copies of notification, dishonor memos, and bounced checks. The accused will later cross-examine the plaintiff. If the complaint has more witnesses, then their testimony must also be documented.
Declaration of the Accused/Statement of the Accused:
Following the conclusion of the complainant’s side testimony, the accused will be asked several questions by the court regarding his guilt. An accused person must provide his or her version of events.
Evidence in defence/ Defence Evidence:
The accused will have a chance to present his evidence to the court following the accused’s statement. The accused may also present witnesses and supporting documentation for his case. The complainant will cross-examine the accused and his witnesses. The case is then put out for arguments.
Arguments / Arguments:
Before the court, the accused and the complainant will present their cases. They can also provide Supreme Court and high court rulings to bolster their arguments. The court is typically also provided with a written argument that summarizes the oral argument.
Evaluation/Judgment:
The case is posted for judgment following the arguments. If the accused is found guilty by the court of the crime, he will either be fined or put in jail. He will be exonerated by the court if he is innocent. Within 30 days of the conviction, the accused may seek an appeal with the sessions court.
In certain cases, you may even be subject to both of these penalties.
In these circumstances, significant difficulties include:
The check’s issuance and execution are verified.
All statutory facts are included in the notice; it is deemed to have been served;
it is a legally enforceable debt;
it is the liability for which the check is issued;
and the notification is sent in accordance with the applicable notice period.
Naturally, each of the aforementioned diverse defenses is open to the accused to fully defend an activity, contingent upon the specific issues or circumstances.
Call Advocate Mandeep Singh
Best Lawyer For Cheque Bounce Cases in Delhi & summons issued for bail in 138 NI (Negotiable Instruments Act)
A formal letter addressed to another person or entity by a lawyer or an individual is known as a legal notice. The following details are frequently included in a LEGAL NOTICE FORMAT FOR CHEQUE BOUNCING
2. Name and address of the sender: This should contain the sender’s name and address as well as any contact information they may have, including a phone number and email address.
3. Name and address of the recipient: Include the recipient’s name and address here, along with any other information you need to get in touch with them, including their phone number and email address.
4. Subject: The subject line should make it clear why the legal notice is being sent.
5. Date: The day the legal notice was delivered.
6. Salutation: If the recipient is a firm or an organization, the salutation should use the recipient’s name or their formal designation.
7. Notification body: Clearly describe the legal concerns and the sender’s demands in the notice body. It must be formal, succinct, and include all pertinent information, including facts, details, and, if necessary, legal stipulations.
8. Conclusion: The conclusion should include a summary of the sender’s demands and a time frame by which the recipient must react.
9. Signature: The sender or their attorney must initial the legal notification and provide their name and title
10. Enclosures: They should be mentioned at the conclusion of the legal notice if there are any, such as documents or supporting documentation.
Example of a LEGAL NOTICE FORMAT FOR CHEQUE BOUNCING : 1
Ref. No. LN/2021-2022/001 Dated: 17/02/2024
Final Legal Notice for Recovery of Loan Dues
REGD. A.D.
LEGAL NOTICE’S FORMAT
To,
Mr. AXXX (A/c No. 005), W/o. JXXX
XXX, New Block 45, XXXX, East Delhi-110092.
Sub: LEGAL NOTICE FORMAT FOR CHEQUE BOUNCING for Dues Recovery for Principal amount of Rs. 1, 00,000/-(One Lakh Only).
Dear Sir/ Madam,
Pursuant to the instructions from and on behalf of my client “XXXXXXXX Co-Operative (U) Thrift & Credit Society Ltd.”, through its Reg. No. XXXXX, under Delhi Co-Operative Societies Act,2003, I do hereby serve you with the following Legal Notice: –
That my client is a Co-Operative (U) Thrift & Credit Society Ltd. under the name and style of “M/sXXXXXXXXXX Co-Operative (U) Thrift & Credit Society Ltd.”
That my client is engaged in the business of Providing small Micro Loans and Finance of the Cooperative Societies Act, 2003 for its Members etc
That against your valid and confirmed Loan Application my client has provided you a Emergency loan in time on credit basis as you have running Credit A/c No. 005 in the account books of my client operated in due course of business for Rs. 1,00,000.00(One Lakh Only).
That we have already sent you LEGAL NOTICE FORMAT FOR CHEQUE BOUNCING Dated 17/02/2024 thru Registered post dated thru Acknowledgement No. “EDXXXXX86IN” although you have acknowledged the receipt of such Notice.
That inspite of acknowledging the liability of payment of principal balance of Rs. 1,00,000.00(One Lakh Only), you have been miserably failed to make payment of the said amount due to my client from you deliberately with malafide intent, hence you are liable to pay the said principal balance amount of Rs. 1,00,000.00(One Lakh Only), along with interest till date of Rs. 25,500.00(Twenty Five Thousand Five Hundred Only), Other Cost of Rs.1,100/- (Eleven Hundred Only) and Legal Cost @10.50% of Rs. 13,293.00(Thirteen Thousand Two Hundred Ninety Three Only) and Recovery Charges @ 5.0% of Rs. 6,630.00(Six Thousand Six Hundred and Thirteen Only) from the date of due till actual realization of the said sum as is generally and customarily prevailing in the trade usages, which comes to Rs. 1,46,223.00 (One Lakh Forty Six Thousand Two Hundred and Twenty Three Only).
