WHAT HAPPENS WHEN MOBILE BILL IS NOT PAID

Besides paying for a rooftop over your head and keeping the lights on, a phone bill is presumably the highest priority on your list as an "essential" month to month cost. If you don't pay your cell phone bill, your record will go into overdue debts. Your telecommunication company could cut your telephone off so you can't make or get calls. If steps are not taken, chances are that you don't find a way to manage the debts, your record will default and the agreement will be dropped. The telecommunications companies would then be able to make a move to recover the extraordinary bill, following the ordinary debt collection process.

Your inability to settle your month to month mobile bills won't make you criminally liable, for this is the only breach of what you and the telecommunications organization have settled upon.

Unpaid bill process by the companies

At the point when a bill has been sent to you, however, the payment is not done by the date there will be following strategy taken by the telecommunication industries:

·         If the bill is not paid by end of the month a reminder will be sent by the company to pay the bill on a due date.

·         If after the due date the payment is not received, the telecommunication company will disconnect your mobile service and it will not reconnect until the full payment of the outstanding bill is done.

·         If the payment is done through cheque, payment will be considered to be gotten when the cheque is received at the company’s office.

·         Restoring services may be chargeable- reactivation

·         We maintain all authority to charge a late payment fee.

·         If the payment of the outstanding amount is not completed then the contract will be terminated and legal action will be started to recuperate the debt.

·         In some cases passing of the remarkable sum (counting any late payment or interest charges) to a debt-collecting office to gather the cash for the company.

·         Data about debt might be imparted to different associations that give credit.

Step by step process

1.      Barring

At the point when more than 2 bills stay pending, the service gets barred. That is, you won't have the capacity to use any of the Chargeable services provided by the company. You get various warning and demands and calls from them to pay them the bill. Once you pay the bill services resumes within 30 minutes of payment. Regardless of whether you guarantee to pay, they will continue services for the next 72 Hours.

2.      Suspending

All services including free services of your number like incoming calls will be banned and the number will be disconnected. You get calls and request to the other number or your email address which you have submitted to them. Services resume within 48 hours of payment and when payment is done in full. Regardless of whether you guarantee to pay, they will continue services for the next 72 Hours.

3.      Disconnection

When the service to the number gets permanently disconnected, it won't continue regardless of whether payment is done in full as the number is permanently disconnected. You will have to go through all procedure of taking another connection like you have gone through in the beginning. There is no guarantee that the same number would be allotted to you.

4.      Recovery 1

Attempts like calling the client in their alternative number which he enlisted, sending Emails and notwithstanding going to the client at his address will be done on various circumstances. Eventually, they will attempt to take out any sum which they can. That is, for instance, if you have 3200 Rs charge pending, They will call up you and begin negotiation, beginning from 3000. They will state to from pay Rs3000 and give an offer of waiving off Rs 200 and to resume service within 4 hours of payment. Most fix a sum and pays. Yet, services won't continue.

5.      Recovery 2

Here, another group experiences the CDR (call detail record) of the client. Takes out a few numbers which client has called frequently and make calls to those number and mention to them thatYour (companion/sibling/sister/child/father) has not paid the bill and influenced a major debt to xx company and mention of taking a legal action on them.

6.      Recovery 3

Their legal counsel calls in any of your number which you use now or relative, companion or anybody and will request that you make payment at any of the closest companies stores or they will send you a legal notice. Due date this time will be short and the will act to be a little rude.

7.      Legal Notice

To the address which you have enrolled while taking a connection, they will send a legal notice. More often than not, they don't continue to encourage except if it's a major sum or something unique is connected. As your PAN is included, your credit score in CIBIL goes down if the companies have tied up with CIBIL.

DIVORCE UNDER SPECIAL MARRIAGE ACT

Earlier, marriages were initiated where the bride and the groom were unaware of their identity getting hitched to, as every decision was taken by their respective guardians and meeting of bride and the groom was not a custom that prevailed (however this was in the ancient times).Times have changed and every decision identifying with marriage is taken by the bride and groom themselves in this age of nuclear families and heightened individuality.

