A Complete Guide to Mutual Consent Divorce Procedure in Jaipur-

Khanna & Associates LLP

Khanna & Associates LLP founded in 1948 by Late Amarnath Singh Khanna is a giant of its

kind.It is a conglomerate of Diversified Acumen with its verticals ranging from Legal to Finance

.

Our Team at Khanna & Associates will make an endeavour to help in your way to seek Mutual

Consent Divorce

Mutual Consent Divorce was brought by the India Parliament vide Amendment in the year 1976

in the Hindu Marriage Act.

Mutual Consent Divorce has brought relieve. As a mutual consent divorce lawyer, it is desirable

to suggest to parties to understand the futility of long drawn litigation and thereby proceed

towards mutual consent divorce.

As per law, duration/time of obtaining mutual consent divorce is six months. Although, parties

have option of filing the second motion petition any time between six months and eighteen

months from the date of the filing of the Mutual Consent Divorce Petition.

Parties desirous of Mutual Consent Divorce are always perplexed as to how to initiate the

process, role of court, terms and conditions of mutual consent divorce, issues of maintenance and

child custody, duration of mutual consent divorce, place where Petition for mutual consent

divorce can be filed and other allied questions

For the purpose of clarity, you just need to understand following bullets point:-

Spouses should talk to each other about future course. If both spouses reach to a conclusion that

marriage is not workable they should ease out the tension surrounding them and accept that their

marriage has broken down. Forget the fear of society. Nobody knows situation better than

husband and wife themselves; also impact on the children.Accept that there can be agreement

even in disagreement.

If there are child(ren) involved, spouse should decide amongst themselves who is going to be

have the physical custody of the children, duration of visitation rights and interim custody during

summer and winter vacations and other holidays. Both parents are equally competent to take the

custody of the children. It's the understanding and agreement between parties which prevails

subject to the welfare of the minor child(ren). Parties can have understanding of joint custody or

shared parenting in mutual consent divorce process.

If there are child(ren) involved, spouse should decide amongst themselves who is going to be

have the physical custody of the children, duration of visitation rights and interim custody during

summer and winter vacations and other holidays. Both parents are equally competent to take the

custody of the children. It's the understanding and agreement between parties which prevails

subject to the welfare of the minor child(ren). Parties can have understanding of joint custody or

shared parenting in mutual consent divorce process.

Next important aspect is financial settlement. There are various aspects of financial settlement

which includes alimony, maintenance, house, education expenses, higher education expenses,

marriages, istridhan, joint investments, joint accounts and many other. As a mutual consent

divorce lawyers, we provide platform to parties to discuss these issues in calm atmosphere and

reach to their own solutions. We as a mutual consent divorce lawyers provide different options

using our vast experience in the field to resolve issues affecting the chances of settlement.

Sometime, emotions between spouses are running so high that logic fails.

Now, you are ready to file petition for mutual consent divorce.Petition for mutual consent

divorce can be filed at any of the following place:-

Place where marriage had taken place

Place where husband and wife last resided together.

Place where wife is residing at the time of filing of the Petition

Once petition for divorce by mutual consent is filed, parties presence are required in the Court

for recording of the statement. In the event one of the party is unable to come, such party can

appear through power of attorney. Such power of attorney preferably should be a family member

of the spouse.Once statement is recorded, it is commonly called First Motion has been granted.

After passing of first motion, parties are called upon to wait for six months period before moving

Petition for second motion. This period is extendible unto eighteen months. This six months

period in mutual consent divorce is generally called cooling-off period. Six months period are

given to parties to think their relationship again. It is given for reconciliation.

After six months period, if parties have been unable to resolve their differences, they will have to

appear in the Court again. Statement of parties would be recorded again.

During the period of six months i.e. before moving second motion, both parties have liberty to

withdraw their consent for divorce.

After this Court passes an order dissolving the marriage by granting decree of divorce and

thereby marriage stands dissolved.

KHANNA & ASSOCIATES is a full service International Law Firm handling all legal matters

on Civil, Criminal, Business, Commercial, Corporate, Arbitration , Labor & Service subjects in

law, in all courts as well as Tribunals. An individualized service by members with decades of

experience ensures total satisfaction to the clients.

We Provide Following Services :

· Mutual Consent Divorce

· Contested Divorce

· International Divorce

· NRI Divorce

· Child Custody

· Maintainance and Alimony

· 498A and other Criminal Proceedings

· Annulment Of Marriage

· Domestic Violence

· Transfer Petition in Supreme Court

· Restitution Of Conjugal Rights

· Judicial Seperation

· Court Marriage

· Divore Petiotion Drafting

· Counseling & Mediation

Contact Us :

o www.khannaandassociates.com

o www.cafirm.khannaandassociates.com

o www.bestdivorcelawyer.in

o www.domesticviolence.co.in

IN-+91-946160007 ,9461620006

US-+1-80151-20200

info@khannaandassociates.com

cafirm.khannaandassociates@gmail.com

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An Action Plan for Start up/Stand up India/Jaipur as per companies act

2013-Khanna & Associates

All you Need to Know

KHANNA & ASSOCIATES is a 70 year old taxation lawyer and chartered accountant

firm .It includes Company Secretary , MBA s, Taxation Lawyers and Chartered

Accountant. We are an international law firm . We provide various services legal to

finance.

we provide the formation, Promotion ,Incorporation ,management and post-incorporation

compliance services for LLP/Private/Public/Wos/Ngos/Non-profit offshore and onshore

companies.