That thus you are liable to pay the total amount of Rs. 1, 46,223.00 (One Lakh Forty Six Thousand Two Hundred and Twenty Three Only), to my above named client and my above named client is entitled to recover the same from you.
7- That my client has given you enough time Due to COVID-19 Pandemic and requested you several times through telephonic message and by sending personal messenger to your House for release of the said outstanding payment of Rs. 1, 46,223.00 (One Lakh Forty Six Thousand Two Hundred and Twenty Three Only), but you have always been dilly delaying the same on one pretext or the other and so far have not paid even a single paisa out of the said outstanding undisputed amount.
I, therefore, through this Notice finally call upon you to pay to my client Rs. 1,46,223.00 (One Lakh Forty Six Thousand Two Hundred and Twenty Three Only), along with Future Interest @ 15.5% % p.a. from the date of notice till actual realization of the said amount, together with Legal Notice Fees of Rs. 5,000.00 (Five Thousand Only), to my client either in cash or by demand draft or Cheque which ever mode suits you better, within clear 10 days from the date of receipt of this notice, failing which my client has given me clear instructions to file civil as well as criminal lawsuit for recovery and other Miscellaneous proceedings against you in the competent court of law and in that event you shall be fully responsible for the same.
A copy of this LEGAL NOTICE FORMAT FOR CHEQUE BOUNCING has been preserved in my office for record and future course of action.
Example of a LEGAL NOTICE FORMAT FOR CHEQUE BOUNCING : 2
[Legal Notice in Capital Letters and Bold]
[Sender’s Name and Address] (Telephone and email address)
[Date]
Address and name of the recipient (Telephone and email address)
[Include the Justification for Sending the LEGAL NOTICE FORMAT FOR CHEQUE BOUNCING]
Sincere greetings,
[Material in the Notice]
We insist that you [Mention the Requests of the Sender] right away. In order to avoid having to start the required legal procedures against you without further notice or notification, we kindly ask that you answer to this letter within [Mention the Deadline for Response].
Signing off
Sincerely,
[Name and title of the sender or that of their attorney]
Please be aware that the format shown above is simply an example and might change based on the precise specifications of the legal notice. For the purpose of creating and delivering a legal notice, it is advised to seek legal advice from a professional.
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NCLT Invites Applications For The Post of Law Research Associate
NCLT Invites Applications For The Post of Law Research Associate
For solely contractual positions, the National Company Law Tribunal (NCLT) is accepting applications for the position of Law Research Associate in each of its benches.
Locations: Mumbai, Hyderabad, Ahmedabad, and Allahabad.
Five posts in total.
Monthly compensation: Rs. 60,000
Education requirements: LL.B. degree with a minimum cumulative GPA of 50%.
Qualifications:
• Candidates may only apply for the position of Law Research Associate if they have passed all of their exams during the course of their studies;
• Candidates must have earned their law degree or master’s degree no earlier than two years prior to the advertisement’s date of publication or by any other date specified therein.
Candidates pursuing a postgraduate degree in law or any other degree or program requiring their compulsory attendance elsewhere, during part of the expected period of engagement as research associates, are not eligible to apply for the position of law research associate.
• The candidate must have research and analytical skills, writing abilities, and the ability to retrieve desired information from various search engines/processes, such as eSCR, Manupatra, SCC Online, LexisNexis, Westlaw, etc.
Mutual Consent Divorce Legal Procedure Cost and Time Steps in India
भारत में आपसी सहमति से तलाक कानूनी प्रक्रिया लागत और समय कदम
Mutual Consent Divorce Legal Procedure Cost and Time Steps in India
Legal Process Fees and Time Frames for Mutual Consent Divorce in India:
भारत में आपसी सहमति से तलाक के लिए कानूनी प्रक्रिया लागत और समय कदम:
पारस्परिक तलाक दाखिल करने से पहले महत्वपूर्ण शर्तें
Crucial Requirements before initiating a Mutual divorce
Living Apart For At Least A Year: The male and female partners need to live apart for a minimum of a year. They must demonstrate in court that they have been living apart and not exercising their marital rights for a minimum of a year. • (कम से कम 1 वर्ष तक अलग रहना: पुरुष और महिला दोनों भागीदारों को कम से कम 1 वर्ष तक अलग रहना होगा। उन्हें अदालत में खुद को साबित करना होगा कि वे अलग रह रहे हैं और कम से कम एक साल से अपने वैवाहिक अधिकारों का उपयोग नहीं कर रहे हैं।)
There Can Be No Adjustment: They have attempted every arrangement possible to coexist. However, they have come to the realization that no adjustment is conceivable and they cannot coexist. (• कोई समायोजन संभव नहीं है: उन्होंने साथ रहने के सभी तरीके आज़माए हैं। लेकिन उन्हें एहसास हो गया है कि वे एक साथ रहने में असमर्थ हैं और कोई समायोजन संभव नहीं है।)
Consent from both partners: For a couple to separate, both parties’ consent is required. It is necessary for both parties to be prepared to part ways. (• दोनों साझेदारों की स्वीकृति: साझेदारों के अलग होने के लिए दोनों साझेदारों की स्वीकृति महत्वपूर्ण है। दोनों पार्टनर्स को एक-दूसरे से अलग होने के लिए तैयार रहना चाहिए)
Before pursuing a divorce by mutual consent, couples must take into account and satisfy a number of crucial requirements.