In India, the general audacious practice is that parents select the prospective bride/groom for their children from the same caste as theirs. Inter-caste marriage is as yet considered a taboo in many areas and strata in our nation. India still follows a very rigid structure of the caste system. Individuals are relied upon marrying within their caste and whoever marries out of their caste and 'challenges' the traditional obstructions are disregarded in the society either specifically or in a secretive way.

Things get outrageous in specific situations where the families take inter-case/ inter-religion marriage as a badge of eternal dishonor. The society has turned out to be numb to the expression "honor killings" which are reported every year. Unfortunately, the families take pride in indulging in such activities.

There came a grave requirement for a law to defend the interests of those individuals who need to go for inter-caste marriage. Accordingly, the Parliament enacted the Special Marriage Act, 1954 which accommodates for a special form of marriage, its registration, and divorce. A marriage between any two persons belonging to any religion or creed may be solemnized under this Act. Being a secular Act, it plays a key role in liberating individuals from customary requirements of marriage.

The Special Marriage Act ("SMA") is not worried about the religion of the individual aiming to get married. This applies to all parties who are registered under the SMA. The Act is not worried whether the marriage occurred between the people of same religion or between persons of a different religion.

Moreover, as stated earlier the Special Marriage Act not only governs the marriage but also governs divorce between the spouses of a different religion. Sec. 28 of the Special Marriage Act primarily deals with the provisions relating to obtaining a divorce by mutual consent in respect of a marriage solemnized and/or registered under the Act, a petition for divorce by mutual consent may be presented to the District Court.

Important points to be noted- A few key points to be considered while seeking a divorce by mutual consent are as follows:

1. A petition for divorce must be presented to the District Court by both parties together.

2. The petition must be on the grounds,

•    That they have been living separately for a period of one year or more,

That they have not possessed the capacity to live together. But, in cases where the court is of the view that the petitioner has suffered endured outstanding or the respondent has demonstrated immorality on their part, a petition for divorce would be maintained, but if any misrepresentation is found on the part of the petitioner to apply for divorce before the expiry of 1 yr, the court may if any order has been passed, state the order to take effect only after the expiry of 1 yr, as mentioned in Sec. 29 of the SMA Act, and

•    That they have mutually agreed that the marriage should be dissolved.

3. The petition may be presented only after one year from the date of entering the certificate of marriage in the Marriage Certificate Book. However, relaxation may be provided in cases where exceptional hardship is suffered by the petitioner or in cases of exceptional depravity on the part of the respondent.

4. The petition seeking divorce by mutual consent could be presented to a District Court, within whose jurisdiction, either,

•    The marriage was solemnized,

•    The respondent resides, or

•    In case the wife is the petitioner, where she is residing,

•    The parties to the marriage last resided together, or

•    The petitioner resides, in cases where the respondent is residing outside the territories to which the Act extends.

5. Between 6 months after, and within 18 months of, the date of presentation of the petition seeking divorce by mutual consent, both parties must make a motion together seeking a grant of a decree of divorce.

6. Before passing a decree of divorce, the District Court considers the following, among other aspects:

•    That the petition has not been withdrawn yet,

•    That a marriage has been solemnized under the Act,

•    That the averments in the petition are true,

•    That consent for divorce has not been obtained by force, fraud or undue influence,

•    That there has not been any needless or improper delay in instituting the proceedings.

Thus, for obtaining a divorce by mutual consent under the Special Marriage Act the above-mentioned provisions and the procedure must be fulfilled by the spouses.

Provisions relating to Alimony pendente lite, permanent alimony, and maintenance:

Parties desirous of obtaining a divorce by mutual consent must, however, keep in mind that the Act also contains provisions dealing with a grant of alimony and maintenance, both permanent and during the pendency of the proceedings. In the cases of divorce by mutual consent, the parties may agree to the terms relating to payment of alimony or maintenance and the same may be incorporated in the pleadings before the Court. However, care has to be taken that suitable provisions are incorporated in the pleadings to avoid future misunderstandings or litigation. It is therefore advisable that, while discussing the various issues connected with seeking a divorce by mutual consent with their advocates, the parties must specifically discuss their arrangement and agreement on alimony and maintenance, and take suitable steps to ensure that their interest is safeguarded.

