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Mandatory Compliances For Newly Registered Companies in India


Mandatory Legal Compliance for Private Limited Company Under Companies Act, 2013

All the Companies Registered under Indian laws are governed by the provisions of Companies Act, 2013,  (An act of Parliament which regulates the working of Companies stating the legal limits within which companies may do their business).Company law provides many legal compliances that are to be made by every company like reporting of financial results, reporting of changes in management, maintenance of statuary registers, auditing of accounts etc. All the compliances provided under the Company Law may be divided in 2 parts for making it easy to understand:

  1. Mandatory Compliances: In this category I will include all these compliances which are mandatory for all Companies irrespective of their capital and nature of business etc.
  2. Event Based Compliances: In this category I will include all these compliances which are to be made on occurrence of an event in the Company like change in directorship, alteration in capital clause, alteration in object clause etc.

In this article I will try to include all the mandatory compliances that are to be made by every Private Limited Company in compliance with the provisions of Companies Act, 2013 in every financial year after incorporation of Company.

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Mandatory Compliances:

After registration following are the mandatory compliances for every company:

  • Meeting of Board of Directors: First Meeting of Board of Directors is required to be held within 30 days of Incorporation of Company and thereafter 4 meetings are required to be held in every financial year in such a manner that the gap between 2 Board Meetings should not be more than 120 days.
  • Issuing of Share Certificate: The Company is required to issue Share Certificates to the subscribers of memorandum within 60 days of Incorporation of Company.
New Simplified Process of Incorporation of Company

Mandatory Legal Compliance for Private Limited Company Under Companies Act, 2013


 

 

Mandatory Legal Compliance for Private Limited Company Under Companies Act, 2013

All the Companies Registered under Indian laws are governed by the provisions of Companies Act, 2013,  (An act of Parliament which regulates the working of Companies stating the legal limits within which companies may do their business).Company law provides many legal compliances that are to be made by every company like reporting of financial results, reporting of changes in management, maintenance of statuary registers, auditing of accounts etc. All the compliances provided under the Company Law may be divided in 2 parts for making it easy to understand:

 

  1. Mandatory Compliances: In this category I will include all these compliances which are mandatory for all Companies irrespective of their capital and nature of business etc.
  2. Event Based Compliances: In this category I will include all these compliances which are to be made on occurrence of an event in the Company like change in directorship, alteration in capital clause, alteration in object clause etc.

In this article I will try to include all the mandatory compliances that are to be made by every Private Limited Company in compliance with the provisions of Companies Act, 2013 in every financial year after incorporation of Company.

startup-solicitors-best-lawyers-for-startup-orneys

Mandatory Compliances:

After registration following are the mandatory compliances for every company:

  • Meeting of Board of Directors: First Meeting of Board of Directors is required to be held within 30 days of Incorporation of Company and thereafter 4 meetings are required to be held in every financial year in such a manner that the gap between 2 Board Meetings should not be more than 120 days.
  • Issuing of Share Certificate: The Company is required to issue Share Certificates to the subscribers of memorandum within 60 days of Incorporation of Company.

Highlights of Seventh pay commission -Khanna & Associates


It may be one of the lowest pay hikes for the Central government staff and pensioners in the last few decades, but the overall 23.55% increment in their salaries, allowances and pensions resulting from the clearance of the Seventh Pay Commission recommendations by the Union Cabinet on Wednesday would cost the government a whopping Rs 1.02 lakh crore./KHANNA & ASSOCIATES

 

 

  • Under the revised pay scale, the starting salary for a junior government official has been more than doubled to Rs18,000 per month from the current Rs 7,000 a month. For the Class I officers, it has been raised to Rs 56,100 per month.
  • The commission, which reviews the salaries of government staff every 10 years, has capped the government remunerations at Rs2.5 lakh per month, which is also over two times of today’s ceiling of Rs90,000 per month.
  • The increase in both salaries and pensions is 2.57 times more over the Sixth Pay Commission. The Cabinet also improved recommended salaries in defence to give a hike of 2.67 times as against 2.57 times to the civilians to ensure parity with the para-military forces. Those in the Armed Forces get the highest as their salary hike is from Rs 21,000 to Rs 31,500.
  • The commission’s recommendations would be implemented retrospectively from January 1. Among its other suggestions, which will affect 47 lakh government employees and 52 lakh pensioners, are retention of the current 3% increment rate, application of fitment factor of 2.57 for revision of pay and pension across all levels of pay matrices and doing away with 52 allowances and merging 36 of them./KHANNA & ASSOCIATES
  • The recommendation of the commission to raise the ceiling of House Building Advance (HBA) to Rs25 lakh from Rs 7.50 lakh has also been given a nod by the Cabinet. However, all interest-free loans have been abolished except for those taken for medical treatment, travel allowance (TA) on tour or transfer, TA for family of deceased employees and leave travel and conveyance (LTC).
  • The pay commission’s recommendation to reduce as many as 196 kinds of allowances has been kept in abeyance. The Cabinet decided to constitute a committee headed by the finance secretary for further rationalisation of allowances and asked for its report within four months. Until then, the current allowances will continue.
  • At a press conference after the Cabinet decision was announced, Jaitley said that the government had already provisioned for the incremental expenditure on account of it. “I have already provided for it (pay hike, pension and allowance costs) in this year’s budget estimate. Therefore, this amount doesn’t come to us as a surprise,” he said.

     According to him, the consumption demand generated from the flush of money in the economy was “one of the important need of the economy” at a time when demand in global markets was sluggish.

We countrymen can only hope that whatever may be the policies of government, they must not burn holes in our little pockets.
KHANNA & ASSOCIATES is a full service 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.
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Benefits of outsourcing/What is outsourcing? -Khanna & Associates


What is outsourcing?

Outsourcing refers to the way in which companies entrust the processes of their business functions to external vendors. Any business process that can be done from an offshore location can be outsourced. This includes functions like transaction processing, payroll and order and inventory management to name a few. Plus, there are a whole lot of call center services that are being outsourced as well. Some of the processes that can be outsourced to providers are accounting and book keeping service, business process outsourcing, text and editing services, image manipulation services, OCR clean up services, legal process outsourcing , transcription services, data conversion services, call center services etc.StartupSolicitors

Benefits of outsourcing your business processes

There are many benefits of outsourcing your business processes to destinations around the world. Some of them are:

  1. Cost advantages

The most obvious and visible benefit relates to the cost savings that outsourcing brings about.
You can get your job done at a lower cost and at better quality as well. Due to the difference in wages between western countries and Asia, the same kind of work that is done over there can be done in India at a fraction of the cost. There is a cost savings of around 60% by outsourcing your work to India. Plus, the quality of the services provided is high thereby ensuring that low-cost does not mean low-quality.

  1. Increased efficiency

When you outsource your business needs to an outsourcing partner like Syncronisers, they bring years of experience in business practices and expertise in delivering complex outsourcing projects. Thus, they can do the job better with their knowledge and understanding of the domain. This leads to an increase in productivity and efficiency in the process thereby contributing to the bottom-line of your company.

  1. Focus on core areas

Outsourcing your business processes would free your energies and enable you to focus on building your brand, invest in research and development and move on to providing higher value-added services.

  1. Save on infrastructure and technology

Outsourcing eliminates the need for investment in infrastructure as the outsourcing partner takes the responsibility of the business processes and hence develops infrastructure for the same.

  1. Access to skilled resources

You no longer need to invest in recruiting and training expensive resources for your business. Providers like Syncronisers Solutions take care of the resourcing needs with their pool of highly skilled resources. The resources employed by these companies are well educated in the respective business areas and are experienced in handling the business needs of companies that want to outsource.

  1. Time zone advantage

Apart from the cost advantage, the other much touted benefit has to do with the time zone differential between your country and the location you are outsourcing to. Get your job done while you are closed for the day and wake up to your service being delivered the next morning. This unique advantage gives you the benefit of round-the-clock business operations

  1. Faster and better services

Make your service offerings better with high quality deliverables and decrease the lead time it takes for your product to reach the marketplace. Thus you would be faster in getting your ideas converted into products and better at delivering the value-added proposition.

 
KHANNA & ASSOCIATES is a full service 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.StartupSolicitors
We Provide services are:

•    Accounting Services
•    Auditing & Assurance Services
•    Advisory Services
•    Business Services/StartupSolicitors
•    Corporate Services
•    International Services
•    Financial & Corporate Services
•    Foriegn Exchange Services
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•    Taxation Services
•    Trademark & Copyright Related Services
•    NRI Related Services
•    Corporate Governance Services
•    Service Tax

Contact Us:
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•    www.bestdivorcelawyer.in
•    www.domesticviolence.co.in
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The model GST law as released by the Government -Khanna & Associates LLP


The model GST law as released by the Government / Empowered Committee on GST is in public domain since mid June 2016. The proposed  provisions only conveys the Government’s intention to levy GST in India and the manner in which it will be administered, levied , collected and implemented.

However, the said proposed provisions require refinement, improvement and changes in order to be business friendly and lead to ease of doing business, boost economic growth, tax collection and balancing between inflation, revenue neutrality and participation of citizens by way of contribution to the exchequer in the form of goods and service tax.

It is desirable and expected that the draftsmen should consider the following suggestions and inputs while finalizing the model law in its present form .

Specific Suggestions

  • Multiple state wise registrations will be a major hurdle for service providers who operate in multiple states or all India basis.
  • Procedures proposed for registration and returns are complex, cumbersome and regressive. Provision of classification, valuation supply etc also go against the principle of ease of doing business.
  • Department should not have power to refuse registration ab initio which will adversely affect the business men. Grant of registration must be made obligatory as is at present.
  • Multiple registrations of same person in different states should be done away with. The concept of centralized registration should be provided for. Further, the assessee should be mandated to provide in his return, the details of all locations from which supply of goods / services is made by him.
  • Threshold limit for registration should be common for entire country. Presently it is proposed Rs. 4 lakh for North East and Rs. 9 lakh for others. Alternatively, there should be a sunset clause for this, (say 2 years).
  • Definition of aggregate turnover be suitably amended so as to exclude the value of exempt and non-taxable supplies from aggregate turnover to make it meaningful and objective. Otherwise the purpose of exemption / threshold will be defeated.
  • Definition of supply should be ‘comprehensive’ and not inclusive. It is defined as ‘supply includes’ rather than supply means….’. This will add to litigation. The supply of capital goods (whether to own depot or to the customer) be kept outside the purview of GST , and only the leasing / renting / transfer of right to use the asset be subject to tax.
  • Inter-state activities should exclude activities of same person. These activities are unnecessary under the GST law, unworkable and will be tantamount to creating inter-state fiscal frontiers, impeding free flow of goods and / services within the common market of India.
  • The definition of manufacturer should be delinked from Central Excise Act and an elaborate definition of the term ‘manufacture’ be provided to avoid litigation and interpretational issues.
  • Threshold exemption limit should be kept at least at Rs. 25 lakh for services and Rs. 2 crore for goods as anybody with lower limit can always voluntarily get registered. Also, small and medium entities may find it difficult to maintain electronic records and wish to avoid unnecessary inspections / litigations from the tax Department.
  • Composition Scheme is meant for small taxable persons like neighborhood stores who does not keep record of their turnover and does not issue invoices. No facility is given to them in case they are expected to keep their turnover record. Also, the rate of tax should be percentage of their taxable supplies (inputs), the record of which exist in electronic ledger. Linking of rates with total turnover will distort the total scheme.
  • Composition threshold should be not below Rs. one crore. Disallowing composition benefit to the persons who effect any inter­state supply of goods and / or services shall work against the interest of small assessees as there might be a possibility that in aggregate turnover of Rs. 50 lakhs only a small amount constitute inter-state supply of goods or services which will deny him of the benefit of composition scheme.
  • Valuation rules are too cumbersome so as to even prescribe valuation of services without consideration.
  • Transaction value of goods and services should factor the ‘discounts’. There should be no tax on free supplies.
  • In GST system, it is expected that the figures submitted for GST returns will be validated with figures submitted to Income tax. Given the fact that the sale and provision of services is one of the factors for charging of tax, the taxable figures in GST will be far different than figures in accounts or in income tax. A system needs to be built so that the figures in other data base could be used for validation of figures in GST.
  • The concept of granting input tax credits based on the matching concept of uploading data and filing of valid returns by the supplier of such taxable person will most certainly lead to innumerable amount of litigations on account of a few unscrupulous dealers.
  • Input tax credit (Cenvat) should not be denied to real estate sector and allowed to works contracts only. Guidelines for valuation of land should be made clear and transparent. Also, non-subsuming of stamp duty in GST should be reconsidered.
  • Reversal of input tax credit used for goods and / or services used for personal or private consumption should be allowed.
  • Concept of TCS to be done away with as it proves to be detrimental to small suppliers and leads to blockage of funds in TCS.
  • Rate of interest on delay in payment of refunds by the Government should be kept at par with the provisions relating to interest payable on delay in payment of taxes by the tax payer.
  • Requirement of double payment of taxes be eliminated. Further, the refund / adjustment procedure for such cases be made fast-tracked, simple and quick.
  • Government should not hurry implementation of GST from April, 2017. There is lot of ground work to be done. The most important is awareness, education, training and trial runs. 1st April 2017 is not that sacrosanct but introduction of a perfect law at the right time is more important. Country can wait for a strong and robust GST law for some more time.

General suggestions

  • It should be ensured that all states have verbatim same provisions for rates, levy, administration and procedures. Only negative list or exemptions may vary based on regional issues.
  • A large number of compliances / returns / reconciliations are proposed. This will only burden all stakeholders; will make GST inefficient and a regressive tax. Cost of compliance will be major issue which may take away the benefits of GST.
  • Smooth, transparent and simple transition provisions are needed rather than revenue centric provisions. These ought to be practical too. Transitional provisions should bear this objective. Supplies effected under the current tax regime, but which are delivered or received after the date of implementation of GST, normally referred to as goods – in – transit. The transitional provisions should suitably provide for credit of taxes / duties paid under the current law.
  • Refund of any credit balance other than for exports is not allowed. This should be allowed subject to safeguards / limitations.
  • Special focus on awareness and training of all-officers, professionals and assessees is required including making available literature on GST available in different languages.
  • Current / past disputes on GST introduction should be proactively addressed by way of speedy redressal of cases and / or practical, proactive and objective Dispute Resolution Scheme so that baggage of disputes in not carried forward.
  • Non compliances attract very harsh and heavy penalties / punishment and need to be diluted in view of GST being a new levy and new law. Prosecution threshold should be kept at Rs. 2 crores as minimum. There should be a provision that except in fraudulent cases, no arrest / prosecution be made in first year of implementation.
  • No new taxes should be allowed to be levied by states in GST regime when compensation for revenue loss, if any is guaranteed.
  • GST is the future tax. GST law should, therefore be forward looking and open for futuristic businesses such as e-commerce, technology based, IT etc and recognize internet, digital economy, start ups etc.

GST law should be a very simple tax law as the proposed law / provisions are too complex to understand by a common man.

KHANNA & ASSOCIATES is a full service 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 services are:
•    Accounting Services
•    Auditing & Assurance Services
•    Advisory Services
•    Business Services
•    Corporate Services
•    International Services
•    Financial & Corporate Services
•    Foriegn Exchange Services
•    STPI Services
•    Taxation Services
•    Trademark & Copyright Related Services
•    NRI Related Services
•    Corporate Governance Services
•    Service Tax

Contact Us:
•    www.khannaandassociates.com
•    www.cafirm.khannaandassociates.com
•    www.bestdivorcelawyer.in
•    www.domesticviolence.co.in
IN-+91-946160007
US-+1-80151-20200
•    info@khannaandassociates.com
•    cafirm.khannaandassociates@gmail.com

GST / Goods And Services Tax- One Country One TAX – Khanna & Associates LLP


The word GST has become a talk of the town these days. Here are ten key points about the bill that you need to understand.

1. GST is a uniform indirect tax levied on goods and services across a country. Many developed nations tax manufacture, sale and consumption using a single, comprehensive tax.

2. Central Taxes GST would replace Central Excise Duty, Service Tax, Additional Duties of Excise & Customs, Special Additional Duty of Customs, and cesses and surcharges on supply of goods and services.

3. State Taxes GST would replace VAT, Central Sales Tax, Purchase Tax, Entry Tax, Entertainment Tax, taxes on advertisements, lotteries, betting and gambling, and state cesses and surcharges.

4. The main objectives of GST would be to eliminate excessive taxation. Central and state agencies often calculate taxes based not on the original cost of the product, but over and above the several layers of tax already levied on the product. This negatively affects the Gross Domestic Product of a nation.

GST is also expected to disincentivize tax evasion, lower tax rates, and make business operations easier.

5. The current NDA government and the Opposition disagree over the contents of the GST Bill

6. According to PRS Legislature Research, the 2011 Bill defined GST as any tax on the supply of goods or services, except taxes on the supply of petroleum crude, high speed diesel, motor spirit (petrol), natural gas, aviation turbine fuel and alcoholic liquor for human consumption.

7. The 2011 Bill provided for the creation of the Goods and Services Tax Dispute Settlement Authority to adjudicate disputes between the central government and state governments on the issues of GST resulting in any loss in revenue, and affecting the harmonized structure of the tax. The 2014 Bill deleted the provision of such an authority.

8. The 2014 Bill defined GST as any tax levied on the supply of goods, or services, except taxes on the supply of alcoholic liquor for human consumption.

9. In addition, the 2014 bill also deleted a provision of the 2011 bill that imposed restrictions on states on taxation of products deemed of special importance in inter-state trade or commerce.

10. It also removes a 2011 provision allowing states to tax the entry of goods into a local area that are for use or sale only to the extent levied by a Panchayat or a Municipality.

Which taxes at the Centre and State level are being subsumed into GST?

At the Central level, the following taxes are being subsumed:
a. Central Excise Duty,
b. Additional Excise Duty,
c. Service Tax,
d. Additional Customs Duty commonly known as Countervailing
Duty, and
e. Special Additional Duty of Customs.
At the State level, the following taxes are being subsumed:
a. Subsuming of State Value Added Tax/Sales Tax,
b. Entertainment Tax (other than the tax levied by the local bodies),
Central Sales Tax (levied by the Centre and collected by the
States),
c. Octroi and Entry tax,
d. Purchase Tax,
e. Luxury tax, and
f. Taxes on lottery, betting and gambling.

What are the major features of the proposed payment procedures under GST?
The major features of the proposed payments
procedures under GST are as follows:
i. Electronic payment process- no generation of paper at any
stage
ii. Single point interface for challan generation- GSTN
12
iii. Ease of payment – payment can be made through online
banking, Credit Card/Debit Card, NEFT/RTGS and through
cheque/cash at the bank
iv. Common challan form with auto-population features
v. Use of single challan and single payment instrument
vi. Common set of authorized banks
vii. Common Accounting Codes.

 

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 .

KHANNA & ASSOCIATES is a full service 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 services are:
•    Accounting Services
•    Auditing & Assurance Services
•    Advisory Services
•    Business Services
•    Corporate Services
•    International Services
•    Financial & Corporate Services
•    Foriegn Exchange Services
•    STPI Services
•    Taxation Services
•    Trademark & Copyright Related Services
•    NRI Related Services
•    Corporate Governance Services
•    Service Tax
Strat up/stand up india service

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Divorce FAQs – Frequently Asked Legal Questions About Divorce -Khanna & Associates LLP


A COMPLETE GUIDE ON MUTUAL CONSENT DIVORCE IN INDIA

  • WHAT IS MEANT BY “GROUNDS FOR DIVORCE”?

A “ground” for divorce is a “reason” for divorce. A set of judicially recognized reasons for divorce. You must use one or more of these reasons to justify your divorce.

  • WHAT ARE THE TERMS USED TO IDENTIFY THE PARTIES IN A DIVORCE PROCEEDING?

The party filing the action is called the “Petitioner”, while the other party to the divorce is referred to as the “Respondent”.

  • WHAT ARE THE RECOGNIZED GROUNDS FOR DIVORCE IN HINDU LAWS?

As per Hindu Marriage Act there are various grounds are recognized for divorce like Adultery ,  Cruelty ,  Desertion  Conversion to another religion ,  Unsoundness of mind or mental disorder ,  Virulent and Incurable form of leprosy, Venereal disease  , Renounce the World  ,  Not heard for a period of seven years.
Beside above, there are also other grounds available to wife exclusively.

 

  • IS SPOUSAL SUPPORT OR INTERIM MAINTENACE AVAILABLE WHILE THE DIVORCE IS PENDING IN COURT, OR ONLY AFTER THE DIVORCE HAS BECOME FINAL?

Yes, as per Hindu Marriage Act, interim maintenance can be provided to either of the spouse in case one of the party does not have sufficient means and the other party has sufficient means.

  • IS THERE ANY WAITING PERIOD BEFORE A CASE OF DIVORCE IS FILED IN THE COURT?

Yes, generally a case of divorce is filed only after the expiry of one year of the marriage. However, under exceptional circumstance, this time period can be waived off.

  • WHAT IS THE TOTAL DURATION/TIME OF DIVORCE CASE?

A case of divorce by mutual consent, decree of divorce can be obtained any time after six months and before eighteen months.
In contested divorce cases, divorce is generally obtained after 18 to 30 months and even longer.

  • WHO IS ENTITLED TO HAVE THE CUSTODY OF CHILDREN IN CASE OF CONTESTED DIVORCE?

Basically, this question is determined by the Court of Guardian & Wards. There is no fixed formula as to who would be entitled to have the custody of children. In deciding issue of custody of children, the most important factor is the welfare of the children. Welfare of children is the paramount consideration in deciding this issue.

  • HOW WOULD I KNOW WHERE MY DIVORCE CASE WILL BE FILED?

Your case can be filed at any of the following place:

  • Where marriage has taken place

 

  • Where husband and wife started living soon after the marriage and prior to separation

 

  • Where the respondent is residing

 

  • Wife can also file a case from the place where she is residing after leaving matrimonial home.

 

 

  • HOW LONG WILL ONE HAVE WAIT TO REMARRY AFTER OBTAINING DIVORCE?

As per law, appeal against divorce is to be filed within thirty days. In case appeal is not filed then after thirty days. In case appeal is filed, when appeal is dismissed.

  • IS THE PROCEDURE/STEPS/PROCESS INVOLVED IN GETTING DIVORCE BY MUTUAL CONSENT?

Procedure/steps/process involved by mutual consent:

STEP 1: Divorce Petition will be drafted which will include terms of settlement. Basically, Husband and Wife have to reach to understanding regarding maintenance issue. As per law, there is no minimum or maximum limit. It is basically about the understanding and consensus between the parties.

STEP 2: This Mutual Consent Divorce Petition under section 13(B) in case of Hindu Marriage and under section 28 Divorce Ac1869 in case of Christian Marriage will be filed in the Court supported with affidavits.

STEP 3: Matter will come up for hearing in the Court and generally parties have to be present before the Court and their statement is recorded in the Court.

STEP 4: After recording of statements, First Motion will be passed.

STEP 5: Thereafter, parties will be given time from six months to Eighteen Months to file the Petition for second motion

STEP 6: Step 2 and 3 will be repeated

STEP 7: Court will grant second motion

STEP 8: And immediately thereafter divorce decree will be asked to prepared

STEP 9: With in a week, this divorce decree will be given to the parties or their advocate/s

In order to cut the waiting period of minimum six months before filing Petition for second motion, an application is moved for the waiver of six months period which is generally allowed by the Court in Delhi.

  • WHAT ARE THE DOCUMENTS REQUIRED FOR THE PURPOSE OF MUTUAL CONSENT DIVORCE

 

  • Address proof of Husband

 

  • Address proof of Wife

 

  • Marriage Certificate

 

  • Four passport photographs of marriage of both husband and Wife

 

 

  • WHAT IS THE PROCEDURE OF DIVORCE IN CONTESTED CASES?

In contested divorce case, the spouse who wants to initiate action, has to take one of the ground of divorce mentioned under law. A Petition will be drafted which will be filed in the Court. Other spouse, will be asked to make an appearance before the Matrimonial/Divorce Court and to answer reply to the Divorce Petition filed by the other spouse. Then the matter goes in for Trial. Parties have to lead evidence. One who files divorce petition will have to prove its case. After determination of all issues court can pass a divorce.

  • WHAT IS THE PROCEDURE OF DIVORCE FOR NRI, PIO, ETC ?

The procedure for filing divorce cases for NRI, PIO is same as that of others. Procedure for divorce by mutual consent for NRI is also same.

  • WHAT DOES JUDICIAL SEPARATION MEANS?

It is a relief, which is available to either of the spouse. The party which seeks judicial separation has to take one of the grounds mentioned under section 13 of Hindu Marriage Act. Once, a relief is granted, parties are allowed to live separately for one year. If matrimonial ties are not restored then aggrieved party has a right to go to the Court. Thus, judicial separation becomes a separate ground and another ground for Divorce.

  • IS PRESENSE OF BOTH PARTIES IN NRI DIVORCE IS NECESSARY?

YES, without a doubt!

 

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 .

 

Khanna & Associates have associates accross the globe and human resource which are one of its kind .

 

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.

 

The firm relies on the latest computing and communications equipment to enable fast and cost effective services to clients. It makes complete usage of a practical and effective precedent development system to ensure uniformity and time management. The firm has adapted itself successfully to the modern day demands of global competitiveness and competence.

 

The firm possesses a wealth of experience in the field of Law for the last 50 years and is staffed with a team of energetic professionals & lawyers and has associates representing the firm.   Our long experience has made us to understand that clients wish to minimize their involvement with the legal system. They put there full trust in the law firm representing them. The Firm can satisfactorily provide these facilities and more for any work related to and in India. With the greater interest being shown in Indian operations, the firm is ideally suited to act as a window for clearer and updated view of India. In view of the increasing trend in recent legislation to make provisions for penal / punitive remedies, the firm is providing services in Criminal matters. We work together with our clients to avoid legal obstacles, and to handle legal problems in an efficient, professional manner when they do occur. The Firm is retained as Legal Counsel by large number of business houses.

 

We Provide services are:

 

Legal Outsourcing Work (LPO)

Matrimonial

Civil and Criminal

International domain

Infringement of Fundamental Rights

Family Law

Landlord Tenant and Property disputes

Service, Employment and Education matters

Money Recovery

Cheque dishonor

Consumer Disputes – Appellate

Government

Motor Accident Claims

Contracts

Arbitration & Conciliationt

Media laws

Intellectual property/information technology laws

Commercial and corporate transactions

 

 

Contact Us:

  • khannaandassociates.com
  • cafirm.khannaandassociates.com
  • bestdivorcelawyer.in
  • domesticviolence.co.in

 

IN-+91-9461620007 ,9461620006

US-+1-80151-20200

 

info@khannaandassociates.com

cafirm.khannaandassociates@gmail.com

A Complete Guide to Mutual Consent Divorce

Divorce of #NRI -Khanna & Associates LLP


 

A COMPLETE GUIDE ON DIVORCE OF NRI

Many non-resident Indians (NRI) come to India to marry girls who are also aspirants to migrate from India by this marriage relation. It is often seen that some NRIs marry local girls, enjoy them and return to the foreign countries with vague hopes behind that their wives would be taken after completion of official formalities. But all those hopes are never materialized. Sometimes they receive papers in India in the form of foreign divorce decree. In the Punjab it is said that the NRI matrimonial frauds account for at least one-fifth of women related complaints to the Punjab State Women’s Commission!

No doubt you can file the case in US and got the divorce over there also but to imply the same in India you have to file the case in India also. Coz you enter into the marriage in India and it is Indian court only who can make divorce also. So the best way is attend the Indian court else even getting divorce from US, you have to again file a case in India to validate and execute the order in India and there are very few lawyers who act on International law and treaties. Further without executing the divorce of first wife you cannot arrange second wife in India in respect of any city. It will amount to bigamy and you will be dealt with criminal charges. The same was held in the case of Y. Narasimha Rao & Ors. v. Y. Venkata Lakshmi & Ors.

The Hon’ble Supreme Court in the case of Smruti Pahariya Vs Sanjay Pahariya has held the personal presence of both parties required for the purpose giving evidence to show to the satisfaction of the Family court that the consent for divorce exist till the end, there is no withdrawal of the consent by either of them & if any of them is absent there will be no presumption that consent given during the first motion for the divorce shall continue till the end hence both of them should be present at the time of second motion too for ascertaining their consent for divorce.

If both the NRI spouses are Indians and have been married under Hindu marriage Act of 1955 they can seek divorce with mutual consent under section 13-b that provides for divorce by mutual consent.

As far the fault divorce proceeding if the other party fail to file his/her defense the divorce proceedings shall be done ex-parte against that person, the evidence of the petitioner recorded & the decree of divorce passed, whether the other party accept the grounds of divorce or not, his/her absence means he/she has no defense/remain uncontested hence proceeded ex-parte.

 

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 .

Khanna & Associates have associates accross the globe and human resource which are one of its kind .

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.

 

The firm relies on the latest computing and communications equipment to enable fast and cost effective services to clients. It makes complete usage of a practical and effective precedent development system to ensure uniformity and time management. The firm has adapted itself successfully to the modern day demands of global competitiveness and competence.

 

We Provide services are:

  • Legal Outsourcing Work (LPO)
  • Matrimonial
  • Civil and Criminal
  • International domain
  • Infringement of Fundamental Rights
  • Family Law
  • Landlord Tenant and Property disputes
  • Service, Employment and Education matters
  • Money Recovery
  • Cheque dishonor
  • Consumer Disputes – Appellate
  • Government
  • Motor Accident Claims
  • Contracts
  • Arbitration & Conciliationt
  • Media laws
  • Intellectual property/information technology laws
  • Commercial and corporate transactions

 

Contact Us:

  • khannaandassociates.com
  • cafirm.khannaandassociates.com
  • bestdivorcelawyer.in
  • domesticviolence.co.in

 

IN-+91-9461620007 ,9461620006

US-+1-80151-20200

info@khannaandassociates.com

cafirm.khannaandassociates@gmail.com

What is an annulment of marriage?/What is the difference between a divorce and an annulment?-Khanna & Associates


 A COMPLETE GUIDE ON ANNULMENT OF MARRIAGE IN HINDU LAW

A Legal procedure which cancels a marriage between a man and a woman is ‘ANNULMENT’. Annulling a marriage is, legally declaring that the marriage between the two never existed or was never valid.

A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law. This process is called annulment. It is very different from divorce in that while a divorce dissolves a marriage that has existed, a marriage that is annulled never existed at all. Thus unlike divorce, it is retroactive: an annulled marriage is considered never to have existed

A petition for annulment can be moved based on certain grounds and these grounds are :

  • Fraud : one of the spouses agreed to marry other based on the misrepresentation or on the lies.
  • Forced Consent : when one of the spouses was threatened or forced into marriage with the other spouse.
  • Bigamy : when either of the spouse was already married to someone else at the time of the marriage in question.
  • Underage : either spouse was too young to be married, or too young to be married without required parental or court consent.
  • Mental Illness
  • Marriage prohibited by law : marriage between parties who comes under prohibited relationships.
  • Inability to Consummate Marriage : either spouse was physically incapable of having sexual relations or impotent during the marriage.
  • Mental Incapacity : when either of the spouse was unable to make the informed consent under the influence of alcohol or drugs at the time of the marriage.

For getting an annulment, a person needs to fill needs to meet the residency requirements of the state that they live in. The jurisdictional requirements are similar to those required for dissolution or divorce: one of the parties must live in the state where the marriage annulment is filed for a continuous ninety-day period. Similar to a divorce filing, marriage annulment case proceeds with a filing, petition, summons, and ancillary documents. An annulment case can be initiated by either the husband or the wife in the marriage. The annulment procedure is similar to that of a standard divorce. A divorce can be much more complicated than an annulment.

Annulment of marriage is very important as there is no point in continuing the marriage which was solemnized on the strength of Fraud, Misrepresentation, Bigamy, etc.

Void Marriages:

Nullity of marriage and divorce- Void marriages – Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of Section 5 of the Hindu Marriage Act 1955

Voidable Marriages:

A voidable marriage (Section 12 of Hindu Marriage Act, 1955 )is one where an annulment is not automatic and must be sought by one of the parties. Generally, an annulment may be sought by one of the parties to a marriage if the intent to enter into the civil contract of marriage was not present at the time of the marriage, either due to mental illness, intoxication, duress , fraud or the marriage is in contravention of the condition specified in clause (ii) of Section 5

Section 5 Condition for a Hindu Marriage – A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:

(i) Neither party has a spouse living at the time of the marriage;

(ii) At the time of the marriage, neither party,-

(a) is incapable of giving a valid consent of it in consequence of unsoundness of mind; or

(b) though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(c) has been subject to recurrent attacks of insanity or epilepsy;

(iii) The bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage;

(iv) The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

(v) The parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two:

An annulment may be granted when a marriage is automatically void under the law for public policy reasons or voidable by one party when certain requisite elements of the marriage contract were not present at the time of the marriage.

 

What is the difference between a divorce and an annulment?
An annulment of marriage is a legal decree that a marriage is null and void. Annulments are granted when a court makes a finding a marriage is invalid. While a divorce ends a legally valid marriage, an annulment treats the marriage as if it never existed.

 

 What is the time limit to get an annulment?

An action for an annulment must be started by a certain time. The time limit depends on the type of marriage. The shortest time to start an annulment is 4 years after the marriage. If you have questions about the time limit to start an annulment, seek legal assistance in your local area .

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 .Khanna & Associates have associates accross the globe and human resource which are one of its kind .

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 services are:

  • Legal Outsourcing Work (LPO)
  • Matrimonial
  • Civil and Criminal
  • International domain
  • Infringement of Fundamental Rights
  • Family Law
  • Landlord Tenant and Property disputes
  • Service, Employment and Education matters
  • Money Recovery
  • Cheque dishonor
  • Consumer Disputes – Appellate
  • Government
  • Motor Accident Claims
  • Contracts
  • Arbitration & Conciliationt
  • Media laws
  • Intellectual property/information technology laws
  • Commercial and corporate transactions

Contact Us:

  • khannaandassociates.com
  • cafirm.khannaandassociates.com
  • bestdivorcelawyer.in
  • domesticviolence.co.in

 

 IN-+91-9461620007 ,9461620006

US-+1-80151-20200

info@khannaandassociates.com

cafirm.khannaandassociates@gmail.com

 

 

what is the definition of Stridhan/Rights Of Women on Stridhan-Khanna & AssociatesLLP


 A COMPLETE GUIDE ON STRIDHANA

Meaning of Stridhana: the word Stridhana is composed of two words: Stri (woman) and Dhana (Property). The word means the property belonging to a woman.  As observed in Rajamma’s case, a gift given to a Hindu woman before and after her marriage constitutes woman’s property.

A Hindu female can secure the property from numerous sources but every such property cannot be Stridhana. Whether a property constitutes stridhan depends upon:

  • Sources of the acquired property.
  • The status of the female at the time of acquiring the property, i.e. maidenhood, married status or widowed.

SOURCES OF STRIDHAN:

Properties acquired from the following sources fall under the expression Stridhana-

  • Gift received from relatives.
  • Gifts and bequests from strangers during maidenhood.
  • Property obtained in partition.
  • Property got in lieu of maintenance.
  • Property acquired by inheritance.
  • Property acquired through technical skill and art.
  • Property acquired by compromise.
  • Property acquired by adverse possession.
  • Property purchased with the earnings of the stridhana or with savings of income from stridhana.

 

  • Property acquired lawfully from sources other than those mentioned above.

 

 

 

Rights of Women over Stridhana

The right depends upon the status and source of the stridhana-

  • Unmarried status – Any Hindu woman can dispose of the stridhana voluntarily. However if she is minor, minority renders the incompetency to the right of disposal.
  • Married status: The right of disposal of the stridhana varies with the nature of the stridhana. For this purpose the stridhana has been divided into saudayika and asaudayika stridhana. During marriage the saudayika stridhana gifts of love and affection) – gifts received by a woman from relations on both sides (parents and in-laws) could be alienated freely by her, but asaudayika stridhana all other types of Stridhana such as gifts from stranger, property acquired by self-exertion or the mechanical arts.
  • could be alienated by her with the consent of her husband only. This rule is subject to the condition that where husband and wife live together. Where both have departed, asaudayika stridhana can be disposed of by the wife even without the consent of her husband
  • During widowhood. – During widowhood the woman has an absolute and unrestricted right of alienation of property, irrespective of the fact whether it has been acquired prior or after the death of the husband. Thus she can alienate the properties without any constraint. So far as the question of succession to the property of a woman of bad character is concerned, her bad character does not extingui.sh the blood relationship.

 

STRIDHANA, ITS SUCCESSION UNDER HINDU SUCCESSION ACT, 1956:

Section 14 provided that every property which was in possession of a Hindu female at the time of the enforcement of the Act, whether acquired prior to or subsequent to the Act, became her absolute property.

Section 15 lays down that when a Hindu female dies intestate leaving her stridhana, it would devolve upon the following categories of heir according to the rules provided in Section 16 of the Act:

  • Firstly, upon sons and daughters(including the children of a predeceased son or daughter) and husband;
  • Secondly, upon the heirs of husband;
  • Thirdly, upon father and mother;
  • fourthly, upon the heirs of father;
  • fifthly, upon the heirs of mother;

 

Application under different laws

  • If her husband or any other member of his family who are in possession of such property, dishonestly misappropriate or refuse to return the same, they may be liable to punishment for the offence of criminal breach of trust under 405 & 406 IPC.
  • Section 12 of the Domestic Violence Act, 2005 provides for women right to her Stridhana in cases where she is a victim of domestic violence. The provisions of this law can be easily invoked for recovery of Stridhana.
  • Again u/s 18(ii) of the Domestic Violence Act the law says that a woman is entitled to receive the possession of the Stridhana, jewellery, clothes and other necessary items.

 

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 .Khanna & Associates have associates accross the globe and human resource which are one of its kind .

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 services are:

  • Legal Outsourcing Work (LPO)
  • Matrimonial
  • Civil and Criminal
  • International domain
  • Infringement of Fundamental Rights
  • Family Law
  • Landlord Tenant and Property disputes
  • Service, Employment and Education matters
  • Money Recovery
  • Cheque dishonor
  • Consumer Disputes – Appellate
  • Government
  • Motor Accident Claims
  • Contracts
  • Arbitration & Conciliationt
  • Media laws
  • Intellectual property/information technology laws
  • Commercial and corporate transactions

Contact Us:

  • khannaandassociates.com
  • cafirm.khannaandassociates.com
  • bestdivorcelawyer.in
  • domesticviolence.co.in

 

 IN-+91-9461620007 ,9461620006

US-+1-80151-20200

info@khannaandassociates.com

cafirm.khannaandassociates@gmail.com