498a of the Indian Penal Code and 125 Crpc
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Section 498A of the Indian Penal Code (IPC) deals with the offence of cruelty by a husband or his relatives towards a married woman. It is a criminal offence punishable with imprisonment and fine.
On the other hand, section 125 of the Criminal Procedure Code (CrPC) deals with the provision of maintenance to a wife by her husband. It is a provision that allows a wife to seek maintenance from her husband if she is unable to support herself.
If a wife has been subjected to cruelty by her husband or his relatives, she can file a complaint under section 498A of the IPC in addition to seeking maintenance under section 125 of the CrPC.
The two provisions are independent of each other and a wife can seek relief under both provisions simultaneously or separately.
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[CIVIL APPEAL NO. 6252 OF 2021
This is only an excerpt of the main judgement. Read here full judgement
Court: Supreme Court of India
Bench: Justice M.R. Shah & Justice A.S. Bopanna
Date of Order: OCTOBER 08, 2021
Order dated 26.09.2019 passed by the High Court of Uttarakhand at Nainital in Writ Petition (MS) No. 2708/2019
Section 19 Micro, Small and Medium Enterprises Development Act, 2006
Is it mandatory to deposit 75% of the awarded amount as a pre-deposit at the time when the appeal/application under Section 34 of the Arbitration & Conciliation Act, 1996 read with Section 19 of the MSME Act, 2006 is preferred?
Additional District Judge (Commercial), Dehradun directed the appellant to deposit 75% of the awarded amount in terms of Section 19 of Micro, Small and Medium Enterprises Development Act, 2006
Appellant preferred a writ petition in High Court of Uttarakhand at Nainital as Writ Petition (MS) No. 2708/2019.
High Court of Uttarakhand at Nainital passed an order dated 26.09.2019 by which the High Court has dismissed the said writ petition and has confirmed the order passed by the learned Additional District Judge (Commercial), Dehradun.
The order of the High Court of Uttarakhand at Nainital was challenged in this case before Supreme Court.
It is mandatory to deposit 75% of the awarded amount as a pre-deposit at the time when the appeal/application under Section 34 of the Arbitration & Conciliation Act, 1996 read with Section 19 of the MSME Act, 2006 is preferred.
the issue involved in the present case is squarely covered against the appellant in view of the decision of this Court in the case of Goodyear India Limited v. Norton Intech Rubbers Private Limited, (2012) 6 SCC 345. It is submitted that the very provision of MSME Act, 2006 – Section 19 has been interpreted by this Court and it is observed and held that the requirement of a deposit of 75% as a pre-deposit is mandatory.
even the expression “in the manner directed by such court” in Section 19 has been interpreted by this Court and it is held that the expression “in the manner directed by the such court” would indicate the discretion given to the Court to allow the pre-deposit to be made, if felt necessary, in instalments. It is submitted that otherwise the deposit of 75% as a pre-deposit is mandatory and the appellate court would have no discretion at all to deviate from the mandate under Section 19 of the MSME Act, 2006.
On a plain/fair reading of Section 19 of the MSME Act, 2006, reproduced hereinabove, at the time/before entertaining the application for setting aside the award made under Section 34 of the Arbitration & Conciliation Act, the applicant/appellant has to deposit 75% of the amount in terms of the award as a pre-deposit. The requirement of a deposit of 75% of the amount in terms of the award as a pre-deposit is mandatory. However, at the same time, considering the hardship which may be projected before the appellate court and if the appellate court is satisfied that there shall be undue hardship caused to the appellant/applicant to deposit 75% of the awarded amount as a pre-deposit at a time, the court may allow the pre-deposit to be made in instalments. [Para 9.2]
In view of the above and considering the language used in Section 19 of the MSME Act, 2006 and the object and purpose of providing a deposit of 75% of the awarded amount as a pre-deposit while preferring the application/appeal for setting aside the award, it has to be held that the requirement of deposit of 75% of the awarded amount as a pre-deposit is mandatory. [Para 11]
Therefore, as such, both the High Court as well as the learned Additional District Judge (Commercial), Dehradun were justified in directing the appellant to deposit 75% of the awarded amount as a pre-deposit. [Para 11]
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MSME court Judgement >> Read here
MSME Articles >> Read more
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Conditions for mutual divorce in Special Marriage Act 1954
Section 28 of Special Marriage Act 1954 provides following grounds on which a petition for dissolution of marriage can be presented in court:
(1) Both husband and wife has been living separately for a period one year or more, and
(2) They have not been able to live together, and
(3) They have mutually agreed that the marriage should be dissolved.
The above are the explicit conditions which are provided under Section 28 of Special Marriage Act 1954. All the above grounds are mandatory before a petition for dissolution of marriage is present in court.
