Categories
1985

NDPS Act, 1985

                                      NDPS Act, 1985

Provisions for bail   when arrested under NDPS Act, 1985.

Section 25 IEA reads as under:

“25. Confession to police-officer not to be proved. ––

No confession made to a police-officer, shall be proved as against a person accused of any offence.”

Section 27 IEA reads as under: “27. How much of information received from accused may be proved. –– Provided that, when any fact is deposed to as discovered inconsequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.”

Section 67 NDPS Act reads as under:

“67. Power to call for information, etc.—Any officer referred to in section 42 who is authorised in this behalf by the Central Government or a State Government may, during the course of any enquiry in connection with the contravention of any provision of this Act,—

  • call for information from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this Act or any rule or order made thereunder;
  • require any person to produce or deliver any document or thing useful or relevant to the enquiry;
  • examine any person acquainted with the facts and circumstances of the case.”

The  Hon’ble  Delhi High Court in State v. Navjot Sandhu @ Afsan Guru Crl. A. No. 80/2003 wherein this Hon‟ble Court, after placing reliance on Pulukuri  Kottaya and Ors v. The King-Emperor 1946 SCC OnLine PC 49, and several other judgments of the Hon‟ble Supreme Court and other courts, summarized the law governing Section 27 IEA as follows:

“396. We, therefore,  hold that in order that Section 27 may be brought in aid, the prosecution must establish:—

  1. That consequent to the information given by the accused, it led to the discovery of some fact stated by him.
  2. The fact discovered must be one which was not within the knowledge of the police and the knowledge of the fact was for the first time derived from the information given by the accused.
  3. Information given by the accused must lead to the discovery of a fact which is the direct outcome of such information.
  4. The discovery of the fact must be in relation to a material object and of course would then embrace within its fold the mental condition i.e. the knowledge of the accused of the place from where the object was produced and the knowledge that it was there.
  5. Only such portion of the information as is distinctly connected with the said discovery is admissible
  6. The discovery of the fact must relate to the commission of some offence.”

Section 34 IEA reads as under:

“34. [Entries in books of account, including those maintained in an electronic from], when relevant. –– [Entries in books of account, including those maintained in an electronic from], regularly kept in the course of business, are relevant whenever they refer to a matter into which the Court has to inquire, but such statements shall not alone be sufficient evidence to charge any person with liability.

          Bail when arrested under NDPS Act, 1985

The  Honble Supreme Court in CBI v. V.C. Shukla and Ors., (1998) 3 SCC 410 wherein it was observed that:”

“17. From a plain reading of the Section it is manifest that to make an entry relevant thereunder it must be shown that it has been made in a book, that book is a book of account and that book of account has been regularly kept in the course of business. From the above Section it is also manifest that even if the above requirements are fulfilled and the entry becomes admissible as relevant evidence, still, the statement made therein shall not alone be sufficient evidence to charge any person with liability. It is thus seen that while the first part of the section speaks of the relevancy of the entry as evidence, the second park speaks, in a negative way, of its evidentiary value for charging a person with a liability. It will, therefore, be necessary for us to first ascertain whether the entries in the documents, with which we are concerned, fulfil the requirements of the above section so as to be admissible in evidence and if this question is answered in the affirmative then only its probative value need be assessed.

                                     NDPS Act, 1985

The operative paras of the judgment of Tofan Singh v. State of Tamil Nadu, (2021) 4 SCC 1 which categorically held that Section 67 NDPS Act is hit by Section 25 of the Evidence Act  in this regard are reproduced below:

“155. Thus, to arrive at the conclusion that a confessional statement made before an officer designated under section 42 or section 53 can be the basis to convict a person under the NDPS Act, without any non obstante clause doing away with section 25 of the Evidence Act, and without any safeguards, would be a direct infringement of the constitutional guarantees contained in Articles 14, 20(3) and 21 of the Constitution of India.

