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As per Section 13 of the Hindu Marriage Act, 1955 there are following eight grounds of divorce and any of the spouse either husband or wife can file a divorce petition on following grounds: i) Adultery – when other spouse had voluntary sexual intercourse with any other person ii) Cruelty – when other spouse inflicts mental and physical cruelty on the petitioner iii) Desertion – when other party has left the petitioner and not living with him/her without any reasonable reason for a continuous period of not less than two years iv) Conversion to another religion – When the other party converts to any other religion v) Insanity – other party has been of unsound mind which cannot be cured or suffering from mental disorder vi) Venereal Disease - Suffering from venereal disease (sexually transmitted disease) in a communicable form vii)Renunciation - renounces the world by entering any religious order such as becoming sanyasi etc. viii) Presumption of death – when the other party has not heard of as being alive for a period of seven years or more

The minimum period of separation to be spend before filing a petition for divorce in India depends on the type of divorce and the grounds for divorce. - If a party is seeking a contested divorce on grounds of adultery, cruelty, conversion to another religion, insanity, venereal disease, and renunciation then there is no minimum period of separation to be spend before filing a petition for divorce. - If a party is seeking a divorce on ground of desertion, then it needs to show before the court that the other party is living separately without reasonable excuse for more than two years. - If both the husband and wife are filing a joint petition for divorce by mutual consent, then they must spend a time of atleast one year living separately from each other.

This depends on surrounding circumstances. If wife has left the company of her husband without reasonable excuse, then the court can grant decree of restitution of conjugal rights and may order the wife to live with her husband. However, if the wife can show the reasonable reasons to court, then no such decree can be passed. It is pertinent to note that the court cannot ‘force’ the wife to resume cohabitation with the husband. The decree for restitution of conjugal rights is a direction and if the wife does not obey such order, then there is not much consequence against her. If the wife still refuses to resume cohabitation for one year after passing of decree of restitution of conjugal rights, then the husband may seek divorce on this ground alone.

Yes. Wife may be asked by the court to pay to husband after divorce. As per Section 25 of the Hindu Marriage Act either wife or the husband can apply before the court for permanent alimony and maintenance. The court while calculating the amount of alimony shall take the monthly salary and property of wife into consideration.

The Hindu Marriage Act prescribes that, if practicable, then divorce proceeding under the Act should be completed within six months from the date of notice issued to opposite party. However, the current workload on courts and lengthy and hectic procedure makes it impractical to complete proceedings under within six months. Therefore, proceedings in case of divorce by mutual consent may complete within 6 months while that of contested divorce can take 1-2 year.

This depends on surrounding circumstances. If husband has left the company of his wife without reasonable excuse, then the court can grant decree of restitution of conjugal rights and order the husband to live with his wife. However, if the husband can show the reasonable reasons to court, then no such decree can be passed. It is pertinent to note that the court cannot ‘force’ the husband to resume cohabitation with the wife. The decree for restitution of conjugal rights is a direction and if the husband does not obey such order, then there is not much consequence against him. If the husband still refuses to resume cohabitation for one year after passing of decree of restitution of conjugal rights, the wife may seek divorce on this ground alone.

Petition for Divorce under Hindu Marriage Act can be filed at the Family Court of a district where: i) the marriage was solemnized, or ii) the other party/spouse is residing, or iii) both the husband and wife last resided together, There are two special circumstances where the petition can be filed where the petitioner is residing viz: i) if the petitioner is wife, or ii) if the other party is not living in India

There is no fixed number or formula to assess how much wife gets after divorce. While calculating the quantum of alimony the court takes into account factors such as social status and standard of living of both the parties, income and assets of both the parties, financial responsibilities of the husband, age of the wife and husband, education and health expenses of child, duration for which the couple has been married, conduct of both the parties.

A husband cannot directly say NO to pay alimony, however, he can contest the same on certain grounds such as the wife has been involved in adultery, wife’s monthly income or her property is more than the husband and sufficient enough to provide her financial support and maintain her standard of living, the wife is settled with another partner etc.