Documents needed

•    Notice duly filled and signed by both the parties;

•    Affidavit declaring that all the conditions have been fulfilled (your age, no living spouse etc);

•    Residence, DOB & ID;

•    Passport size;

•   Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower, and

•    In case of a foreign national, a no-objection certificate from the concerned Embassy regarding his / her present status.

For further legal query relating to divorce or if you are in need of topmost divorce attorney then you can reach out to Legalresolved which is an online platform where you can find solutions to your legal queries, contact lawyers for legal aid, and manage appointments with the best and top most divorce lawyers in your city.

A DIFFERENT TAKE ON DIVORCE: RETAINING THE RESPECT

“There was no violence, no demand for dowry, no cruel in-laws, no negligence, no financial reasons, but no love either. We had no apparent reason to separate, neither was there any reason to stay together. We both found love in other streams of life, and we mutually decided to part ways.”

This was said to us by a young couple in mid-thirties, seeking mutual consent divorce and settlement of child custody, in the busy and bustling Delhi. They did not want to go for marriage counseling and work on the relationship but were determined to seek divorce and separation.

“The point is that we receive a number of cases a Month where couples seek mutual divorce, with the only reason being that they have lost their love and found it elsewhere, in other people. The mutual respect they have for is laudable, considering that they are separating. There is no quarrel, no complaints, no demands, they have parted emotionally and only need a legal sanction”.

-          Srijay, Business Development Executive, Legal Resolved

We see a new emerging trend wherein divorce is sought by couple who simply get tired of living with each other, and explore ways to bring love in life from other people, often leading to instances of infidelity and adultery. The catch is that both partners reach an amicable agreement between them and just need a lawyer to put it officially on paper. They do not complain or go for long drawn procedures in a contested divorce, no protracted false allegations, no dragging of entire family into false 498-A cases to inflict torture, no cooked up adultery stories against each other, but decide to separate peacefully. Though the rates of divorce have gone up, the settlement becomes easy because they do not play tug of war with the assets or their children; they reach terms for maintenance, alimony and child custody.

Though the rates of adultery and infidelity have shot up, a considerable number of cases are solely due to this and there is no violence or cruelty on the part of either party, and they do not level accusations or demands against each other. It is a contrast to the conventional divorce scenario where you find them unable to stand each other and looking for ways to make their side of the case stronger. We cannot judge anyone, and I find these young couples more sorted and thoughtful than the conventionally intelligent older generation that usually had their lawyers spice up their side of the divorce petition to manipulate maintenance and alimony, and seek child custody. Though infidelity and adultery brings on frowns and invites more judgments than a cruel husband or in-laws (which is still regarded normal in atleast some parts of the society), we have seem these couples display more brain and tolerance and practical insight in dealing with life, love and loss. A divorce minus the grudge and courtroom battle and ego and all the rest of the negativity is less of a worry than those women and men who silently suffer the partner’s physical/emotional torture and live with it for the sake of family and society.

These are rather just examples of two sane people, who ended up with the wrong partner and could not make it work together, but are practical in dealing with the truth and retain their mutual respect, able to think from the other person’s perspective. One wrong step does not end your life, and the moment you decide to correct and move on is the moment you take control and change your life. 