The Delhi High Court coordinate bench judgment viz., Amit Ranjan v. Narcotics Control Bureau, Delhi (2022) SCC OnLine Del 1532 wherein the court granted bail in similar circumstances by holding that CDR details and monetary transactions are seen at the time of trial. The relevant portion of the judgment reads as under:

“50. It is essential to observe that the aspects of the CDR details and alleged connection between K.K. Pharma Solutions and Vinay Pharmaceuticals and the applicant and the co-accused persons and monetary transactions between them being in relation to illicit trafficking of narcotic or psychotropic substances can only be gauged at trial. In view thereof, there having been no recovery of any alleged narcotic or psychotropic substances of a commercial quantity having been effected from the applicant and apart from the confessional statements made by the applicant and the coaccused which confessional statement made by the applicant has already been retracted, presently, this Court is satisfied that there are reasonable grounds for believing that the applicant is not guilty of the commission of the said offences and in view of his clean antecedents that he is not likely to commit any offence whilst on bail…‖

For more information kindly visit http://taps9.com

 

 

Categories
Bail

Principles followed before granting bail

              Principles followed before grant of bail

The Hon’ble  Suprem Court has  time and again laid down Principles followed before granting bail in relation to exercise of discretionary power for grant of bail, particularly, when the bails are refused by the Courts below.

While considering the application for bail Courts always   consider the following conditions prior to grant of bail and Principles followed before granting bail

i)nature of the charge,
ii)the nature of the evidence,
iii)the severity of punishment to which the accused may be liable if convicted,
iv)the antecedents of the man applying for bail that might suggest that he is likely to commit serious offences while on bail.

The Hon’ble Apex Court in the case of Ash Mohammad v. Shiv Raj Singh, (2012) 9 SCC 446 observed as under:

“17. We are absolutely conscious that liberty of a person should not be lightly dealt with, for deprivation of liberty of a person has immense impact on the mind of a person. Incarceration creates a concavity in the personality of an individual. Sometimes it causes a sense of vacuum. Needless to emphasise, the sacrosanctity of liberty is paramount in a civilised society. However, in a democratic body polity which is wedded to the rule of law an individual is expected to grow within the social restrictions sanctioned by law. The individual liberty is restricted by larger social interest and its deprivation must have due sanction of law. In an orderly society an individual is expected to live with dignity having respect for law and also giving due respect to others’ rights. It is a well-accepted principle that the concept of liberty is not in the realm of absolutism but is a restricted one. The cry of the collective for justice, its desire for peace and harmony and its necessity for security cannot be allowed to be trivialised. The life of an individual living in a society governed by the rule of law has to be regulated and such regulations which are the source in law subserve the social balance and function as a significant instrument for protection of human rights and security of the collective. It is because fundamentally laws are made for their obedience so that every member of the society lives peacefully in a society to achieve his individual as well as social interest. That is why Edmond Burke while discussing about liberty opined, “it is regulated freedom”.

18. It is also to be kept in mind that individual liberty cannot be accentuated to such an extent or elevated to such a high pedestal which would bring in anarchy or disorder in the society. The prospect of greater justice requires that law and order should prevail in a civilised milieu. True it is, there can be no arithmetical formula for fixing the parameters in precise exactitude but the adjudication should express not only application of mind but also exercise of jurisdiction on accepted and established norms. Law and order in a society protect the established precepts and see to it that contagious crimes do not become epidemic. In an organised society the concept of liberty basically requires citizens to be responsible and not to disturb the tranquillity and safety which every well-meaning person desires.

Not for nothing J. Oerter stated:

“Personal liberty is the right to act without interference within the limits of the law.”

  1. Thus analysed, it is clear that though liberty is a greatly cherished value in the life of an individual, it is a controlled and restricted one and no element in the society can act in a manner by consequence of which the life or liberty of others is jeopardised, for the rational collective does not countenance an anti-social or anti-collective act.

Conclusion

The grant of bail in exercise of discretionary power of the Court         is  necessarily exercised in a judicious manner and not as a matter         of  course. Therefore it can be concluded that  prior to grant of           bail ,  certain Principles followed before granting bail  and precautions are exercised by courts considering Principles followed before granting bail. For more information click on http://taps9.com

Author

Tapan Choudhury

Advocate

Categories
Transfer Petition

Transfer Petition in Supreme Court of India

Transfer Petition in Supreme Court of India

Transfer Petition in Supreme Court of India are usually filed in Divorce Cases in Matrimonial Cases.