Depending on the jurisdiction, these requirements could differ slightly, but often consist of the following:
आपसी सहमति से तलाक लेने से पहले, जोड़ों को कई महत्वपूर्ण आवश्यकताओं को ध्यान में रखना चाहिए और उन्हें पूरा करना चाहिए। अधिकार क्षेत्र के आधार पर, ये आवश्यकताएँ थोड़ी भिन्न हो सकती हैं, लेकिन अक्सर इनमें निम्नलिखित शामिल होती हैं
Separation Period: Prior to filing for a divorce by mutual consent, there may be a requirement in many jurisdictions for a certain amount of time. The need that spouses have lived apart for a certain amount of time usually lasts between one and two years, depending on local regulations. (पृथक्करण अवधि: आपसी सहमति से तलाक के लिए आवेदन करने से पहले, कई न्यायालयों में एक निश्चित समय की आवश्यकता हो सकती है। स्थानीय नियमों के आधार पर, पति-पत्नी को एक निश्चित समय के लिए अलग रहने की आवश्यकता आमतौर पर एक से दो साल के बीच रहती है।)
Mutual consent: is required in order to dissolve the union and initiate divorce proceedings. It might not be possible to have a divorce by mutual consent if there is any disagreement or contestant. (आपसी सहमति: संघ को भंग करने और तलाक की कार्यवाही शुरू करने के लिए आवश्यक है। यदि कोई असहमति या विवाद हो तो आपसी सहमति से तलाक लेना संभव नहीं होगा।)
No Coercion or Undue Influence: Neither spouse should be able to compel the other to pursue a mutual consent divorce; instead, the decision to do so should be made voluntarily. (कोई जबरदस्ती या अनुचित प्रभाव नहीं: किसी भी पति या पत्नी को आपसी सहमति से तलाक लेने के लिए दूसरे को मजबूर नहीं करना चाहिए; इसके बजाय, ऐसा करने का निर्णय स्वेच्छा से किया जाना चाहिए।)
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No Pending Legal Cases: There shouldn’t be any more pending legal cases or disagreements between the partners, particularly ones that are marriage-related like situations involving domestic abuse or property issues. (कोई लंबित कानूनी मामला नहीं: साझेदारों के बीच अब कोई कानूनी मामला या असहमति लंबित नहीं होनी चाहिए, विशेष रूप से वे जो विवाह से संबंधित हों जैसे घरेलू दुर्व्यवहार या संपत्ति के मुद्दे से जुड़ी स्थितियां।)
Settlement Agreement: The parties need to come to a mutual understanding on significant matters like child support, visitation rights, custody, alimony, and the allocation of assets and debts. An essential component of the divorce application is this agreement. (निपटान समझौता: पार्टियों को बच्चे के समर्थन, मुलाक़ात के अधिकार, हिरासत, गुजारा भत्ता और संपत्ति और ऋण के आवंटन जैसे महत्वपूर्ण मामलों पर आपसी समझ बनाने की आवश्यकता है। तलाक के आवेदन का एक अनिवार्य घटक यह समझौता है।)
Counseling/Mediation (if necessary): In certain countries, counseling or mediation may be mandated or suggested as a means of ensuring that both parties have thought about reconciliation and are fully aware of the ramifications of divorce, particularly in cases where children are involved. (परामर्श/मध्यस्थता (यदि आवश्यक हो): कुछ देशों में, यह सुनिश्चित करने के साधन के रूप में परामर्श या मध्यस्थता अनिवार्य या सुझाई जा सकती है कि दोनों पक्षों ने सुलह के बारे में सोचा है और तलाक के प्रभावों के बारे में पूरी तरह से अवगत हैं, खासकर उन मामलों में जहां बच्चे हैं शामिल। )
Documentation: The marriage certificate, evidence of living apart for the required amount of time, photos, and any other paperwork requested by the court must all be gathered and submitted by both spouses.( दस्तावेज़ीकरण: विवाह प्रमाण पत्र, आवश्यक समय के लिए अलग रहने का सबूत, तस्वीरें, और अदालत द्वारा अनुरोधित कोई भी अन्य कागजी कार्रवाई दोनों पति-पत्नी द्वारा एकत्र और प्रस्तुत की जानी चाहिए।)
Court Appearance: Typically, both spouses must show up in person for the filing process and the final hearing. The judge may interrogate them to confirm their awareness of the terms of the divorce and their mutual assent. (अदालत में उपस्थिति: आमतौर पर, दोनों पति-पत्नी को फाइलिंग प्रक्रिया और अंतिम सुनवाई के लिए व्यक्तिगत रूप से उपस्थित होना होगा। न्यायाधीश तलाक की शर्तों और उनकी आपसी सहमति के बारे में उनकी जागरूकता की पुष्टि करने के लिए उनसे पूछताछ कर सकते हैं।)
Consent Affidavit: This document, which states that both parties are willing to divorce and agree to all terms and circumstances, may need to be signed by both spouses. ( सहमति शपथ पत्र: यह दस्तावेज़, जो बताता है कि दोनों पक्ष तलाक के लिए इच्छुक हैं और सभी नियमों और परिस्थितियों से सहमत हैं, दोनों पति-पत्नी द्वारा हस्ताक्षर किए जाने की आवश्यकता हो सकती है।)
Best Interests of the Child: If there are any children involved, their welfare, including matters of financial support, visitation, and custody, must be taken into consideration in the settlement agreement. The child’s best interests will be taken into account by the court.( बच्चे के सर्वोत्तम हित: यदि इसमें कोई बच्चा शामिल है, तो निपटान समझौते में वित्तीय सहायता, मुलाक़ात और हिरासत के मामलों सहित उनके कल्याण को ध्यान में रखा जाना चाहिए। न्यायालय द्वारा बच्चे के सर्वोत्तम हितों को ध्यान में रखा जाएगा।)