INCREASING RATES OF DIVORCE: AN ANALYSIS OF REASONS

The Higher level of education, awareness, and independence of women in all strata of society has played a major in eliminating the age-old notion that they are destined to sacrifice and compromise, and not serve their significant half and his family as the purpose of their existence. Divorce lawyers all over India share experiences and stories of the requests and cases they receive from people seeking mutual divorce or contested divorce. It does not imply that it is only suffering women who seek divorce and separation from cruel husbands; the converse is also true and we come across numerous stories of men who suffer at the hands of manipulative and mistreating wives and families. An experienced divorce lawyer in Bangalore once told us that what matters, in the end, is that one partner is dominant and the other is all-enduring, and the latter eventually moves for a legal separation when they decide they have had enough. The times have changed and more people come out with their experiences now, which is indeed appreciable as it gives the requisite strength to more weak partners to speak up against abusive/exploitative marriages and fight for their rights. However, not all divorce cases are due to abuse and cruelty, says Adv. Arvind from Bangalore, “many couples in tech-cities are simply tired of each other and approach us for mutual divorce. They do not have time for personal life and got married simply because that is how the society works. But then life happened, and the society cannot come live your life”. Marriage Counselor Mr. Anubhav from Delhi says, “This is precisely why people should think and decide on what they want in life, before jumping into a decision simply because that is what everyone else does and that is expected of you too. Divorce becomes an unnecessary tedious exercise if you could have just given it forethought and realized that married life is not a feasible option for you.” While mutual divorce takes comparatively less time and the process is less painful, a contested divorce is a different story oftentimes. When one partner seeks divorce for reasons like adultery, cruelty or desertion, the other party naturally defends his/her part and it leads to false allegations and dirt-hurling in the Courtroom. Since contested divorce can be granted only on the grounds listed under the specific Act, couples seeking divorce try to manipulate and distort the facts to bring matters within one of the listed ground by hook or by crook. The despair gets the better of them, and then there is no stone unturned in getting that divorce. 

Divorce: Mutual and contested

According to the lawful definition the Mutual divorce is a kind of separation in which both of the life partner chooses to separate the other, without the assent of the other life partner. In such cases, the life partners are in coordinate clash with each other, either in regards to the terms of separation or because of one of the many grounds of separation.

In a challenged separate, the court after being drawn nearer, hears both the gatherings, conducts procedures and settles on different debate identified with the separation like tyke authority, upkeep, division of benefits, and so forth. The court assumes the chief part to enable the miserably wedded couple to touch base at an answer by either dissolving the marriage or by guiding the couple to settle their grievances through a middle person. The time allotment for which a challenged separate proceeds isn't sure. The case can conceivably go on uncertainly and for the most part stretches out for a time of four to six years.

CAUSES:

·         Infidelity

·         A demonstration of sex between a wedded man and a lady wedded to another man.

·         Aggressive behavior at home

·         A demonstration of incurring agony and damage by the spouse as well as his family, to his better half.

·         Remorselessness

·         A demonstration of making mental or physical mischief a life partner which puts their life in risk.

·         Share

Separation through Mutual Consent: When both the gatherings i.e., the couple commonly consent to acquire a separation, the courts will give a pronouncement for separate with shared assent. The couple ought to demonstrate that they have been isolated for over a year and that they have been not able live respectively. The principle normal for a separation through shared assent is that issues, for example, youngsters' authority, upkeep and property rights could be consented to commonly. On the off chance that the courts trust that there is a possibility of compromise among the gatherings then it will arrange a span of 6 to year and a half between the date the separation appeal to is recorded and the separation declare is articulated. Note that living independently does not really mean living in various areas; the couple just needs to give that they have not been living as husband and spouse amid this day and age.

Section13B of the Hindu Marriage Act, 1955 talks about common separation. Separation through common assent is moderately reasonable and faster than a challenged separate.

Withdrawal of Consent: Consent given for separate by 'common assent' can be pulled back by either the spouse or the husband even after the expiry of the stipulated 18-month time frame and in such cases, an announcement for separation won't be allowed.