This happens when one party files a divorce case in one state and the other party is unable to appear due to unavoidable circumstances in the trial court of another state .

Usually when the woman who is non working is resident of another state and the husband is residing in another state, the wife may present a petition for transfer before the Hon’ble Supreme Court.

Grounds may include distance , threat or even health reasons depending upon circumstances of the case in case of Transfer Petition in Supreme Court of India.

Every transfer petition is accompanied by a copy of the matter which is pending in a trial court in another state.

         Stay of proceedings for which transfer is sought

Caveat Petition  is usually accompanied by an application for stay. It is because till the Hon’ble Supreme Court decides the transfer petition , the divorce case or any other case for which transfer is sought is stayed.

When other cases already pending in the place to which transfer is sought

For example when a wife files for transfer  petition in matrimonial cases and she has already filed cases in the trial court within the jurisdiction where she resides then it also acts as a ground that since the other party is already appearing in those cases he may as well appear in this .This makes the case stronger for the woman.

I have only expressed my opinion based  on my experiences . The examples i have cited as mostly in matrimonial cases and in most cases the grounds are similar as stated  here in above. However there are instances of    transfer petition for other matters also. For information kindly visit http://taps9.com.

Author

Tapan Choudhury

Advocate

Categories
Mutual Consent Divorce

Mutual Consent Divorce

Mutual Consent Divorce | Waiver Applications in case of  longer separation

Mutual Consent Divorce is the easiest and the fastest mode of dissolution of Marriage. Marriages which are governed by the Hindu Marriage Act or Special Marriage Act and the Indian Divorce Act all have provisions for Mutual Consent Divorce.

Requirements

S.13 B Under Hindu Marriage Act 1955
  1. One year separation prior to filing the divorce petition
  2. Proof of Marriage in the form of Photographs, marriage Certificates and Wedding Cards.
  3. Details of children if any
  4. Terms agreed upon between the parties

It basically works on the principle that when both parties have agreed to a settlement to dissolve their marriage and have agreed to each others terms and conditions nothing else is required.

The Mutual Consent Divorce Petition will contain the date of marriage, date of separation and any terms and conditions have might have been agreed upon between the parties.

There are times when both parties are working and have no children , in such cases parties resolve to dissolve their marriage without any such terms and conditions when no  payment is agreed upon. In such cases the main condition that remains is none of the parties will have any right or claim against each other after dissolution of marriage .

Once a joint petition signed by both parties are filed , Both parties are required to be present in court for the first motion wherein statement of both parties are taken.

Thereafter both parties are given 6 months time for reconciliation after which a second motion petition can be filed . In Delhi a second motion petition is filed, however in Gurgaon, Faridabad , Greater Noida  and Ghaziabad a second motion is not required to be filed , a next date after 6 months is given. In the second motion again statement of parties will be recorded. This is the last time one has to visit the court for hearing. Thereafter if the court allows within 7 days divorce decree is passed.

Now the 6 months cooling period can be waived with an application if the date of separation is more than 18 months. In such cases second motion petition can be presented for hearing within a month and so both motions can be over within a month or so. This is subject to the Court allowing the waiver application of 6 months.

In case of S.28 of the Special Marriage Act 1954 | the process is similar

S. 10A of the Indian Divorce Act 1869| 2 years separation prior to filing

However in case of Christians who are governed under he  S. 10A of the Indian Divorce Act 1869, the  only requirement which is different from other Acts is the date of separation should be more than 2 years prior to filing  Mutual Consent Divorce.petition. For more information kindly visit http://taps9.com

This whole process is very simple and easy .

If you require any assistance kindly contact at 9873628941
Author
Tapan Choudhury
Advocate
Categories
Caveat Petition renewal

Caveat Petition Renewal

                                 Caveat Petition Renewal

http://taps9.com

A caveat Petition   once filed is valid for 90 days , however upon expiry of 90 days one may file a fresh petition .