When any person does not want to live and cohabit with his or her spouse and also confuse to get decree of divorce from the court then in such case such person can file petition for judicial separation under Section 10 of Hindu Marriage Act. When court pass such decree of judicial separation in favour of one person then he/she does not need to live and cohabit with his/her spouse and can live separately without getting a divorce.

One cannot file petition for divorce before completion of a period of one year from the date of marriage. However, if an application is made before the court showing that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the other party then the court may allow a petition before competition of one year from date of marriage.

Judicial separation is a legal process where husband and wife can live separately while still being legally married. When any person does not want to live and cohabit with his or her spouse and also confuse to get decree of divorce from the court then in such case such person can file petition for judicial separation under Section 10 of Hindu Marriage Act. When court pass such decree of judicial separation in favour of one person then he/she does not need to live and cohabit with his/her spouse. In such case the spouse will be legally married. Decree of judicial separation is mostly obtained in those where the husband and wife who can’t live together but want to be involved in upbringing of their children.

The grounds of judicial separation are same as that of divorce. Therefore, a person can file a petition for judicial separation on following grounds: i) Adultery – when other spouse had voluntary sexual intercourse with any other person ii) Cruelty – when other spouse inflicts mental and physical cruelty on the petitioner iii) Desertion – when other party has left the petitioner and not living with him/her without any reasonable reason for a continuous period of not less than two years iv) Conversion to another religion – When the other party converts to any other religion v) Insanity – other party has been of unsound mind which cannot be cured or suffering from mental disorder vi)Venereal Disease - Suffering from venereal disease (sexually transmitted disease) in a communicable form vii)Renunciation - renounces the world by entering any religious order such as becoming sanyasi etc. viii) Presumption of death – when the other party has not heard of as being alive for a period of seven years or more

An interim bail is granted to an accused for a short period of time for specific purpose and on specific grounds such as for medical treatment, for attending marriage and funerals in the family, and others. At the end of period for which the interim bail is allowed the accused shall again be sent to the judicial custody i.e., in prison.

There are numerous grounds for rejection of bail such as when the prima facie evidence shows that the accused has committed the offence, when the nature of offence to which the person is accused of is grave and serious, when the accused has criminal antecedents, when there are chances that the accused will misuse the liberty, when there are chances that the accused shall attempt to tamper the evidence and influence the witness, when there is probability that the accused shall flee from the trial etc.

It is an amount fixed by the court at the time of granting bail. The accused have to get the bail bond signed by a surety who is financially capable to deposit bail amount in the case the accused fails to appear before the trial court.

There are multiple grounds on which bail can be granted by the court viz. facts and circumstances does not lead to formation of prima facie opinion indicating guilt of the accused, ingredients of particular offence are not met out, discrepancies in the chargesheet, statements of the witnesses in the chargesheet are contradictory to each other, chargesheet showing faulty investigation by the police authorities. Apart from these the other general grounds may include the character of the accused, nature of the offence, age and gender of the accused etc.

When an accused is found guilty and convicted by a trial court then an accused can file for ‘suspension of sentence and grant of bail’ at the appellate court. The appellate court shall hear the entire case on merits considering the chargesheet, documentary and other evidence including the statements of witness and may suspend the sentence and grant the bail to the accused.

There is no fixed time-limit prescribed in statute to grant bail to any person in India. However, whenever a person apply for bail before JMFC or Court of Sessions his bail application will be heard within a day and therefore, if allowed, then he can get a bail in a day or two. While if the person applies for a bail before the High Court, then generally as per listing rules prescribed in MP High Court Rules a bail application may be listed within three days of filing. This time period is subject to change from High Court to High Court. Therefore, a person bail application will be heard within three days in the High Court.

Complainant, victim and victim’s close relative can oppose the bail application filed by the accused. It is pertinent to note that the State i.e. the Government will always be there to oppose the bail.