Challenged Divorce: In instance of a challenged separate, there are particular grounds recorded under Section 13 of the Hindu Marriage Act, 1955 on which the request of can be submitted. The couple are in a contention while deciding on a challenged separate. As a general rule, matters, for example, kid authority, support and so on are a long way from determination. There are 11 reason for separate accessible to both the couple under the law, out of which 5 select grounds are accessible to the spouse against her better half. These grounds are-

1. Mercilessness

2. Infidelity

3. Renunciation

4. Transformation

5. Mental Disorder

6. Transferable Disease

7. Renunciation of the World

8. Assumption of Death

In the event that the companion has not been known about as being alive for a time of no less than seven years, by such people who might have caught wind of such life partner, in the event that he or she were alive, at that point the life partner who is alive can get a legal pronouncement of separation.

Components considered amid a separation: There are three angles with respect to which a couple need to achieve an agreement. One is divorce settlement or support issues. According to law, there is no base or most extreme point of confinement of help. It could be any figure or no figure. The second thought is authority of the kid. This must essentially be worked out between the gatherings, as it is definitely what requires the best measure of time in separate without common assent. Kid care in a common assent separation can likewise be shared or joint or elite relying on the comprehension of the life partners. The third is property. The couple must choose who gets what part of the together held property or wedding home. This incorporates both versatile and unfaltering property. Directly down to the financial balances, everything must be partitioned. It isn't vital for it to be reasonable, inasmuch as it is consented to by the two gatherings.

Cost of a divorce: Court charges for recording a separation are low; the cost of a separation is principally in the expenses you pay your legal advisor. Legal counselors tend to charge expenses for showing up in court and doing some other work. Contingent upon how seriously it is battled, in this manner, a separation may cost anyplace from the low ten thousand to lakhs of rupees.

Withdrawal of Divorce Petition: Withdrawing a request of for separate is one of the simplest activities, and the law does whatever it can to urge couples to accommodate. The gatherings can essentially record an application to pull back the separation case in the family court. A guide meets with the couple to reconfirm their choice face to face to secure them and furthermore to guarantee that are intentionally and enthusiastically pulling back the appeal. The advisor's report is then sent to the judge who can pass his or her judgment/announce around the same time. Regardless of the possibility that the gatherings don't have a date in the court, their legal counselor can ask for the issue to be hea

Triple Talaq and right of equality under Indian Constitution

On 23 August 1985, Arif Mohd. Khan, former Minister of State for Home Affairs during the reign of Rajiv Gandhi, conveyed a zealous perspective in Lok Sabha, defending the then Supreme Court judgment in the case of Ahmed Khan v. Shah Bano Begum. It was in the milieu of a private member bill that was moved in the Lok Sabha by G. M. Banatwala (MP), seeking to exempt Muslims from the purview of Section 125 of CrPC, an exemption which was struck down and nullified by the apex court in the Shah Bano case. Three decades later, the issue resurfaced in the name of triple talaq and Uniform Civil Code (UCC).

What is triple talaq?

Under Muslim personal laws, a Muslim man has been bestowed upon the absolute power of instant divorce by repeating ‘talaq’ thrice before his wife.

Violation of Right to Equality under the Constitution of India

On March 30, the Supreme Court observed that practices of 'triple talaq', 'nikah halal' and polygamy amongst Muslims were crucial issues involving "sentiments" and a Constitution bench would hear the pleas challenging these from May 11. Before the hearing, the Centre filed written submission which enunciated as follows:

·         Whether under a secular Constitution, women, merely because of their religious identity, could be relegated to a significantly more vulnerable status than their counterparts who profess any other faith such as Hindus, Christians, Zoroastrians, Buddhists, Sikhs, Jains, etc.

·         The conferment of a social status based on patriarchal values or one that is at the mercy of menfolk is incompatible with the letter and spirit of Articles 14 and 15;

·         The right of a woman to human dignity, social esteem, and self-worth are vital facets of her Right to Life under Article 21;

·         Right to Equality takes within its fold, equality of status and the gender equality, gender equity and gender justice are values intrinsically entwined in the guarantee of equality under Article 14.

The Petition

A petition against triple talaq was started by the Muslim Rashtriya Manch (MSM), an offshoot organization of Rashtriya Swayamsevak Sangh (RSS) wherein more than 1 million people have signed such petition. Moreover, the abolition of triple talaq has been supported by All India Muslim Women Personal Law Board (AIMWPLB) but opposed by the All India Muslim Personal Law Board (AIMPLB).