This is in case no appeal or petition is filed by the opposite party within 90 days and there is furthur apprehension that the opposite party may prefer filing a caveat petition in the supreme court , one may file afresh after expiry of 90 days.

Every caveat petition is accompanied by a vakalatnama and details of the judgment against which the opposite party may approach the supreme court.

Caveat Petition renewal can either be filed by an Advocate on record or in-person that is the party itself .

In-person filing procedure is slightly different from the way it is filed by a registered Advocate on record.

Caveat petitions which are also referred to as caveat applications are registered.

caveat petitions are filed in accordance with provisions under the civil procedure code namely section 148A .

Right to lodge a caveat.Previous    Next

1[148 A. Right to lodge a caveat.— (1)Where an application is expected to be made, or has been made, in a suit or proceeding instituted, or about to be instituted, in a Court , any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.


(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been, or is expected to be, made, under sub-section (1).


(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court, shall serve a notice of the application on the caveator.


(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveators expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application.


(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.]

 Caveat petition renewal can be done prior to expiry of 90 days.

Caveat Renewal can also be done by filing afresh after expiry of 90 days.

Caveat Petition is necessary and one should not avail it as an option but as mandatory especially in the supreme court because thats the last hope of a litigant. 

It is an opportunity one should avail without hesitation. A caveat petition is accompanied by a vakalatnama duly signed by the advocate on record as well as the client.

It can be file as soon as the required documents are placed on record in a specific manner .

Once registered one can relax and be sure that the opportunity of being heard on the first date of hearing will  be allowed with certainity.

Author

Tapan Choudhury,
Advocate

Categories
check bounce case

Cheque Bounce Case | The Negotiable Instrument Act

Cheque Bounce Case

Cheque-bounce-case

 

CHEQUE BOUNCE MEANING

Cheque bounce case is administered by Segment 138 of the Debatable instruments Act, 1881. A cheque skips when a bank doesn’t respect an installment.

At the point when a cheque is bounced by the bank neglected, it is supposed to be shamed or skipped.

Cheque Bounce Reason:

A couple of the reasons are off-base marks, crisscross of figures composed on the cheque (in words and figures), and overwriting. These issues are minor and can be settled without the court’s mediation.

A significant reason to worry is the point at which a really take a look at bounces because of absence of assets in the cabinet’s record. Assuming you have gotten a cheque that has bounced, you have two choices. You can send the individual an interest notice and afterward, on the off chance that there is no reaction following 15 days, you can ultimately follow up by recording an objection in the court.

To add to this, in the event that a move isn’t made against the defaulter by the recipient inside the recommended time, it can likewise prompt absence of solution for the collector of the cheque as a case for cheque bounce is time-bound.

Hence, it is critical to address a cheque bounce case quickly to stay away from every one of the outcomes in question. cheque bounce cases are administered by Segment 138 of the Debatable instruments Act, 1881. A cheque skips when a bank doesn’t respect an installment. At the point when a cheque is bounced by the bank neglected, it is supposed to be shamed or skipped.

A couple of the reasons are off-base marks, crisscross of figures composed on the cheque (in words and figures), and overwriting. These issues are minor and can be settled without the court’s mediation.

A significant reason to worry is the point at which a really take a look at bounces because of absence of assets in the cabinet’s record. Assuming you have gotten a cheque that has bounced, you have two choices.

You can send the individual an interest notice and afterward, on the off chance that there is no reaction following 15 days, you can ultimately follow up by recording an objection in the court to add to this, in the event that a move isn’t made against the defaulter by the recipient inside the recommended time,

It can likewise prompt absence of solution for the collector of the cheque as a case for cheque bounce is time-bound. Hence, it is critical to address a cheque bounce case quickly to stay away from every one of the outcomes in question.