Divorce laws can differ; therefore it’s important to speak with a family law expert to learn about the particulars of your state. Getting legal counsel guarantees that all requirements are met and the divorce procedure runs smoothly. (तलाक के कानून अलग-अलग हो सकते हैं; इसलिए अपने राज्य की विशिष्टताओं के बारे में जानने के लिए पारिवारिक कानून विशेषज्ञ से बात करना महत्वपूर्ण है। कानूनी सलाह लेने से यह गारंटी मिलती है कि सभी आवश्यकताएं पूरी हो गई हैं और तलाक की प्रक्रिया सुचारू रूप से चलती है।)
Difference between a Contested Divorce and a Divorce by Mutual Consent is organized into paragraphs and includes:(विवादित तलाक और आपसी सहमति से तलाक के बीच अंतर को पैराग्राफ में व्यवस्थित किया गया है और इसमें शामिल हैं:)
Divorce grounds: In a divorce by Mutual Consent, the parties decide to dissolve their union peacefully, usually on the grounds that they want to live apart for a certain amount of time. Conversely, in a Contested Divorce, one partner files for divorce on certain grounds—like infidelity, cruelty, or abandonment—which the other partner may dispute.
Collaboration versus Disagreement: In a Mutual Consent divorce, the parties cooperate with one another in order to resolve matters such as asset distribution, child custody, and alimony after agreeing to end the marriage. Contrarily, Contentious Divorces are more likely to result in friction and legal fights between spouses who may differ on a number of issues, making the process more hostile.
Legal Costs: Because both parties collaborate, there are typically fewer court and legal expenses associated with a Mutual Consent divorce. Because of the longer court appearances and attorney hours associated with contested divorces, which are marked by protracted legal proceedings and negotiations, higher legal costs are frequently the consequence.
Length of the Process: Divorces by Mutual Consent are typically quicker, using a simplified procedure that might take anywhere from six to eighteen months, including required waiting times. Contested divorces can result in longer-lasting legal proceedings, often taking several years, due to court hearings, discovery procedures, and negotiations.
Court Procedures: Both spouses jointly file the petition and appear in court for a final hearing in mutual consent divorces, which need fewer court appearances. Court procedures are more involved in contentious divorces; each side presents their case to the judge during hearings, depositions, and legal arguments.
Mediation and therapy: In order to settle disputes in contentious divorces, several countries may mandate mediation or therapy. Such interventions are less prevalent in divorces involving mutual consent because the parties have already come to an arrangement.
Support and Custody of Children: Divorces based on mutual consent frequently lead to more cooperative child custody agreements since both spouses collaborate to create a parenting plan. Child custody disputes can arise in contentious divorces; the child’s best interests will be taken into consideration by the court when making custody decisions.
Settlement Agreement: In cases of mutual consent divorce, the parties must create a settlement agreement defining provisions pertaining to child support, property partition, and other issues. The terms of contentious divorces are usually set by the judge, who may need to step in to resolve disagreements.
Emotional Impact: Since both parties consent to the conditions of the divorce, mutual consent divorces typically have a reduced emotional impact. The spouses and any children involved may experience emotional exhaustion during contested divorces, which are characterized by conflict and dispute.
Finality and Appeal: Since both parties voluntarily consented to the terms, mutual consent divorce decrees are typically final and less likely to be challenged. The possibility of appeals in contested divorces may be higher, which would prolong the court proceedings.
It can be difficult to navigate the complexity of divorce; therefore, it is advised that you seek legal counsel to secure a peaceful and equitable settlement. Seek legal counsel from a family law specialist to comprehend the particular consequences inside your jurisdiction.
In order to finalize the legal procedure of a mutual divorce, both spouses usually need to furnish specific personal documents. To guarantee compliance with local legislation, it is imperative to speak with a family law professional in your area as the specific documents required may differ depending on the jurisdiction. But in general, the following personal records are typically needed for an amicable divorce:
आपसी तलाक की कानूनी प्रक्रिया को अंतिम रूप देने के लिए, दोनों पति-पत्नी को आमतौर पर विशिष्ट व्यक्तिगत दस्तावेज़ प्रस्तुत करने की आवश्यकता होती है। स्थानीय कानून के अनुपालन की गारंटी के लिए, अपने क्षेत्र के पारिवारिक कानून पेशेवर से बात करना अनिवार्य है क्योंकि आवश्यक विशिष्ट दस्तावेज़ क्षेत्राधिकार के आधार पर भिन्न हो सकते हैं। लेकिन सामान्य तौर पर, सौहार्दपूर्ण तलाक के लिए आमतौर पर निम्नलिखित व्यक्तिगत रिकॉर्ड की आवश्यकता होती है:
Identity Documents: Real photo identification for each spouse, such as a passport, driver’s license, or official government ID.