Yes, one can leave the county if he is on bail subject to the conditions attached to the bail. If there are no condition restricting travel to abroad then one can leave India but if there is condition with respect to travelling then one have to take prior permission of the court before travelling to foreign country.

When a bail application is denied by the court then the accused would be sent to judicial custody i.e., in prison till the conclusion of trial. However, when bail is denied then the accused has right to challenge the order before the appellate court. For e.g., if the bail application is rejected by the Court of Sessions, then the accused can approach the High Court and if the bail is rejected by the High Court, then the accused can approach before the Supreme Court.

Yes, a regular bail granted by the court can be cancelled either by the same court if the accused infringes the conditions of bail such as misuse of liberty, interferes in course of investigation, attempts to tamper with evidence or influence the witnesses etc. Bail can also be cancelled on an application by the complainant before the higher court.

A bail granted by court is valid till the conclusion of trial subject to fulfillment of the conditions of the bail. The court can cancel the bail if any of the prescribed conditions is breached by the accused.

When bail is granted to the accused, then the accused will be released from the judicial custody (if he is already in custody) or will not be sent to the prison till the conclusion of the trial. However, during the trial the accused shall have to comply with the conditions placed in the bail.

On the basis of category of offences, bail in India can be classified into two types viz. i) Bail in bailable offence (Section 436 Cr.P.C.) and ii) Bail in non-bailable offence (Section 437-439 Cr.P.C.). In bailable offence, bail can be asked as a matter of right and the court will not reject application of bail of applicant and also the Police authority shall not arrest the person charged for bailable offence. On the other hand in non-bailable offence, bail cannot be asked as a matter of right and is granted by court only on its discretion. Bail in non bailable case is further classified into two types viz. i) Regular Bail (Section 437 & 439 Cr.P.C) and ii) Anticipatory Bail (Section 438 Cr.P.C.). A regular bail is granted when the person has been already arrested meanwhile an anticipatory bail is granted before the person has been arrested when such person has an apprehension or reason to believe that he may be arrested for commission of any non-bailable offence. Default Bail (Section 167 Cr.P.C.) – When the police fail to complete the investigation within specified period (90 days when the offence is punishable with death, life imprisonment or imprisonment for at least ten years or 60 days for other offences), then the person will get the right to bail and the court shall grant bail to such accused. This kind of bail is known as default bail.

It is a written instrument signed by the accused along with one surety assuring the court that the accused shall appear for trial and if fails, then the accused shall pay a sum of money set by the court.

If the bail gets cancelled, then the accused shall be sent to judicial custody i.e., in prison till he further gets bail or conclusion of trial, whichever happens is earlier.

A person can apply for bail as many times as he wish till he gets bail or till the conclusion of trial. However, once a bail is rejected on merits then another bail application can be filed only on new grounds and only after the change in facts and circumstances of the case.

How do I recover money from a cheque bounce case? There are two ways to recover your money from a cheque bounce case viz. i) following the procedure as laid down in Section 138, Negotiable Instruments Act, 1881, or ii) filing a civil suit. Click here to know more about how to recover your money under Section 138, Negotiable Instruments.

Yes. Under Sec. 200 of Cr. P.C, one can withdraw the complaint filed by him under Section 138, Negotiable Instruments Act anytime and at any stage of the proceeding.

Only the payee can send demand notice under Section 138. He can do so through a law firm or an advocate.

Yes. A bounced cheque can be deposited again within the period of its validity

No. The police will not lodge the FIR for offence of dishonour of cheque. However, one can lodge the FIR for offence of Cheating

The Negotiable Instruments Act, 1881 prescribes that case of dishonour of cheque should be completed within six months. However, considering the workloads on courts, these cases are taking 3-4 years to complete while it may go upto 6-7 years for some. Most of the cases are end up in settlement and they get withdrawn anytime and therefore, end of a case under Section 138 depends on case to case

A Demand Notice is actually a legal notice sent through an advocate demanding the said amount of money mentioned on the cheque. The notice must contain information such as the drawer who has issued the cheque, the transaction for which the cheque was issued by the drawer, details of the cheque such as cheque number and bank of the account holder, the bank to which the cheque was presented, the date on which cheque was presented and date on which the bank returned the cheque, etc. The notice must be sent within 30 days of the receipt of information by him from the bank regarding the return of the cheque as unpaid. The notice must clearly mention the demand by the payee from the drawer of the amount for which the cheque was issued.