CHEQUE BOUNCE RULES

In the event that an individual is documenting cheque bounce case, there are sure Cheque Bounce rules they need to follow

  • The initial step is to send an interest notice to the guilty party
  • When the notification is gotten, the wrongdoer has 15 days to make the due installment
  • Under Segment 138 of the Debatable Instruments Act, 1881, the payee needs to send the cabinet a notification in no less than 30 days of getting the really look at bring update back
  • In the event that the cabinet neglects to make the installment, the individual filling the cheque bounce case has each option to record a grumbling with the court by presenting a composed protest alongside legitimate reports
  • The bank’s cheque bounce reminder is perhaps of the main record. The court will not be able to continue with the case without this record
  • The defaulter can’t be punished in that frame of mind of the really take a look at skip regulation assuming the bounced cheque was given as a gift or used to loan cash for a credit payment. The initial step is to send an interest notice to the guilty party.
  • When the notification is gotten, the wrongdoer has 15 days to make the due installment.
  • Under Segment 138 of the Debatable Instruments Act, 1881, the payee needs to send the cabinet a notification in the span of 30 days of getting the really look at bring reminder back
  • In the event that the cabinet neglects to make the installment, the individual filling the cheque bounce case has each option to record a grumbling with the court by presenting a composed protest alongside legitimate reports
  • The bank’s cheque bounce reminder is perhaps of the main record. The court will not be able to continue with the case without this record
  • The defaulter can’t be punished in that frame of mind of the really look at bounce regulation assuming the skipped cheque was given as a gift or used to loan cash for a credit installment. The initial step is to send an interest notice to the guilty party
  • When the notification is gotten, the wrongdoer has 15 days to make the due installment
  • Under Segment 138 of the Debatable Instruments Act, 1881, the payee needs to send the cabinet a notification in no less than 30 days of getting the really look at bring update back
  • In the event that the cabinet neglects to make the installment, the individual filling the cheque bounce case has each option to record a grumbling with the court by presenting a composed protest alongside legitimate reports
  • The bank’s cheque bounce reminder is perhaps of the main record. The court will not be able to continue with the case without this record
  • The defaulter can’t be punished in that frame of mind of the really take a look at skip regulation assuming the bounced cheque was given as a gift or used to loan cash for a credit payment. The initial step is to send an interest notice to the guilty party
  • When the notification is gotten, the wrongdoer has 15 days to make the due installment
  • Under Segment 138 of the Debatable Instruments Act, 1881, the payee needs to send the cabinet a notification in the span of 30 days of getting the really look at bring reminder back
  • In the event that the cabinet neglects to make the installment, the individual filling the cheque bounce case has each option to record a grumbling with the court by presenting a composed protest alongside legitimate reports
  • The bank’s cheque bounce reminder is perhaps of the main record. The court will not be able to continue with the case without this record
  • The defaulter can’t be punished in that frame of mind of the really look at bounce regulation assuming the skipped cheque was given as a gift or used to loan cash for a credit installment.

CHEQUE BOUNCE CASE LEGAL NOTICE

Check bounce is a criminal offense in India, covered under Segment 138 of the Debatable Instruments Act. In this way, in the event that a protest is documented in a court and, assuming found blameworthy, the defaulter can be rebuffed with a jail term of two years as well as a fine, which can be basically as high as two times the really take a look at sum.

 

Now and again, the court could give check skip case discipline, this is typically assuming the court finds the infraction grievous. Check bounce is a criminal offense in India, covered under Segment 138 of the Debatable Instruments Act. In this way, in the event that a protest is documented in a court and, assuming found blameworthy, the defaulter can be rebuffed with a jail term of two years as well as a fine, which can be basically as high as two times the really take a look at sum.

 

Now and again, the court could give check skip case discipline, this is typically assuming the court finds the infraction grievous.

Categories
Articles/Blogs

Conditions for grant of bail

        CONDITIONS FOR GRANT OF BAIL

The Hon’ble  Supreme Court has  time and again laid down principles in relation to exercise of discretionary power for grant of bail, particularly, when the bails are refused by the Courts below.

While considering the application for bail Courts always   consider the following conditions prior to grant of bail.

i)nature of the charge,
ii)the nature of the evidence,
iii)the severity of punishment to which the accused may be liable if convicted,
iv)the antecedents of the man applying for bail that might suggest that he is likely to commit serious offences while on bail.