(पहचान दस्तावेज़: प्रत्येक पति या पत्नी के लिए वास्तविक फोटो पहचान, जैसे पासपोर्ट, ड्राइवर का लाइसेंस, या आधिकारिक सरकारी आईडी।)
Marriage Certificate: A copy of the certificate of marriage to confirm that the union is lawful.
(विवाह प्रमाणपत्र: यह पुष्टि करने के लिए कि विवाह वैध है, विवाह प्रमाणपत्र की एक प्रति।)
Proof of resident: Evidence demonstrating at least one spouse satisfies the jurisdiction’s resident criteria, such as utility bills, rental agreements, or other documentation.
Financial Records: Bank statements and income statements are examples of financial records. Statements from retirement accounts, investment accounts, and tax returns.
Documentation of Property Ownership: Titles or deeds for real estate, as well as records for other priceless assets held either Mutually or separately.
work Information: Documents proving income and financial situation, such as pay stubs or work contracts.
Insurance Documents: Information about any life, health, and other insurance plans that either spouse may have.
Debt documentation refers to details about pending loans, mortgages, credit card statements, and loan agreements.
Vehicle Documents: Titles and registration papers pertaining to the ownership of a vehicle.
Information about the Children: Birth certificates and any current custody or visitation orders for the children.
Proof of Separation (if required): If local laws need a separation period, proof of separation is documentation indicating the couples have lived apart for the necessary length of time.
Settlement Agreement: A thorough settlement agreement that details the terms and conditions that both parties have agreed upon, addressing things like child-related affairs, spousal support, and property distribution.
Affidavits or Declarations: Sworn declarations made by the parties attesting to the veracity of the data contained in the divorce decrees.
Documents that both spouses acknowledge as their consent to the divorce and give up their right to a trial are known as appearance waivers or consents.
To learn the precise documentation requirements in your country, always seek legal advice. This guarantees that you have all paperwork ready and accurately filed in order to facilitate a mutually beneficial divorce.
Due to local legislation governing divorce laws, the legal process for a divorce based on mutual consent varies depending on the jurisdiction. But I can give you a general rundown of the typical processes in a divorce proceeding by mutual consent:
Speaking with a legal advisor: It is recommended that both spouses seek legal advice from independent family law experts prior to starting the divorce process in order to fully grasp their legal rights and obligations.
Divorce Petition Filing: In the relevant family court, both spouses will Mutually file a divorce petition. In addition to stating the reasons for the divorce, the petition should contain information on the couple’s agreements for property division, alimony, child custody, and other pertinent topics.
Mandatory Waiting Period: In certain jurisdictions, the divorce cannot be finalized until a certain amount of time has passed after the petition has been filed. The purpose of this waiting period is to give spouses time to think over their choice.
Counseling/Mediation (if required): In certain jurisdictions, the court may mandate that couples participate in mediation or counseling sessions in order to help them work through disagreements and maybe reconcile.
Drafting and Signing Settlement Agreement: The parties will collaborate to develop a settlement agreement that specifies the terms and conditions of the divorce, maybe with the assistance of their respective attorneys. Typically, this agreement addresses matters like debt and asset distribution, spousal support, child custody, and child support.
Court Approval: The court is asked to approve the draft settlement agreement. The agreement is examined by the court to make sure it is reasonable and in the best interests of any affected children.
Court Appearance: For a quick hearing, both spouses might have to show up in court. In order to verify that neither party entered into the agreement under duress, the court may pose questions at this hearing.
Final Divorce Decree: A final divorce decree is granted when the court accepts the settlement agreement and expresses satisfaction with the procedures. The marriage is officially ended by this paper.
It’s important to remember that different jurisdictions may have different standards and processes, and that getting legal counsel from an experienced family law attorney is key to navigating the system successfully. Furthermore, some countries could provide streamlined or accelerated divorce procedures for uncontested or mutually consenting parties.
Numerous factors, like as jurisdiction, legal fees, case complexity, and the degree of cooperation between the spouses, can affect the cost and duration of a mutual consent divorce. Here are a few broad things to think about:
Attorney Fees: The price of legal counsel is a big consideration. Depending on the lawyer’s location and level of experience, prices can differ significantly. For uncontested divorces, some lawyers might charge a flat fee, while others would bill on an hourly basis.
Filing Fees: Depending on the jurisdiction, there are filing fees related to starting the divorce procedure. Usually, when the divorce petition is filed, the court will receive these costs.
Fees for Mediation or Counseling: Should mediation or counseling be selected or necessary during the process, there can be extra costs related to these services.
Documentation Costs: The total cost may also include the price of drafting legal documents, such as the settlement agreement and any necessary court filings.
Length: The amount of time needed to conclude a divorce by mutual consent varies. There are obligatory waiting periods in some countries, which can last anything from a few weeks to several months. The length of time can also be affected by how well the judicial system handles divorce proceedings.
Costs of Court Appearances: There can be additional expenses if a court appearance is necessary, such as transportation or possible pay loss if time away from work is required.
Notably, divorces that are uncontested or based on mutual consent typically happen more quickly and affordably than contentious divorces, which occur when the parties cannot agree on critical points. The overall cost and duration can also be influenced by the degree of collaboration between spouses, the intricacy of financial concerns, and the existence of children.
Seeking detailed information from a local family law attorney on expenses and timing is advised. On the basis of the particular rules and regulations that apply to your jurisdiction, they can offer advice. Furthermore, certain jurisdictions might have online resources, like family court websites, that provide costs and approximate processing times.