Divorce Risk Analysis

Divorce is the dissolution of marriage in a legal manner sanctioned by a competent court. It is not just a legal phenomenon but a psychological occurrence as well. It triggers a whole lot of risks for either or both the partners like depression because of loneliness, radical changes in the lifestyle, loss of hope, loss of children, etc. Nonetheless, the rate of divorce is still pretty low in India.

The Affected People

 The children (if any);

 The partners themselves;

 Parents of both the partners;

 Siblings of both the partners.

Reasons behind Divorce

 Woman unable to bear child (especially a son);

 Not enough dowry is given by wife’s family;

 Adultery;

 Desertion;

 Incurable disease (mental, physical)

 Second marriage

 Husband guilty of a heinous crime (rape, murder, sodomy)

 Child marriage

 Mental or physical cruelty (danger to life or limb or health of spouse)

 Uneducated husbands

Divorce Risk Analysis

After the husband/wife sends a legal notice for divorce to his/her counterpart, there are numerous high-end risks that may be irreparable in the future. If the spouse replies to the notice in affirmation or the court grants divorce, the following may happen

• The spouses invite social trauma and lowered social status for the whole family;

• Husband may be required to pay maintenance for lifetime;

• Half of the total property of husband would go to wife;

• Poverty (for the spouse who is not financially sound);

• Loneliness and Depression;

• Question as to who will get the custody of children would be a mind-boggling issue;

• Remarriage is quite difficult and cumbersome in Indian society. Even if the spouse remarries, the step-father or step-mother may not be welcoming for the children;

• One study also suggests that children of divorced parents consider divorce as the perfect solution to marital problems;

• Studies have found that children with divorced parents show lower levels of success at schools, poorer and deranged behavior, the number of emotional problems, low self-esteem, difficulties in making social relationships, etc.

Statutes Governing the Divorce Law in India

Hindu Marriage Act, 1955

Special Marriage Act, 1954

Divorce Act, 1869

Parsi Marriage and Divorce Act, 1936

Important Do(s) and Dont(s)

• Don’t opt for divorce for petty marital problems;

• Contact a divorce lawyer for legal consultation or seek online legal help from top divorce lawyers.

Restitution of Conjugal Rights (Law)

Marriage is a religious sacrament which constitutes the very basis of a social entity.  It is based on duties, rights, affection between husband and wife. But when such affection and togetherness goes into hiding, it is necessary to unearth the same through various matrimonial remedies one of which is the restitution of conjugal rights. The word ‘restitution’ refers to restoration and ‘conjugal’ refers to marriage or relating to it, i.e., comfort and affection of the spouses towards each other. When the relation goes haywire, people leave their partners in the heat of the moment or ongoing callousness. If any of the spouses leaves his/her counterpart or withdraws from the society of the other without any reasonable excuse, the latter is entitled to file a petition for the restitution of conjugal rights. The duty of the court is to restore their love and affection by making them live with each other forcefully.

Essentials to be fulfilled:

• The spouse must have withdrawn from the society of another,

• No reasonable excuse for such withdrawal,

• Aggrieved spouse files for restitution of conjugal rights.

Important Points to remember while filing a petition for Restitution of Conjugal Rights:

• Under Hindu Law, the petition is filed under Section 9 of the Hindu Marriage Act, 1955 before the district court.

• Muslims are not adjudged by any specific provisions and are guided by general laws only. Moreover, under Muslim law, a suit is filed before the civil court and not a petition.

• The burden of proof is twofold – first, the petitioner needs to establish that the respondent has left from his/her society and second, the reasonability of the excuse becomes due on the one who left. 

• In reality, it’s not possible to compel the person to start living with his/her corresponding person through a decree of the court. The court can attach the properties of the judgment debtor in order to forcefully execute the decree.