The Hon’ble Apex Court in the case of Ash Mohammad v. Shiv Raj Singh, (2012) 9 SCC 446 observed as under:

“17. We are absolutely conscious that liberty of a person should not be lightly dealt with, for deprivation of liberty of a person has immense impact on the mind of a person. Incarceration creates a concavity in the personality of an individual. Sometimes it causes a sense of vacuum. Needless to emphasise, the sacrosanctity of liberty is paramount in a civilised society. However, in a democratic body polity which is wedded to the rule of law an individual is expected to grow within the social restrictions sanctioned by law. The individual liberty is restricted by larger social interest and its deprivation must have due sanction of law. In an orderly society an individual is expected to live with dignity having respect for law and also giving due respect to others’ rights. It is a well-accepted principle that the concept of liberty is not in the realm of absolutism but is a restricted one. The cry of the collective for justice, its desire for peace and harmony and its necessity for security cannot be allowed to be trivialised. The life of an individual living in a society governed by the rule of law has to be regulated and such regulations which are the source in law subserve the social balance and function as a significant instrument for protection of human rights and security of the collective. It is because fundamentally laws are made for their obedience so that every member of the society lives peacefully in a society to achieve his individual as well as social interest. That is why Edmond Burke while discussing about liberty opined, “it is regulated freedom”.

  1. It is also to be kept in mind that individual liberty cannot be accentuated to such an extent or elevated to such a high pedestal which would bring in anarchy or disorder in the society. The prospect of greater justice requires that law and order should prevail in a civilised milieu. True it is, there can be no arithmetical formula for fixing the parameters in precise exactitude but the adjudication should express not only application of mind but also exercise of jurisdiction on accepted and established norms. Law and order in a society protect the established precepts and see to it that contagious crimes do not become epidemic. In an organised society the concept of liberty basically requires citizens to be responsible and not to disturb the tranquillity and safety which every well-meaning person desires.

Not for nothing J. Oerter stated:

“Personal liberty is the right to act without interference  within the limits of the law.”
  1. Thus analysed, it is clear that though liberty is a greatly cherished value in the life of an individual, it is a controlled and restricted one and no element in the society can act in a manner by consequence of which the life or liberty of others is jeopardised, for the rational collective does not countenance an anti-social or anti-collective act.

Conclusion

The grant of bail in exercise of discretionary power of the Court         is  necessarily exercised in a judicious manner and not as a matter         of  course. Therefore it can be concluded that  prior to grant of           bail ,  precautions are exercised by courts considering that life and       personal liberty of those who live in society are not jeopardised .

Author- Tapan Choudhury, Advocate
9873628941

 

Categories
Cross examination

Cross examination of a witness

     Cross examination of a witness| questions lawful

Suggestions are essential in  every  cross-examination  of a witness  and it is a tool for a cross examiner to bring out his version of the case and  suggestions will only give the opportunity to  give out his case and it doesn’nt really matter whether the witness agrees or disagrees to the suggestions as the case of the  cross examiner will be told in the process. For instance : “I put it to you that you are deposing falsely because you were not present at the time of the occurrence of the incident?

Categories
blog

How Supreme Court Handle the Transfer Divorce Petition?

Divorce transfer petitions are becoming increasingly common in the Supreme Court. This is due to the fact that more and more couples are choosing to divorce outside of the traditional court system. This is a big change, and it’s causing some problems.

Divorce transfer petitions are a common occurrence. This is because divorce is a complicated and emotional process, and couples often want to make sure their divorce is as fair and equitable as possible.

One of the main problems is that the Supreme Court is not equipped to handle all the new cases. This means that there are often delays in the proceedings, and it can take a long time for a decision to be made. Additionally, the Supreme Court cannot always provide the same legal representation to divorced couples as it does to married couples. This can lead to unfairness and inequality.

If the petition is successful, it could change the way divorces are handled. Up until now, divorces have been handled through state courts. This means that the laws in each state vary, and it can be difficult for couples to get divorced if they live in a state where the law is unfavorable to them.

