Services

Mutual Consent Divorce

Divorce by Mutual Consent is the simplest and easiest way of dissolving marriage. Procedure for Mutual Consent Divorce is laid down as under for easy understanding:-

Both Parties ie Husband and Wife have to reach to Mutual understanding and agreement regarding terms and conditions for Divorce.
On the basis of settlement and agreement, petition for Mutual Consent is drafted. Under Hindu Marriages, such Petition is filed under section 13 B of the Hindu Marriage Act. Under Christian Marriages, section 10 A of the Indian Divorce Act. Under secular or civil marriages, section 28 of the Special Marriage Act.
Divorce Petition will be drafted which will include terms of settlement agreed between parties.
Such Mutual Consent Divorce Petition shall be filed in the Court as court procedure.

Court Marriage in Just 1 Day

Documents Required

Anyone who wants to perform their court marriage must have to fulfill the eligibility criteria for their court marriage. There are certain conditions everyone needs to fulfill before their marriage.

Age Criteria: As per Indian Laws, anyone who wants to perform their court marriage must have to fulfill the minimum age requirement for male & female partners. The minimum age of both the partners: Male – 21 years & Female – 18 years.
Mutual Consent Of Partners: Approval of both partners is very important. Both the partners want to marry each other. They have taken this decision to perform the marriage without any pressure or force.
Non-Prohibited Relationships: Certain marriages are not allowed in different religions & customs. Some relationships are prohibited in different Indian Laws & Different Religions. Both the partners must not belong to these relationships before performing the marriages.
No Active Relationships: In Uttar Pradesh, bigamy is not allowed. Both the partners must not have a prior active relationship. In the case of prior relationships, either they have got the divorce decree from the court or one of the spouses is not living. A Death Certificate or Divorce Decree will be needed.

Criminal Cases and Bail

As enshrined in our Indian Constitution, Article 21 provides that every individual has the right to life and personal liberty. This implies that no individual shall be detained illegally or restrained of his personal liberty except for a period as provided under the law.

The rule of law says that bail is the rule and jail is the exception. Offences committed by the accused are generally categorised into bailable offence and non-bailable offence. Bail is granted to the accused with or without sureties.

Bailable offences are of a less serious nature and bail is available without the discretion of the court whereas in non bailable offences bail is not available at the discretion of the court. Therefore, in case of non-bailable offence the court takes into consideration certain considerations which the court can grant bail.
In non-bailable offences, bail cannot be asked for by the accused as a matter of right. On failure to provide surety or comply with regulations of release on bail, the court can cancel such bail.

In India, generally, there are three types of bail available to the accused, namely, regular bail, interim bail and anticipatory bail.

Regular Bail- A regular bail is where the individual has already been arrested and committed to police custody is granted bail. Section 437 and 439 deals with provisions relating to regular bail.
Interim Bail- While interim bail is granted for a certain period of time by the Court pending disposal of the bail application. It implies that bail is granted to the accused prior to the hearing for granting regular bail or anticipatory bail.
Anticipatory Bail- Anticipatory bail is granted when an individual apprehends arrest of any non bailable offence. Anticipatory bail can be obtained by application under section 43 of the Code. Therefore, anticipatory bail is bail granted to the person before arrest is made.

Cheque Bounce 138NI Act

Cheque bounce or dishonored cheque are the cheques that the bank on which they are drawn declines to pay for insufficient funds or any other reason. A cheque comes under the preview of the Negotiable Instruments Act, 1881 and is defined under Section 6 of the Negotiable instrument as a bill of exchange drawn on a specific banker, therefore when a cheque is dishonored or declined by the banker the remedy for it is also redressed under the Act.

What Is The Procedure For Filing A Cheque Bounce?

When a cheque is rejected by the bank, it is returned with a memo stating reasons for such rejection. It can be submitted again if the payee thinks there is a probability for acceptance, but in case it is rejected for the second time also, then the payee can proceed legally for recovery of the amount.
As mentioned above the Cheque is a negotiable instrument and is governed by Negotiable Instruments Act, 1881, the action and procedure for cheque bounce are also envisaged under the Act. The Act makes it a criminal offense and lays out following procedure to redress it:
Once the cheque is bounced/dishonored the payee would receive a ‘cheque return memo’. Within 30 days of receiving the memo the payee has to send a written notice to the payor stating that his cheque has been dishonored and the amount mentioned on the cheque has to be returned to him within 15 days of receipt of the notice, failing which he would proceed with criminal complaint under Section 138 of the Negotiable Instruments Act, 1881.
In case the payor fails to make the payment within 15 days of receipt of notice, the payee can proceed legally within 30 days from that date.
A formal complaint has to be filed by the payee in the Magistrate’s Court. For Section 138 of the Negotiable Instruments Act, 1881, following conditions have to be met with:
a) The cheque must have been drawn by the drawer on his account personally maintained by him.
b) The cheque must have been dishonored for the reason of insufficient funds in the drawer’s account.
c) The cheque is issued for discharge of a debt or liability.
If the above conditions are met, then the payee may file a complaint in any of the following jurisdictions:
a) Place where the payee issued the cheque.
b) Place where the cheque was furnished for payment.
c) A place where the drawee paid the amount to the drawer.
d) Place where the cheque had been dishonored, or.
e) Place where the demand notice was served.
The cheque bounce complaint has to be filed before a Metropolitan Magistrate /Judicial Magistrate respectively.