• If the decree remains unexecuted for more than one year, it becomes a valid ground for divorce under Section 13(1A) of the Hindu Marriage Act, 1955.

Step-by-Step Petition Filling Process:

1. File the petition before the District Court having territorial jurisdiction in the matter. The copy of such petition would be sent to the respondent.

2. The court would call them for counseling to settle the matter.

3. Counselling may take 4-5 sessions.

4. In the background, the wife may file for legal expenses from her husband under Sec. 24 of the Hindu Marriage Act, 1955.

5. If accepted by both the parties, the petition for restitution is granted.

Grounds of Rejection of Petition:

• If the petitioner was involved in some kind of matrimonial misconduct. For e.g., adultery, desertion, domestic violence, etc.

• If the respondent has a valid claim to any matrimonial relief.

Misuse of the petition:

Misuse of this remedy is widely in practice where one spouse files such petition for the restitution of conjugal rights with the knowledge that his/her counterpart would not agree for the restoration of such comfort and cohabitation. Subsequently, it becomes a legal excuse for divorce.

Statutory law References:

Section 9, 13(1A) & 24 of the Hindu Marriage Act, 1955

Important Judgments:

Saroj Rani v Sudarshan Kumar Chadha AIR SC 1984 1562

T. Sareetha v. T. Venkatasubbaiah A.I.R. 1983 A.P. 356

Do(s) and Don't(s):

• If you (husband) face the threat of Sec. 498A of IPC, don’t file for restitution of conjugal rights.

• If the petition has been rejected, it is better to file for divorce.

AIBA recommends Radical Reforms in Judiciary

The 11-point Radical List:
All India Bar Association (AIBA) chairman, Adish C Aggarwala, submitted a reformatory 11-points suggestion list to the Prime Minister Mr. Narendra Modi and former Chief Justice of India Mr. H. L. Dattu in the month of April 2015. It was given as a radical tool to pump up judiciary’s functional efficiency.
The noteworthy points of the Charter were –
• Financial independence of Judiciary is given so that it is not dependent on the government to expand infrastructure.
• In regards to National Judicial Appointments Commission (NJAC), the two eminent personalities in question should never be amongst lawyers, judges, and judiciary. Moreover, the Committee of Prime Minister, Chief Justice of India and the Leader of Opposition should appoint those two eminent personalities to ensure their independence and impartiality.
• The appointment to the Supreme Court as a Judge should be driven by proportional representation of the Indian states in accordance with their population.
• Only sitting judges should be appointed to Tribunals and Commissions and retired judges should be kept away from such posts. To enable such appointments, sanctioned posts of judges should be increased.
• The retirement age of the judges at all three levels should be increased – from 65 to 68 in the case of a Supreme Court judge, from 62 to 65 for a High Court judge and 60 to 62 for all subordinate judges.
• Seniority should be the only basis for the promotion of a subordinate judge to the High Court and from High Court to Supreme Court. If a judge is not appropriate for such promotion, his employment as a judge should be terminated immediately.
• Four benches of the Supreme Court should be established in the east, west, north-east and south India. Apart from bringing justice to the easy access of the litigants, it would move the justices to places where their relatives are not practicing.
• Appointment of high court judges as Chief Justice of another High Court should be prevented altogether as they are totally dependent upon the local judges for administration.
• Video-graphing of all cases should be mandatory which would subsequently become part of the case file only and would also act as a regulator over the litigants, lawyers, and judges.
• Live broadcast of all the cases should be available on its official website.
• Judicial clerkship of 1 year should be pre-mandated for practicing as a lawyer. The salary for such time period should be Rs 25000/- per month.

The list was submitted with all the relevant details to the above-mentioned points in order to bring transformation in the Indian judiciary.

Alimony Amount Assessment-Important factors- As per Hindu Law

The alimony amount is given at the time of the dissolution of marriage. It is a financial support to either spouse who is unable to earn or unable to maintain himself/herself. The alimony amount can be claimed by either spouse but usually, wife claims it from husband in our patriarchal society. The alimony amount depends on various facts, contexts and their assessment by the court and there is no specific mathematical formula to calculate it despite considerations of all factors involved
The alimony amount can be provided as the one-time payment or as periodical/monthly payment.