What Benefits Can Mutual Divorce Offer?
Time-saving: Filing a divorce by mutual consent can save you a ton of time. The consensual divorce process between the partners takes about six to eight months.
Less Stressful: You have both decided to divorce and have no concerns about property, maintenance costs, or child custody.
More Economical: The mutual divorce procedure does not require large financial outlays. Because it takes less time and you don’t have to pay the lawyers more money.
Of course, the following are some commonly asked questions (FAQs) on divorce in India based on mutual consent:
What is a divorce with mutual consent?
ANS: A mutual consent divorce is a procedure in which the parties to a marriage decide to dissolve it together and submit a Mutual divorce petition. It is a peaceful and uncontested method of ending the marriage.
In India, what are the grounds for a divorce by mutual consent?
ANS: The only basis for a divorce by mutual consent is if both parties have decided to dissolve their marriage after living apart for a predetermined amount of time, generally a year or longer.
In India, how long does it take to obtain a divorce with mutual consent?
ANS: Although the time frame varies, it usually takes between six and eighteen months, taking into account the required waiting period and judicial hearings. Factors including the volume of cases handled by the courts and the effectiveness of the legal system might affect the time.
How long must you separate before you may have a mutually consenting divorce?
ANS: In India, divorcing by mutual consent often requires a year of mandatory separation. Both spouses must live apart at this time.
Is a Mutual Consent Divorce Requiring Counseling or Mediation?
ANS: In order to make sure that both parties have truly agreed to the divorce and to look into the possibility of reconciliation, particularly if there are children involved, certain courts may advise or require counseling or mediation.
Is a Mutual Consent Divorce Requiring the Presence of Both Spouses in Court?
ANS: Generally speaking, both spouses must be present in court both throughout the filing process and the final hearing. This is to reaffirm their consenting to each other and respond to any queries the court might have.
What paperwork is needed for a divorce with mutual consent?
ANS: Typical paperwork consists of the marriage license, evidence that the parties lived apart for the necessary length of time, passports, and a Mutual divorce petition. An asset division, child custody, and alimony settlement agreement may also need to be submitted by the couple.
What Takes Place Should the Couple Have Kids?
ANS: The court will make sure that the settlement agreement covers child support, visitation rights, and custody in cases involving children. The child’s best interests will be the court’s first concern.
Is it possible to later contest the Mutual Consent Divorce Decree?
ANS: The divorce decree becomes enforceable as soon as the court issues it. Nonetheless, there can be justification for contesting the decree in extraordinary circumstances like fraud or coercion.
Does a Mutual Consent Divorce Require Legal Counsel?
ANS: Although it is not required, it is strongly advised that both spouses speak with separate attorneys to make sure their rights and interests are safeguarded at every stage of the procedure.
Please be aware that state-specific procedures and standards may differ in India. For counsel unique to your circumstance and jurisdiction, it is recommended that you consult with a family law practitioner.
IN THE COURT OF PRINCIPAL JUDGE (FAMILY COURT) DELHI
H.M.A. NO. ________ OF 2022
IN THE MATTER:
YYY
… Petitioner 1
AND
XXX
…Petitioner 2
INDEX
Sl. No.
Particulars
Page No.
1.
Memo of parties
2.
Petition for Dissolution of marriage by a decree of divorce by mutual consent under Section 13-B (1) of The Hindu Marriage Act, 1955.
3.
Affidavit of Petitioner No. 1
4.
Affidavit of Petitioner No. 2
5.
ANNEXURE-A(Colly)
The marriage photographs of the petitioners.
6.
ANNEXURE-B
The copy of the Voter ID Card of the Petitioner No. 1.
7.
ANNEXURE-C
The copy of the Aadhar card of the Petitioner No. 2.
8.
Application for Engaging counsels of petitioner No. 1 & 2
9.
Vakalatnama on behalf of Petitioner No. 1.
10.
Vakalatnama on behalf of Petitioner No. 2.
Dated:
PLACE: NEW DELHI
Through Counsel:
M…. SINGH,
Advocate
IN THE COURT OF PRINCIPAL JUDGE (FAMILY COURT) DELHI
H.M.A. NO. ________ OF 2022
IN THE MATTER:
YYY
Petitioner 1
AND
XXX
Petitioner 2
MEMO OF PARTIES
Shivangi Garg,
W/o XXX and
D/o Sh. Sudhir Kumar Bansal,
Resident of : …., Krishna Bhawan,
Durgapuri, Gali No.1, Shahdra Delhi=110032
…PETITIONER NO.1
A N D
XXX,
S/o Sh. Arun Garg,
Resident of : …., Krishna Bhawan,
Durgapuri, Gali No.1, Shahdra Delhi=110032
…PETITIONERNO.2
DELHI.