If any of the above grounds are missing from the petition for dissolution of marriage, the Court may reject such petition.
Besides the grounds provided in Section 28 of Special Marriage Act 1954, there are some other conditions. These conditions court may weigh before granting decree of divorce by mutual consent. These are:
(1) Marriage is solemnised as per as per the provisions of Section 4 to 14 of the Special Marriage Act 1954.
(2) Parties to marriage i.e. husband and wife must have settled all their dispute or differences, if any
They must have entered in full and final understanding. Nothing should be left, which may be a reason of future contentions or litigation between the parties to marriage.
If any permanent alimony is to be given, the wife must have received all amount of alimony, or if the alimony is to be given in future dates or monthly the husband and wife must have entered into a written understanding in that respect.
(3) If Parties to marriage i.e. husband and wife has any child, they must have entered into an understanding as to how child to be raised. There must be a clear understanding of custody and finance of child education to be met.
Related read:
Conditions for mutual divorce in Hindu Law
Conditions for mutual divorce in Christian Law
Conditions for mutual divorce in Parsi Law
Mutual Divorce Process under Hindu Law
Mutual divorce process under Special Marriage Act 1954
Mutual Divorce Process in Christian law
Mutual Divorce Process in Parsi Law
Mutual divorce laws – Mutual divorce laws in India
Note: This article is posted by the team of NB Associates. The content(s) of this Article cannot be copied or reproduced without the express written consent of NB Associates.
Free online mutual divorce legal consultation
Free online mutual divorce case evaluation
If you have any other queries or questions related to Divorce by mutual consent you can contact us with the following details :
Call: 9811899279
Email: mail@nbassociates.net
Conditions for mutual divorce in Hindu Law – Sec 13B
Section 13B provides following grounds on which a petition for dissolution of marriage can be presented in court:
(1) Both husband and wife has been living separately for a period one year or more, and
(2) They have not been able to live together, and
(3) They have mutually agreed that the marriage should be dissolved.
The above are the explicit conditions which are provided under section 13B of Hindu Marriage Act. All the above grounds are mandatory before a petition for dissolution of marriage is present in court.
If any of the above grounds are missing from the petition for dissolution of marriage, the Court may reject such petition.
Besides the grounds provided in Section 13B of Hindu Marriage act, there are some other conditions. These conditions court may weigh before granting decree of divorce by mutual consent. These are:
(1) Marriage is solemnised as per Hindu Laws.
(2) Parties to marriage i.e. husband and wife must have settled all their dispute or differences, if any
They must have entered in full and final understanding. Nothing should be left, which may be a reason of future contentions or litigation between the parties to marriage.
If any permanent alimony is to be given, the wife must have received all amount of alimony, or if the alimony is to be given in future dates or monthly the husband and wife must have entered into a written understanding in that respect.
(3) If Parties to marriage i.e. husband and wife has any child, they must have entered into an understanding as to how child to be raised. There must be a clear understanding of custody and finance of child education to be met.
Related read:
Conditions for mutual divorce in Special Marriage Act 1954
Conditions for mutual divorce in Christian Law
Conditions for mutual divorce in Parsi Law
Mutual Divorce Process under Hindu Law
Mutual divorce process under Special Marriage Act 1954
Mutual Divorce Process in Christian law
Mutual Divorce Process in Parsi Law
Mutual divorce laws – Mutual divorce laws in India
Note: This article is posted by the team of NB Associates. The content(s) of this Article cannot be copied or reproduced without the express written consent of NB Associates.
Free online mutual divorce legal consultation
Free online mutual divorce case evaluation
If you have any other queries or questions related to Divorce by mutual consent you can contact us with the following details :
Call: 9811899279
Email: mail@nbassociates.net
Grounds of mutual divorce in Christian law – Section 10A of Divorce Act 1869
Section 10A of Divorce Act 1869 provides following grounds on which a petition for dissolution of marriage can be presented in court:
(1) Both husband and wife has been living separately for a period two year or more, and
(2) They have not been able to live together, and
(3) They have mutually agreed that the marriage should be dissolved.
The above are the explicit conditions which are provided under Section 10A of Divorce Act 1869. All the above grounds are mandatory before a petition for dissolution of marriage is present in court.
If any of the above grounds are missing from the petition for dissolution of marriage, the Court may reject such petition.
Besides the grounds provided in Section 10A of Divorce Act 1869, there are some other conditions. These conditions court may weigh before granting decree of divorce by mutual consent. These are:
(1) Marriage is solemnised as per the Christian laws / customs.
(2) Parties to marriage i.e. husband and wife must have settled all their dispute or differences, if any
They must have entered in full and final understanding. Nothing should be left, which may be a reason of future contentions or litigation between the parties to marriage.