Prime Minister Narendra Modi has kicked off the ambitious Startup India Movement. The government programme

aims to fill gaps in the economy for the growth and development of startups and will aim to boost digital

entrepreneurship at the grassroots.

What is a Startup?

Most countries would define a startup with parameters such as age, growth, revenue, profitability or even

stability.The essence of startups is generally related to the concepts of technology, innovation, scalability, and

entrepreneurship.

Many of the world’s largest technology companies, including Google and Facebook, still consider themselves to be

startups in one sense or another. Indeed, they see being a startup as more of a state of mentality of innovation and

problem solving for masses. Startups – a proposed legal definition. As the Government of India proposes to provide

tax incentives and other benefits for Startups, it is imperative that a clear definition of Startups is provided in the

proposed notification. A Startup status depends on its age, revenues, profits, employees, business and technology.

Therefore, a draft legal definition that covers the following elements can be included in the proposed

notification: -

A Startup is an incorporated legal entity of not more than 7-years, which uniquely uses technology to deliver

products, services or solutions across India, and in any Financial-Year it has,

ü Annual profits of less than Rs. 5 crores

ü Annual revenues of less than Rs. 100/- crores; and less than 100 direct-employees on it’s rolls; and

ü Also market capitalization of less than Rs. 100 crores.

This proposed definition of Startups has several advantages for Government of India. These

advantages are:

A startup status can be given to any kind of entity- it can be a company:-

Ø LLP Partnership

Ø Section-8 not-for-profit

Ø Society

Ø Trust or even proprietorships.

The annual profits, revenues, employment, market capitalization, patent filings are all measurable and can be

supported with paper-evidence and proof — Indian bureaucracy likes this.

This Startup definition will require startups to solve a problem that caters to India. Many startups may have market

exclusively outside India (for example a call center), and such Startups cannot be eligible to seek Incentives from

Government of India – funded by Indian tax payer’s money.

The Sops

A very supportive Government came out with number of sops for Indian startups.

Important sops includes:-

Ø Tax exemptions for three years

Ø Concessions on capital gains tax

Ø Compliance simplification

Ø Self-certification

Ø No regulatory inspection for three years,

Ø A Rs. 10,000 crore fund to back startups, 90 days to close down a startup, 80 % reduction in patent filing fee,

Ø And also a mobile app to be launched on April 1 making it possible to register startups in one day.

The Honorable Prime Minister was quick to point out that the startup package is commitment of ‘Minimum

Government with Maximum Governance’. It is not interested in licensing a startup, but providing support

and funding, where ever necessary. A visibly excited startup industry has welcomed the announcements with

a big applaud.Many entrepreneurs were excited by the announcements made by Prime Minister Narendra

Modi as part of the Startup India Action Plan.

In addition, for a startup to be recognized as one,

Ø It must be an entity registered/incorporated as a:

Ø Private Limited Company under the Companies Act, 2013; or

Ø b. Registered Partnership firm under the Indian Partnership Act, 1932; or

Ø c. Limited Liability Partnership under the Limited Liability Partnership Act, 2008.

Ø Five years must not have elapsed from the date of incorporation/registration.

Ø Annual turnover (as defined in the Companies Act, 2013) in any preceding financial year must not exceed Rs. 25

crore.

Ø Startup must be working towards innovation, development, deployment or commercialisation of new products,

processes or services driven by technology or intellectual property.

The Startup must aim to develop and commercialise:

A. new product or service or process; or

B. significantly improved existing product or service or process that will create or add value for customers or

workflow.

C. The Startup must not merely be engaged in:

D. developing products or services or processes which do not have potential for commercialisation; or

E. undifferentiated products or services or processes; or

F. products or services or processes with no or limited incremental value for customers or workflow

G. The Startup must not be formed by splitting up, or reconstruction, of a business already in existence.

H. The Startup has obtained certification from the Inter-Ministerial Board, setup by DIPP to validate the innovative

nature of the business, and

ü be supported by a recommendation (with regard to innovative nature of business), in a format specified by DIPP, from

an incubator established in a post-graduate college in India; or

ü be supported by an incubator which is funded (in relation to the project) from GoI as part of any specified scheme to

promote innovation; or

ü be supported by a recommendation (with regard to innovative nature of business), in a format specified by DIPP, from

an incubator recognized by GoI; or

ü be funded by an Incubation Fund/Angel Fund/Private Equity Fund/Accelerator/Angel Network duly registered with

SEBI* that endorses innovative nature of the business; or

ü be funded by the Government of India as part of any specified scheme to promote innovation; or

ü have a patent granted by the Indian Patent and Trademark Office in areas affiliated with the nature of business being

promoted.

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