The transfer petition would allow divorces to be handled through the Supreme Court. This would make it easier for couples to get a divorce, and it would also reduce the amount of time and money they would have to spend on their split. If the Supreme Court approves the transfer petition, it could change the way divorces are handled in India.

Transfer petitions can be filed in either the family division or the Supreme Court, depending on the state in which the couple resides. The process of filing a Transfer petition in Supreme Court is fairly straightforward.

The couple will need to gather all the paperwork related to their divorce including copies of the marriage certificate, divorce decree, and any property or debt agreements that have been made. They will also need to provide copies of any children’s birth certificates or adoption papers.

Once all of the paperwork has been filed, the couple will need to meet with a lawyer to discuss their transfer petition. The lawyer will look at the documents and recommend whether or not the petition should be filed in the family division or the Supreme Court.

If the petition is filed in the Supreme Court, the couple will need to pay a fee and wait several months for a hearing to take place. If the petition is filed in the family division, there is no fee involved and the hearing can take place immediately.

Conclusion

The Supreme Court is seeing an increase in divorce transfer petitions. This is a result of the growing number of couples who decide to file for divorce outside of the conventional judicial system. It can take a while for the Supreme Court to rule because it is not equipped to handle all the new cases.

The manner divorces are processed may change if the petition is granted. The transfer petition’s approval by the Supreme Court could alter how divorces are conducted in India. A Transfer petition can be submitted to the Supreme Court in a pretty simple manner. Couples who file a petition in the family division must pay a fee and wait several months for a hearing to take place.

Categories
blog

Why a Lawyer Should Be Consulted Before a Contested Divorce?

When the husband and wife agree to submit the divorce petition together, it is referred to as a “mutual consent divorce.” This implies that they at the very least get along or have a friendly connection. 

The legal profession has long accepted that lawyers cannot operate in a way that is inconsistent with their client’s interests or disclose client information without the client’s consent following full disclosure.

Incompatible relationships and everyday disagreements between couples can lead to marital conflicts, which ultimately damage the marriage’s foundation. That, one couple might have encountered any kind of discord and difference in perspective. Numerous approaches can be used to help a couple settle their core disagreements and disputes.

Getting a Mutual consent divorce Lawyer is frequently regarded as a practical choice when resolving disagreements between parties. With the aid of judicial authorities who primarily focus on protecting their interests and rights, divorce laws have made it simpler for couples to get mutually separated in such situations. Marriage and divorce laws in India assist individuals in escaping unhappy unions, unsuitable partners, fundamental disagreements, and frequent arguments.

One strategy to reduce the stress of divorce is to hire a lawyer to complete the process. Despite the fact that the lawyer will need to interview you on the matter, he or she will also handle all the paperwork, giving you more time to look after yourself and your family.

An experienced divorce lawyer can provide you with expert guidance on how to approach your divorce. A divorce lawyer who is knowledgeable about the laws can help you avoid expensive mistakes that may require further legal action or financial harm.

Conditions That Must Be Accomplished for a Mutual Divorce

In India, both spouses must sign a written agreement authorizing the divorce before it may be started. If the couple has kids, they must also decide on custody rules. The couple must go through a legal process to complete the divorce after obtaining consent.

 Divorce is treated as a civil matter under the Hindu Marriage Act of 1955, which permits uncontested divorces. Contrarily, Islamic Personal Law views divorce as a private matter and calls for two witnesses to verify the couple’s decision to file for divorce. Both of these rules are disregarded by some religious sects in India, who demand that divorces be granted by a religious court.

Mutual divorce may not always result in an agreeable settlement. Going through the legal process and reaching a settlement can be time- and effort-consuming.

Throughout the process, communicate with one another honestly and openly. This will assist guarantee that each party is aware of their rights and obligations.

Conclusion

In India, the procedure of mutual divorce can be finished very swiftly and without a significant amount of stress. The divorcing spouses will need to agree on all of the divorce’s specifics.  A mutual consent divorce prevents pointless arguments and saves a lot of time and money.

Mutual consent divorce is one of the greatest solutions available given the rising number of divorce applications. It is the quickest method of divorce, which helps you save time, money, and even psychological trauma.

×