Important points while determining the alimony amount

1. Husband’s income from various sources(salary, rent, premium from insurance policies/mutual funds etc.) and his assets, esp. self-acquired
2. Other mandatory deductions from income of either spouse such as income tax, loan repayments etc.
3. Other liabilities of either spouse such as dependents (old parents).
4. If the other spouse is working and he/she has an own income source, the same will be taken into consideration while determining the alimony amount.
5. The social status and lifestyle of either spouse may also be taken into consideration while determining the alimony amount.
6. The expenses of children, education, living cost etc. will be considered.
7. Period of marriage, age, and health of either spouse.

Statutory law References.

Section 25 of Hindu Marriage act 1995 
Section 37 of Special marriage act 1954 
Section 36 of Divorce act 1869
 
Important Judgments
1. U. Sree v. U. Srinivas, (2013) 2 SCC 114 (Supreme court)
2. Ruby Vs Debasish Pradhan 118(2014) CLT859 (Supreme court)
3. Vinny Parmar vs Paramvir Parmar 2011(3)RCR(Civil)900 (Supreme court)
4. Sumitra Manna vs. Gobinda Chandra Manna (AIR 1988 Cal 192)


Important Do: - 
1. Disclose all the facts related to the marriage.
2. Disclose the status of pending cases and details.
3. Provide the income details of either spouse.
4. Provide the self-acquired property details of either spouse.
5. Provide children details & their expenses.

How to Divorce your spouse -Mutual Consent divorce- Hindu Divorce Law

Introduction: - A mutual consent divorce between Hindu couple is governed by Hindu law (Hindu marriage Act 1955) under section 13B.

Section 13B states that a petition for dissolution of marriage may present by both parties before District court If they are living separately for a period of one or more than one year as they have not been able to cohabitate owning to personal differences and that they have mutually agreed that their marriage should be dissolved.

Important Points. 

As per section 13B of Hindu marriage act 1955 

1. Husband and wife have been living separately for a period of one year or more, 
2. That they are unable to live together
3. They are  somehow living together under one roof but owing to personal differences and bitterness in relationship, didn’t have sex for more than a year
4. And that both husband and wife have mutually agreed that marriage has totally collapsed, hence marriage should be dissolved. 

Under these circumstances, a divorce by mutual consent can be filed. 


5. A petition should jointly be presented before the court. 
6. Both parties have freely consented for dissolution of marriage. 
7. The court must be satisfied to the statements made in the petition after making inquiry and hearing the parties. 


Statutory law references-

1. Section 13B of the HMA Act 1955 provides for divorce by mutual consent. period of separation is 1 year)
2. Section 28 of the Special Marriage Act, 1954 provides for divorce by mutual consent.
3. Section 10A of the Divorce Act, 1869, provides for divorce by mutual consent (period of separation is 2 years) 

Important judgments-

1. Soni Kumari Vs. Deepak Kumar 2016(1)RCR(Civil)52 (Supreme court) 
2. Devinder Singh Narula Vs. Meenakshi Nangia 2012(4)RCR(Civil)235 (Supreme court) 
3. Anil Kumar Jain v. Maya Jain 2009 ( 4 ) RCR (Civil) 309 (Supreme court) 
4. Kiran v. Sharad Dutt JT 2000 ( 1 ) SC 532 (Supreme court) 




      Do: 

1. Share all the facts related to the marriage with a lawyer. 
2. Share every document/evidence related to the marriage with your lawyer. 
3. Provide details of ‘Streedhan', how parties are going to settle it, If already agreed else take help from Lawyer
4. Discuss and settle the important issues such as Alimony amount, child custody, and children maintenance before your file for a mutual consent divorce.-IMPORTANT
5. Create MoA (Memorandum of Agreement) along with your spouse and append it with your divorce application.