DATED:
Through Counsel:
M…. SINGH,
Advocate
IN THE COURT OF PRINCIPAL JUDGE (FAMILY COURT) DELHI
H.M.A. NO. ________ OF 2022
IN THE MATTER:
YYY
………. Petitioner 1
AND
XXX
……… Petitioner 2
MEMO OF PARTIES
Shivangi Garg,
W/o XXX and
D/o Sh. Sudhir Kumar Bansal,
Resident of : …., Krishna Bhawan,
Durgapuri, Gali No.1, Shahdra Delhi=110032
…PETITIONER NO.1
A N D
XXX,
S/o Sh. Arun Garg,
Resident of : …., Krishna Bhawan,
Durgapuri, Gali No.1, Shahdra Delhi=110032
…PETITIONERNO.2
PETITION FOR DISSOLUTION OF MARRIAGE BY WAY OF A DECREE OF DIVORCE BY MUTUAL CONSENT U/S 13-B OF THE HINDU MARRIAGE ACT 1955 (AS AMENDED BY THE MARRIAGE LAWS (AMENDMENT) ACT 1976 AND AMENDED UPTO DATE)
Sir/Ma’am,
The petitioners respectfully submit as under:
That the marriage between petitioners No. 1 and No. 2 was solemnized on 29.01.2012 at Deoband, Saharanpur, U.P. according to Hindu rights and customs. The marriage photographs are annexed herewith and marked as ANNEXURE-A (Colly).
The true copy of the Voter ID Card of the Petitioner No. 1 and true copy of Aadhar Card of the Petitioner No. 2 are annexed herewith ANNEXURE-Band ANNEXURE-C respectively.
That the status and place of residence of petitioners No. 1 & 2 before the marriage and at the time of filling of this petition were/are as under :
That after the solemnization of marriage, both the parties
lived together at Resident of: …., Krishna Bhawan,
Durgapuri, Gali No.1, Shahdra Delhi=110032. as Wife and
Husband till of October, 2021 and no issue was born
out of this Wed-Lock.
That October, 2021, due to some unavoidable reasons and serious temperamental differences since the inception of this marriage, both the petitioners separated and no cohabitation took place since then between the parties to the petition. From that day they are living separately and now it is impossible for petitioners to live together and live a happy life. They also separated in October, 2021 for six months, later at that time due to non understanding they started living separately, however even after so many efforts from the family and the petitioners, no positive result was achieved and marriage between the parties have come to an end and has irretrievably broken down with no possibility of reconciliation.
That the Petitioner No.1 has been living on Rental Basis’,…………………………………………………………………………………………………………………………………………………..
House, from October, 2021 and no-cohabitation took place
Between the petitioners for more than a year now.
That all the efforts on the part of family, friends and relatives have proved futile and there is no chance of reconciliation between petitioners and therefore both the petitioners mutually agreed that their marriage should be dissolved by a decree of Divorce by Mutual Consent. The Petitioners are educated and fully understand the implications and after effects of the present Petition and accordingly, both of them have agreed to dissolve their marriage voluntarily.
That the Petitioner No. 2, and his family will return all the gift articles, and passport, Aadhar Card, educational Certificates, and stridhan to the Petitioner No.1. That the Petitioner No. 1 is self-sufficient and can maintain herself as per her social status and does not claim any alimony, maintenance and rights in the property of petitioner No. 2, neither at present nor in future.
That both the parties have settled all their claims against each other and there is now no claim whatsoever, of any nature against each other or between them regarding the gift articles, stridhan, maintenance etc. has been given to the petitioner No. 1. Both the parties have mutually exchanged their gifts and items given by their parents and relatives.
That it has been further agreed that none of the Petitioners and their family members have filed any case against each other or their respective family members in any court of law, Civil or Criminal and no other litigation is pending between the petitioners. That it has been further Mutually agreed between the parties that both the Petitioners that they or their family Members will not make any claim or counter claim against each other in any form, will not make any allegations or counter allegations against each other and will not interfere with each other’s life in future in any way and in any manner whatsoever.
That the present petition is not presented in collusion each other.
That the mutual consent has not been obtained by force, coercion and undue influence.
There has not been unnecessary and improper delay in institution of proceedings. There is no other legal ground as to why the relief of decree of divorce by mutual consent may be not granted to the parties of petition.
That the petitioner No. 1 is residing at her Rental house within the territorial jurisdiction of this Hon’ble court, hence this Hon’ble court has jurisdiction to entertain and decide the present petition.
That a prescribed court fee stamp of Rs. 25/- is affixed on the petition.
PRAYER
It is, therefore, most respectfully prayer that the marriage between the petitioners may kindly be dissolved by a decree of divorce on the basis of mutual consent as provided Under section 13-B(1) of Hindu Marriage Act 1955, as amended upto date in the facts and circumstances of the petition as detailed above, which will be in the interest of justice, fair play and equity.
PETITIONER NO.1 PETITIONER NO. 2
Shivangi Garg, XXX,
W/o XXX and S/o Sh. Arun Garg,
D/o Sh. Sudhir Kumar R/o R/o: ….,
Krishna Bhawan,
Bansal, R/o: …., Durgapuri, Gali No.1,
Krishna Bhawan, Shahdra,
Durgapuri, Gali No.1,
Shahdra, Delhi-110007
Delhi-110007
THROUGH COUNSEL:
M…. SINGH
ADVOCATE
PLACE:- DELHI
DATED:
VERIFICATION We, the above named petitioners do hereby solemnly affirm and declare that the contents of paras No. 1 to 14 of the above petition are true and correct to our knowledge, no part of it is false and nothing material has been concealed there from. Verified at Delhi on this day of ……. 2022.
