Criminal Divorce Lawyer in Zirakpur –Advocate Deepak Malhotra
13+ years experienced Criminal & divorce lawyer in Zirakpur Mohali Derabassi Chandigarh is always available to resolve online queries related to Quick Divorce, Mutual Divorce, Contested Divorce, Domestic Violence, Child Custody, Nullity of Marriage, Family Disputes, Property Rights, Right of Residence, Alimony, Dowry Demand, Adultery, Extra-Marital Affairs, Wife and Child Maintenance, Senior Citizen disputes, Matrimonial Disputes, Property Disputes
Woman Quick Helplines:-
The government of Punjab is keen to stop Domestic Violence against Women. Following are the law enforcement agencies, where a woman may contact, in case of any emergency;
Woman Helpline in Zirakpur Punjab – In case of an Emergency
A woman who is facing any problem of domestic violence, beating by husband and in-laws, dowry demands, mental torture, child abuse, maintenance, etc may call woman helpline at 1091 (May affix ‘0’ or Area Code) at a preliminary stage before it becomes worse. A woman or a child may call Police Control Room No. 100 (May affix ‘0’ or Area Code). Click to see SAS Nagar Police Website.
If a woman of Indian origin is living out of the country or her husband and in-laws are staying abroad and she is being cheated by an NRI and aggrieved of domestic violence and family-related issues, she may contact the NRI & Woman Wing of Punjab Police at Phase VII, SAS Nagar, Mohali directly or through an email. Visit NRI & Wing Punjab Police by clicking on this link. Always get expert advice from an advocate, legal professional, law firm, or from the best Criminal divorce lawyer in Zirakpur Mohali Derabassi Chandigarh before filing a complaint about any family and matrimonial-related issues.
Punjab State Commission for Women – In case of matrimonial disputes
A woman, who is staying at Zirakpur or anywhere in Punjab may contact Punjab State Commission for Women to resolve their preliminary issues of Domestic Violence, cruelty and file a written complaint against her husband & his family members on a plain paper by herself or through the best divorce lawyer in Zirakpur Mohali Chandigarh. Contact Punjab State Commission for Women in case of any matrimonial disputes. Get online free advice at 988888616666 from the best Criminal divorce lawyer in Zirakpur Mohali Derabassi Chandigarh, before filing a complaint.
Women Cell through SSP, Punjab Police, SAS Nagar, Mohali- In case of written Complaint
In case of physical hurt, mental torture, cruelty, criminal conspiracy, recovery of dowry article, a woman in Punjab may send a written complaint (drafted by an expert best divorce lawyer in Zirakpur Mohali Chandigarh) to Senior Superintendent of Police, District Administrative Complex, Sec-76 SAS Nagar Mohali-160071, Punjab.
SSP office shall forward it to the concerned Women Cell. Women Cell shall try to resolve all issues in three joint meetings. In case of severe charges, dowry demands, physical hurt, forceful abortion, non-return of dowry articles, Women Cell may recommend F.I.R, which is registered against the husband and his family members involved in a crime. Get online free advice at 988888616666 from the best Criminal divorce lawyer in Zirakpur Mohali Derabassi Chandigarh, before filing a complaint.
Illaqua Magistrate- Complaint of Domestic Violence in the District Court
A woman can file a complaint of Domestic Violence U/s 12 to 23 directly in the District Court Mohali Derabassi Chandigarh. Get online free advice at 988888616666 from the best Criminal & divorce lawyer in Zirakpur Mohali Derabassi Chandigarh, before filing a complaint.
Quick Divorce in one month /two months process in India
If both husband and wife agree to a quick divorce in India, the following quick divorce procedure is the only solution and quick divorce process in India. Get online free advice at 988888616666 from the best Criminal divorce lawyer in Zirakpur Mohali Derabassi Chandigarh, before filing a complaint. Following are some important steps;
Mutual Compromise Agreement:
Both husband and wife have to prepare a mutual compromise agreement to resolve all important issues, given below;
- Amount of permanent/ regular Alimony
- Custody of Child
- Handing over all stridden items like gold, gifts, articles etc.