If any permanent alimony is to be given, the wife must have received all amount of alimony, or if the alimony is to be given in future dates or monthly the husband and wife must have entered into a written understanding in that respect.
(3) If Parties to marriage i.e. husband and wife has any child, they must have entered into an understanding as to how child to be raised. There must be a clear understanding of custody and finance of child education to be met.
Related read:
Conditions for mutual divorce in Special Marriage Act 1954
Conditions for mutual divorce in Hindu Law
Conditions for mutual divorce in Parsi Law
Mutual Divorce Process under Hindu Law
Mutual divorce process under Special Marriage Act 1954
Mutual Divorce Process in Christian law
Mutual Divorce Process in Parsi Law
Mutual divorce laws – Mutual divorce laws in India
Note: This article is posted by the team of NB Associates. The content(s) of this Article cannot be copied or reproduced without the express written consent of NB Associates.
Free online mutual divorce legal consultation
Free online mutual divorce case evaluation
If you have any other queries or questions related to Divorce by mutual consent you can contact us with the following details :
Call: 9811899279
Email: mail@nbassociates.net
Conditions for mutual divorce in Parsi Law : Sec 32B of PMDA
Section 32B of Parsi Marriage and Divorce Act 1936 provides following grounds on which a petition for dissolution of marriage can be presented in court:
(1) Both husband and wife has been living separately for a period one year or more, and
(2) They have not been able to live together, and
(3) They have mutually agreed that the marriage should be dissolved.
The above are the explicit conditions which are provided under Section 32B of Parsi Marriage and Divorce Act 1936.
All the above grounds are mandatory before a petition for dissolution of marriage is present in court.
If any of the above grounds are missing from the petition for dissolution of marriage, the Court may reject such petition.
Besides the grounds provided in Section 32B of Parsi Marriage and Divorce Act 1936, there are some other conditions. These conditions court may weigh before granting decree of divorce by mutual consent. These are:
(1) Marriage is solemnised as per provisions of Parsi Marriage and Divorce Act 1936.
(2) Parties to marriage i.e. husband and wife must have settled all their dispute or differences, if any
They must have entered in full and final understanding. Nothing should be left, which may be a reason of future contentions or litigation between the parties to marriage.
If any permanent alimony is to be given, the wife must have received all amount of alimony, or if the alimony is to be given in future dates or monthly the husband and wife must have entered into a written understanding in that respect.
(3) If Parties to marriage i.e. husband and wife has any child, they must have entered into an understanding as to how child to be raised. There must be a clear understanding of custody and finance of child education to be met.
Related read:
Conditions for mutual divorce in Special Marriage Act 1954
Conditions for mutual divorce in Christian Law
Conditions for mutual divorce in Parsi Law
Mutual Divorce Process under Hindu Law
Mutual divorce process under Special Marriage Act 1954
Mutual Divorce Process in Christian law
Mutual Divorce Process in Parsi Law
Mutual divorce laws – Mutual divorce laws in India
Note: This article is posted by the team of NB Associates. The content(s) of this Article cannot be copied or reproduced without the express written consent of NB Associates.
Free online mutual divorce legal consultation
Free online mutual divorce case evaluation
If you have any other queries or questions related to Divorce by mutual consent you can contact us with the following details :
Call: 9811899279
Email: mail@nbassociates.net
Mutual Divorce Process under Hindu Law : Section 13B of Hindu Marriage Act 1955
Followings are steps of Mutual divorce process under Section 13B as in Hindu Marriage Act 1955
First – Parties to marriage i.e. husband and wife filing the joint petition for divorce by mutual consent in the court of law.
Second – Court makes inquires and takes statement of Parties.
Third – Court passes and order. Gives parties cooling off period minimum of six months.
Fourth – Parties present a second motion. This second motion must be presented after six months of court’s first order and before the expiry of eighteen months.
Fifth – Court hears both the parties. Court makes inquiries for its satisfaction as to the marriage was solemnised and that the averments made in the petition are true.
Sixth – One being satisfied and taking statement of the parties, Court passes a decree of dissolution of marriage.
Related read:
Conditions for mutual divorce in Special Marriage Act 1954
Conditions for mutual divorce in Christian Law
Conditions for mutual divorce in Parsi Law
Mutual Divorce Process under Hindu Law
Mutual divorce process under Special Marriage Act 1954
Mutual Divorce Process in Christian law
Mutual Divorce Process in Parsi Law
Mutual divorce laws – Mutual divorce laws in India
Note: This article is posted by the team of NB Associates. The content(s) of this Article cannot be copied or reproduced without the express written consent of NB Associates.
Free online mutual divorce legal consultation
Free online mutual divorce case evaluation
If you have any other queries or questions related to Divorce by mutual consent you can contact us with the following details :
Call: 9811899279
Email: mail@nbassociates.net
Mutual divorce process under Section 28 Special Marriage Act 1954
Followings are steps of Divorce by mutual consent process under Section 28 as in Special Marriage Act 1954
First – Parties to marriage i.e. husband and wife filing the joint petition for divorce by mutual consent in the court of law.
Second – Court makes inquires and takes statement of Parties.
Third – Court passes and order. Gives parties cooling off period minimum of six months.
Fourth – Parties present a second motion. This second motion must be presented after six months of court’s first order and before the expiry of eighteen months.
Fifth – Court hears both the parties. Court makes inquiries for its satisfaction as to the marriage was solemnised and that the averments made in the petition are true.
Sixth – One being satisfied and taking statement of the parties, Court passes a decree of dissolution of marriage.
Related read:
Conditions for mutual divorce in Special Marriage Act 1954
Conditions for mutual divorce in Christian Law
Conditions for mutual divorce in Parsi Law
Mutual Divorce Process under Hindu Law
Mutual divorce process under Special Marriage Act 1954
Mutual Divorce Process in Christian law
Mutual Divorce Process in Parsi Law
Mutual divorce laws – Mutual divorce laws in India
Note: This article is posted by the team of NB Associates. The content(s) of this Article cannot be copied or reproduced without the express written consent of NB Associates.
Free online mutual divorce legal consultation
Free online mutual divorce case evaluation
If you have any other queries or questions related to Divorce by mutual consent you can contact us with the following details :
Call: 9811899279
Email: mail@nbassociates.net
Mutual Divorce Process in Christian law, Mutual Divorce Procedure in Christian law Mutual Divorce steps in Christian law
Followings are steps of Mutual divorce process under Section 10A as in Divorce Act 1869
First – Parties to marriage i.e. husband and wife filing the joint petition for divorce by mutual consent in the court of law.
Second – Court makes inquires and takes statement of Parties.
Third – Court passes and order. Gives parties cooling off period minimum of six months.
Fourth – Parties present a second motion. This second motion must be presented after six months of court’s first order and before the expiry of eighteen months.
Fifth – Court hears both the parties. Court makes inquiries for its satisfaction as to the marriage was solemnised and that the averments made in the petition are true.
Sixth – One being satisfied and taking statement of the parties, Court passes a decree of dissolution of marriage.
Related read:
Conditions for mutual divorce in Special Marriage Act 1954
Conditions for mutual divorce in Christian Law
Conditions for mutual divorce in Parsi Law
Mutual Divorce Process under Hindu Law
Mutual divorce process under Special Marriage Act 1954
Mutual Divorce Process in Christian law
Mutual Divorce Process in Parsi Law
Mutual divorce laws – Mutual divorce laws in India
Note: This article is posted by the team of NB Associates. The content(s) of this Article cannot be copied or reproduced without the express written consent of NB Associates.
Free online mutual divorce legal consultation
Free online mutual divorce case evaluation
If you have any other queries or questions related to Divorce by mutual consent you can contact us with the following details :
Call: 9811899279
Email: mail@nbassociates.net
Mutual Divorce Process in Parsi Law
Followings are steps of Mutual divorce process under Section 32B as in Parsi Marriage and Divorce Act 1936
First – Parties to marriage i.e. husband and wife filing the joint petition for divorce by mutual consent in the court of law.
Second – Court hears both the parties. Court makes inquiries for its satisfaction as to the marriage was solemnised and that the averments made in the petition are true.
Third – One being satisfied and taking statement of the parties, Court passes a decree of dissolution of marriage.
Unlike Hindu Marriage Act 1955 and Special Marriage Act 1955 there is no provision under section 32B of Parsi Marriage and Divorce Act 1936 for the cooling off period minimum of Six months.
Related read:
Conditions for mutual divorce in Special Marriage Act 1954
Conditions for mutual divorce in Christian Law
Conditions for mutual divorce in Parsi Law
Mutual Divorce Process under Hindu Law
Mutual divorce process under Special Marriage Act 1954
Mutual Divorce Process in Christian law
Mutual Divorce Process in Parsi Law
Mutual divorce laws – Mutual divorce laws in India
Note: This article is posted by the team of NB Associates. The content(s) of this Article cannot be copied or reproduced without the express written consent of NB Associates.
Free online mutual divorce legal consultation
Free online mutual divorce case evaluation
If you have any other queries or questions related to Divorce by mutual consent you can contact us with the following details :
Call: 9811899279
Email: mail@nbassociates.net
This page is intended for informative purposes only and does not constitute solicitation of client or legal advice.
For advice specific to your situation existing clients may please consult our team.