PETITIONER NO. 1 PETITIONER NO. 2
….Garg XXX
IN THE COURT OF PRINCIPAL JUDGE (FAMILY COURT) DELHI
H.M.A. NO. ________ OF 2022
IN THE MATTER:
YYY
…Petitioner 1
AND
XXX
…Petitioner 2
AFFIDAVIT
PETITION FOR DISSOLUTION OF MARRIAGE BY WAY OF A DECREE OF DIVORCE BY MUTUAL CONSENT U/S 13-B OF THE HINDU MARRIAGE ACT 1955 (AS AMENDED BY THE MARRIAGE LAWS (AMENDMENT) ACT 1976 AND AMENDED UPTO DATE)
I, Shivangi Garg, W/o XXX and, D/o Sh. Sudhir Kumar Bansal, R/o: …., Krishna Bhawan, Durgapuri, Gali No.1, Shahdra Delhi=110032., do hereby solemnly affirm and declare as under:
That the marriage between the petitioners were solemnized on 29.01.2012 at New Delhi according to Hindu Rights and Customs and no child was born out of the marriage.
That the mutual consent of the parties has not been obtained by force, fraud, coercive and undue influence.
The parties are living separately since OCTOBER, 2021 and have not cohabited and lived together since then.
That the petitioners have mutually and by free will agreed to get the marriage dissolved by the decree of divorce by means of present petition.
Deponent
Verification Verified at DELHI on this …./…./2022 that the contents of above para are true and correct to the best of my knowledge and belief and nothing has been concealed therein.
Deponent
IN THE COURT OF PRINCIPAL JUDGE (FAMILY COURT) DELHI
H.M.A. NO. ________ OF 2022
IN THE MATTER:
YYY
… Petitioner 1
AND
XXX
… Petitioner 2
AFFIDAVIT
PETITION FOR DISSOLUTION OF MARRIAGE BY WAY OF A DECREE OF DIVORCE BY MUTUAL CONSENT U/S 13-B OF THE HINDU MARRIAGE ACT 1955 (AS AMENDED BY THE MARRIAGE LAWS (AMENDMENT) ACT 1976 AND AMENDED UPTO DATE)
I, XXX, S/o Sh. Arun Garg, R/o: …., Krishna Bhawan, Durgapuri, Gali No.1, Shahdra Delhi=110032, do hereby solemnly affirm and declare as under:
That the marriage between the petitioners were solemnized on 29.01.2012 at New Delhi according to Hindu Rights and Customs and no child was born out the marriage.
That the mutual consent of the parties has not been obtained by force, fraud, coercive and undue influence.
The parties are living separately since October, 2021 and have not cohabited and lived together since then.
That the petitioners have mutually and by free will agreed to get the marriage dissolved by the decree of divorce by means of present petition.
Deponent
Verification Verified at DELHI on this .…/…./2022 that the contents of above para are true and correct to the best of my knowledge and belief and nothing has been concealed therein.
Deponent
IN THE COURT OF PRINCIPAL JUDGE (FAMILY COURT) DELHI
H.M.A. NO. ________ OF 2022
IN THE MATTER:
YYY
…Petitioner 1
AND
XXX
…Petitioner 2
PETITION FOR DISSOLUTION OF MARRIAGE BY WAY OF A DECREE OF DIVORCE BY MUTUAL CONSENT U/S 13-B OF THE HINDU MARRIAGE ACT 1955 (AS AMENDED BY THE MARRIAGE LAWS (AMENDMENT) ACT 1976 AND AMENDED UPTO DATE)
APPLICATION U/S 13 OF FAMILY COURT ACT FOR SEEKING PERMISSION TO ENGAGE COUNSEL
Sir,
The applicant/petitioner No. 1 humbly submits as under :
That the petitioners have jointly filed the above noted petition under section 13 B of Hindu Marriage Act., before the Hon’ble Court but there are some legal and technical facts in the present petition and applicant / petitioner No. 1 can not proceed the present petition without the help of counsel.
It is therefore prayed that the applicant / petitioner No. 1 may kindly be permitted to engage counsel / advocate to pursue her case.
Dated : …../…../2022
PETITIONER NO. 1
Shivangi Garg,
W/o XXX and
D/o Sh. Sudhir Kumar Bansal,
Resident of : …., Krishna Bhawan, Durgapuri, Gali No.1, Shahdra Delhi=110032
IN THE COURT OF PRINCIPAL JUDGE (FAMILY COURT) DELHI
H.M.A. NO. ________ OF 2022
IN THE MATTER:
YYY
… Petitioner 1
AND
XXX
…Petitioner 2
PETITION FOR DISSOLUTION OF MARRIAGE BY WAY OF A DECREE OF DIVORCE BY MUTUAL CONSENT U/S 13-B OF THE HINDU MARRIAGE ACT 1955 (AS AMENDED BY THE MARRIAGE LAWS (AMENDMENT) ACT 1976 AND AMENDED UPTO DATE)
APPLICATION U/S 13 OF FAMILY COURT ACT FOR SEEKING PERMISSION TO ENGAGE COUNSEL
Sir,
The applicant/petitioner No. 2 humbly submits as under :
That the petitioners have jointly filed the above noted petition under section 13 B of Hindu Marriage Act., before the Hon’ble Court but there are some legal and technical facts in the present petition and applicant / petitioner No. 2 can not proceed the present petition without the help of counsel.
It is therefore prayed that the applicant / petitioner No. 2 may kindly be permitted to engage counsel / advocate to pursue her case.
