C2RM… To Know More
Something Awesome Is In The Work
Overview: When both the husband and wife agree to getting a divorce, i.e., when both the parties are voluntarily (out of free will) ready for a divorce, it is said to be done with mutual consent.
Purpose: To put a legal end to a marriage in an amicable and settled way where both the parties have come to a consensus regarding various issues surrounding marriage like maintenance, alimony, custody rights, property rights etc. There is no limit on the amount of maintenance, the couple may agree on sole or joint custody of the child.
Areas of Application of Law: The law applicable would be different and depend on which law they got marriage registered in. If they married under the Hindu Marriage Act, 1955 (Hindus, Buddhists, Sikhs, Jain), its rules would apply. If they were married under the Special Marriage Act, 1954 (secular law), its rules would apply.
Process: Below is the step by step process for obtaining a divorce under mutual consent:
It is imperative that the parties have been married for one year before they can file for divorce. It is also necessary for them to have been living separately for at least one year before heading for a divorce.
The party will have to engage a lawyer who will file a divorce petition at the requisite forum, usually a family court at the district level.
After the petition is filed, both the parties will have to record their statements before the district judge holding that they are in agreement of getting a divorce and that there is no coercion being faced by any of them. This is known as the first motion.
The parties will also have to mention each of their reasons for divorce.
Before the parties are present before the court again, there is a mandatory gap of six months known as the cooling period extended to them in order to attempt reconciliation.
If either of the party is not cooperative during this time, it may form a ground for the court to not allow the divorce.
After passing of six months with failed attempts at reconciliation, the court will grant them a decree of divorce.
Documents required to be submitted in the court:
Punishment/Expected Relief: Freedom! Both the parties would be legally and officially unmarried under the divorce decree granted by the court.
1. Smt. Jayashree Ramesh Londhe vs Ramesh Bhikaji Londhe (https://indiankanoon.org/doc/921070/)
2. Dineshkumar Shukla vs Smt. Neeta (https://indiankanoon.org/doc/598908/)
SoOLEGAL Transaction Services Agreement :
S-1. Your Documents/ Advice Listings and Orders
S-1.4 Credit Card Fraud.
S-2. Transaction and Fulfilment, Refunds and Returns
S-2.1 Transaction and Fulfilment:
Fulfilment – Fulfilment is categorised under the following heads:
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-7. Control of Site
S-8. Effect of Termination
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
Category and Documents/ Advice Restrictions
Detail pages may not feature or contain Prohibited Content or .
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information violating any law for the time being in force.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
In your request, please provide an explanation of the legitimate business need for a second account.
Listing prohibited content may result in the cancellation of your listings, or the suspension or removal of your transacting privileges. REGISTERED USERS are responsible for ensuring that the Documents/ Advices they offer are legal and authorised for Transaction or re-Transaction.
If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Intellectual Property Violations
Books - Unauthorised copies of books are prohibited.
Photos - Unauthorised copies of photos are prohibited.
YOU HAVE AGREED TO THIS TRANSACTION TERMS BY CLICKING THE AGREE BUTTON