Cheque validity period is a time period within which the cheque is considered a valid negotiable instrument for transaction. Once the validity period ends, the cheque will be considered invalid. As per RBI, cheques shall have validity of 3 months from its date

The offence of dishonour of cheque under Section 138 is punishable with imprisonment for a term which may be extended to two years or with fine which may extend to twice the amount of the cheque, or with both.

Yes. If a cheque issued by you gets dishonoured, then you have to pay the amount of the cheque within 15 days once the demand notice under Section 138 sent by the payee is received by you. If you have valid reasons and therefore, do not wish to pay, then you can contest the case which the payee of the cheque is going to file against you.

Although proceedings under Section 138 are civil proceedings, proceedings under Sec. 138 can be called a "civil sheep" in a "criminal wolf's clothing". Proceedings under 138 are meant to ensure payment of money and the threat of jail is only a mode to ensure recovery.

The court fee for complaint under Section 138 is directly depended on the amount of cheque. In Madhya Pradesh the court fee for complaint under Section 138 i.e., for dishonour of cheque is as follows: Amount of Cheque Court Fee Less than Rs. 4,000 Rs. 200 Rs. 4,000 to Rs. 1,00,000 5% of the amount of cheque Rs. 1,00,000 – Rs. 5,00,000 5% on Rs. 1,00,000 + 4% of the remaining amount More than Rs. 5,00,000 5% on Rs. 1,00,000 + 4% on the next Rs. 4,00,000 + 3% of the remaining amount while maximum being Rs. 1,50,000

There is no fixed limit for presenting a cheque before the bank. You can present a dishonoured cheque multiple times within the period of its validity. This is usually done when the cheque is dishonoured first time for insufficient fund and the drawer of the cheque deposited the sufficient amount in its bank account after such dishonour of cheque.

Yes. Offence of dishonour of cheque is a bailable offence and therefore, you can get bail easily as a matter of right from the trial court.

Yes, if the cheque gets dishonoured for insufficient funds and the drawer deposits the required sum in his account then on presenting the cheque again would be cleared by the bank.

This is a three step procedure under Section 138, Negotiable Instruments Act to recover your money when the cheque gets dishonoured which is: Step 1: Sending Demand Notice within one month from the date of dishonour of cheque by bank Step 2: 15 days time period to the drawer of the cheque for making payment and Step 3: Filing complaint before the JMFC or Metropolitan Magistrate.

A cheque gets dishonoured on different reasons but the most common of them are insufficient funds in the account of the drawer, payments stopped by the drawer, account closed by the drawer before presentation of the cheque, signature of drawer on cheque not matched with signature of drawer in the records of the bank, the cheque amount has exceeded or crossed the limits of the overdraft.

Offence of dishonour of cheque is a bailable offence and therefore, you can get bail easily as a matter of right from the trial court under Section 436 Cr.P.C.

It is a document issued by the bank where the cheque was presented which informs the payee that the cheque presented by him was dishonoured. The return memo shall mentions details such as the name of the bank where cheque was presented, depositor name, depositor account number, date on which the cheque was presented, date in which the cheque was returned and most importantly the reason for the return of the cheque.

No. The time limit provided in Section 138 has to be followed very strictly and therefore, a notice sent after 30 days does not fulfill the requirement prescribed under the provision. However, if you could not send the demand notice within one month and the cheque is within its validity period then you can present the cheque once again before the bank and the new time limit of 30 days for sending the demand notice shall start.