Divorce by Mutual Consent is the fastest way or procedure for getting divorce in India. All marriages which have been solemnized before or after the Marriage Laws (Amendment) Act 1976, are entitled to make use of the provision of divorce by mutual consent. However, for filing for a divorce under mutual consent, it is necessary for the husband and wife to have lived separately for at least a year. Divorce by mutual consent is fastest because parties can get divorce in six months only and can be shortened if the parties are living separately since long time spam. In this case,  spouses can mutually agree to a settlement and file for a “mutual divorce” under under following Acts which may vary according to law applicable to parties:-

Sec.13B The Hindu Marriage Act.,Sec 28 The Special Marriage Act,Sec10 A The Indian Divorce Act

 Seeking a divorce by mutual consent is same under each Act, which is initiated by filing a petition, supported by affidavits from both partners, in the Court of District Judges Court or Family Court. Known as the First Motion Petition for Mutual Consent Divorce, this should contain a joint statement by both partners present in Court, that due to their irreconcilable differences, they can no longer stay together and should be granted a divorce by the court. After six months, the Second Motion Petition for Mutual Consent Divorce should be filed by the couple and they are required to reappear in the court. A gap of six months is given between the two motions, so as to offer the estranged couple adequate time to reconsider their decision of dissolving their marriage. After hearings from the husband and wife, if the judge is satisfied that all the necessary grounds and requirements for the divorce have been met, the couple is granted a mutual divorce decree. Some of the important issues on which the couple should have agreed, before filling petition are custody of child, alimony to wife, return of dowry items.

Divorce,Family and Matrimonial Lawyer at Kolkata

 

Judicial separation is a sort of a last resort before the actual legal break up of marriage i.e. divorce. The reason for the presence of such a provision under Hindu Marriage Act is the anxiety of the legislature that the tensions and wear and tear of every day life and the strain of living together do not result in abrupt break – up of a marital relationship. There is no effect of a decree for judicial separation on the subsistence and continuance of the legal relationship of marriage as such between the parties. The effect however is on their co-habitation. Once a decree for judicial separation is passed, a husband or a wife, whosoever has approached the court, is under no obligation to live with his / her spouse .
The provision for judicial separation is contained in section 10 of the Hindu Marriage Act, 1955. 

Comparison of signature, writing or seal with others admitted or proved -

INDIAN EVIDENCE ACT SEC.73 provides:--------------

In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which s to be proved, although that signature, writing, or seal has not been produced or proved for any other purpose.

The Court may direct any person present in Court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person.

Sec.8 INDIAN EVIDENCE ACT

Motive, preparation and previous or subsequent conduct

Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact.

The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact ins issue or relevant fact, and whether it was previous or subsequent thereto.

Explanation 1- The work "conduct" in this section does not include statements, unless those statements accompany and explain acts other than statements, but this explanation is not to affect the relevancy of statements under any other section of this Act.

Explanation 2—When the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct is relevant.

Delhi High Court

Savita Alias Babbal vs State Of Delhi on 28 April, 2011

Author: S.Ravindra Bhat

* IN THE HIGH COURT OF DELHI AT NEW DELHI

RESERVED ON: 14.01.2011

PRONOUNCED ON: 28.04.2011

+ CRL.A. 786/2001

SAVITA alias BABBAL ..... Appellant

Through : Ms. Rebecca. M. John, Advocate along with

appellant in person.

ersus

STATE OF DELHI ..... Respondent

Through : Sh. Luvkesh Sawhney, APP.

CRL.A. 795/2001

ASHUTOSH BANEERJEE alias PAPPU ..... Appellant

Through : Appellant in person.

versus

STATE ..... Respondent

Through : Sh. Luvkesh Sawhney, APP.

CRL.A. 919/2001

RAVI CHOUHAN ..... Appellant

Through : Ms. Charu Verma, Advocate along with appellant in person..

Appeal against Arbitration Award.

THE ARBITRATION AND CONCILIATION ACT, 1996

SEC. 34 Application for setting aside arbitral award. —

(1) Recourse to a Court against an arbitral award may be made only by an application for setting aside such award in accordance with sub-section (2) and sub-section (3).

(2) An arbitral award may be set aside by the Court only if—

(a) the party making the application furnishes proof that—

(i) a party was under some incapacity, or

(ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force; or

(iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or

(iv) the arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration: