Tag: #mutualconsent

“What is the difference between Blogging and Journalism?”

Before we continue we must first of all find out what the two really are and then we will be able to identify the difference between them.

So then, what is blogging?  Blogging was actually created by Justin Hall. It all started in 1994 when many witness the   birth of the first blog. According to creative blog,  It was  called  Links.net  – a place where  creator  Justin Hall could share his musings and  his favorite  links  with the world .  It was a page where he could express himself, share his ideas and content on the web (Creative blog).

As years went by and technology progressed   in 1997 ,  many people started using their own personal websites as a place  to spotlight their ideas, the term “ weblog” was coined and  shortened to “ blog”   in 1999( Creative blog) .

People needed a place to share ideas, thoughts, express their feelings, and experiences. They found that having a place where you could share ideas and express yourself was an ideal way to share intimate information with people who are very close to you, friends and family.

According to creative blog,   when people first started blogging   they did not have to share it on Facebook or join a content network   or outwardly promote it. It was actually private   and people shared it with people they knew and they knew where to find them.

Before, blogging grew to what we know it today,   early blogger’s hosted contents on sites like Xanga. It was founded in 1998, and live journal in 1999.  Both were simple to use,  but  were  mostly  only able  to swap  out colors schemes  and minor  layout pieces, but very  effective  at allowing users to publish  quickly  and easily( Creative blog).

Many people became very interested in this new thing that they started looking beyond their intimate circle for more information to read. They started exploring, looking for the best blog and content on the web.    Blogging actually gained it roots when Charlotte Observer set up its blog and used it to share information in mainstream news something that had not been done before.  They used it and kept people informed. The Bonnie Blog set   records for page views on the observer’s site. They also set the stage along with Drudge reports breaking of the Clinton –Lewinsky scandal, for a major shift in the way blogging platform were used (Creative Blog).

Soon people started showing interest in blogging and online news.  They needed to find new ways on how to manage the content and share these ideas with the public.  According to creative blog, I n 2003 Google launch AdSense, this allowed bloggers to earn income for their work.  Soon many people were blogging. This gave them the opportunity to earn an income for the work that they do. Now it has become a profession for some people whereby they learn how to blog and make money. As we have seen what was once consider to be expression of people’s feelings , passion, ideas , thoughts and what was  going on around the world, like current events has evolve to a whole new phenomenon. Blog is abbreviated of “Weblog,”   it is used to describe websites that maintain an ongoing chronicle of information.  A blog is like a personal diary type commentary and links to articles on other websites.   It ranges from personal to political and can focus on concerns of the people. It is a place where most people feel very free to write and share their concerns.

Add context to a story by linking and commenting on other material found online.  Basically  when journalist blogs , they express their view about the issues surrounding whatever they are reporting on and even does it better because there are no restrictions  like when they are actually doing journalistic work.  To be a journalist one needs an academic training or formal training from a reputable school of journalism.  To be a blogger one needs a website and need to know how to express him or herself by writing.

Simply, blogging is viewed by many as unreliable because it’s someone’s opinion and the other one is viewed as reliable because one has to verify the source of the information before it can be broadcast the world. However, I think it is a perception issue of what the public view as reliable or unreliable and I say this because when we look at the evolvement of blogging over the years we can infer that blogging has become a huge deal that even major companies are using blogs to promote their businesses on their websites  and different forums. It has become one of the reliable sources that most people rely on to read and make decisions about whether they want to do business with the firm, purchase from them or inquire about what they do and what it entails.  As mentioned before, even journalist  and others have taken to blogs in order  to share information with others.

Advertisement

Mutual Divorce as per Hindu Marriage Act, 1955

Divorce is a very serious issue. Nowadays, the seriousness is vanished the couple find it very easy to end up a relationship without thinking twice about the decision. Some Couple knows it all about the consequences they could suffer later on but apart from it they decide to end up the marriage rather than sitting together and solving the differences between themselves.

What is Divorce by Mutual Consent?

Under the Hindu Marriage Act, 1955 both the husband and the wife have been given a right to get their marriage dissolved by a decree of divorce on more than one ground specifically enumerated in Section 13.

Section 28 of the Special Marriage Act, 1954 and Section 10A of the Divorce Act, 1869, also provides for divorce by mutual consent.

The conditions required under section 13B of the Hindu Marriage Act are as follows:

(i) Husband and wife have been living separately for a period of one year or more.

(ii) That they are unable to live together.

(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed. Hence marriage should be dissolved. Under these circumstances, a Divorce by Mutual consent can be filed.

As per the Indian Legal system, a divorce procedure fundamentally begins with the filing of a divorce petition.

Where to file a divorce petition

1. The court can be one where couple seeking divorce last lived.

2. The court can be one where the marriage was solemnized.

3. The court can be one where the wife is residing as of present.

The entire procedure of divorce in India starts begins with the divorce petition which is filled by the parties associated with the divorce process and notice of the same is served to the other one.

According to the Hindu Marriage Act, 1955; a petition for a ‘mutual divorce’ can be filed if you and your spouse are facing difficulties and have decided to part your ways legally.

You can even file for divorce if the other party is not willing to get a divorce- this is called, ‘Contested Divorce’.

Points to be discussed before getting a divorce by mutual consent

  1. Maintenance
  2. Child custody
  3. Settlement of Property and assets

Requirement of Documents for filing Mutual Divorce Petition:

  • Marriage Certificate
  • Address Proof – Husband and Wife.
  • Four Photographs of Marriage.
  • Income tax Statement of last 3 years.
  • Details of profession and Income (Salary slips, appointment letter)
  • Details of Property and Asset owned
  • Information about family (husband and wife)
  • Evidence of Staying separately for an year
  • Evidence relating to the failed attempts of reconciliation

Procedure for getting a decree of divorce by mutual consent

Step 1: Jointly filing a petition

A divorce petition in the form of an affidavit is to be signed by both parties and filed before a family court in their region.

Jurisdiction of the court should not be a major issue in filing for divorce as the petition can be filed within the local limits of the ordinary civil jurisdiction of where the marriage was solemnized or where either of the parties currently resides.

As mentioned earlier, the parties to a marriage must be living separately for at least one year before filing the petition.

Step 2: First Motion

After filing the petition the parties shall appear before the court and give their statements. If the court is satisfied and the statements are recorded then the first motion is said to have been passed, following which a waiting period of 6 months will be given to the parties before they are able to file the second motion.

This waiting period as statutorily prescribed under Section 13B(2) of the Act is for the parties to introspect and think about their decision. It is a time given for them to reconcile and give their marriage another chance, just in case they decide to change their mind.

Anyhow, sometimes the court may be convinced that the marriage has reached the point of no return and the waiting period will only expand their misery. In that case, this period can be waived off by the court. This period if not waived off can extend up to 18 months. If the parties still want to get divorced they may now file for second motion. The second motion can be filed only after the waiting period of 6 months and before 18 months has elapsed.

Step 3: Second Motion

This is when final hearings take place and statements are recorded again. If the issues of alimony and child custody (if any) are mutually agreed upon the decree of divorce is passed after this step. The marriage has finally ended by now and divorce by mutual consent has been granted.

Conclusion

In my views marriage is a unique friendship where you find a best friend and a soulmate. In friendship sometimes we have to adjust according to our friend as per their likes and dislikes. Similarly, in marriage we need to make some compromise to make it work throughout our life. Taking such important decisions so quickly will offer us nothing. So we should try to make it work rather than leaving someone for just some bad incident in the past months or years.