- Withdrawal of all pending litigation, cases and complaints.
- Quashing of registered F.I.R against husband and in-laws
- Property rights.
- Child safety measures and maintenance.
- One Time Settlement amount.
Mutual Consent Divorce Petition U/s 13-B
We have to file a joint Petition u/s 13-B of the Hindu Marriage Act. The detailed terms and conditions of the Mutual Consent Divorce Petition are available at Blog of Deepak Malhotra Advocate on mutual consent divorce draft petition.
First Motion Statement of Mutual Divorce:
Both husband and wife have to record their first motion statement in the family court on the first day of the mutual consent divorce case. On recording the first motion statement, the Honorable Court fix the next date of hearing after 6 months.
An application seeking condonation of 6 months
After two weeks, we apply seeking condonation of 6 months period, based on past litigation and separation period. Get advice from the best Criminal divorce lawyer in Zirakpur Mohali Derabassi Chandigarh, before filing a complaint.
Second Motion Statement on Mutual Divorce:
If it allows an application, it gives a very short date to record the second motion statement. The second motion statement is the last opportunity to rethink the final decision of separation.
We need to read this statement, carefully because, on the signing of this statement, it gives no further opportunity to any of the parties to amend any clause decided in the mutual divorce.
Divorce Decree in few days
After recording the second motion, the Honorable Court grant a decree of divorce and it is the only quick divorce procedure in India. Get online free advice at 988888616666 from the best Criminal & Divorce Lawyer in Zirakpur Mohali Derabassi Chandigarh.
Contested Divorce based on Cruelty, desertion, and Adultery u/s 13 of HMA
Physical violence is not essential to make up the cruelty and a consistent course of conduct inflicting immeasurable mental agony and torture may well make up cruelty within the meaning of Section 10 of the Act.
Mental cruelty consists of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of the mental peace of the other party.
The feeling of deep anguish, disappointment, frustration in one spouse caused by the conduct of another for a long time may lead to mental cruelty.
Cruelty for the purpose of the Act means where one spouse has so treated the other and manifested such feelings towards her or him as to have inflicted bodily injury, or to have caused reasonable apprehension of bodily injury, suffering or to have injured health.
Cruelty may be physical or mental. Mental cruelty is the conduct of other spouses that causes mental suffering or fear to the matrimonial life of the other. “Cruelty”, therefore, postulates a treatment of the petitioner with such cruelty as to cause a reasonable apprehension in his or her mind that it would be harmful or injurious for the petitioner to live with the other party.
Cruelty, however, has to be distinguished from the ordinary wear and tear of family life. It cannot be decided on the basis of the sensitivity of the Petitioner and has to be adjudged on the basis of the course of conduct which would, in general, be dangerous for a spouse to live with the other as observed by Honorable Court in Savitri Pandey vs Prem Chandra Pandey (2002) 2 SCC 73
Wife refusing to participate in proceeding for divorce – Forcing the husband to stay in a dead marriage – Itself constitutes mental cruelty – No point in compelling parties to live together in matrimony as observed by Honorable Court in Sukhendu Das V. Rita Mukherjee 2017 (8) Supreme 33
What evidences did we require in the case of Contested Divorce u/s 13 of HMA?
Before filing a case in court, it is important to collect sufficient pieces of evidence in consultation with an excellent lawyer
- Evidence of complaints as DDR,
- Evidence of physical violence – MLR reports pictures. doctor treatment records
- Evidence of Adultery – Hotel register records, pictures, videos.
- Evidence of Dowry Demands – call recordings, account statements
- Evidence of Income – Copy of registries, RC of expensive cars, Credit Card statements, expensive purchasing, bank statements
- Evidence of Mental Health – Doctor reports, psychiatric reports
- Evidence of Abortion – Abortion bills, slips, medicines prescription
- Evidence of Verbal Abuse – Call recordings, Video recordings duly certified from a forensic expert.
- Evidence of pressure for separation from parents – recordings, separate living proofs
- Get online free advice at 988888616666 from the best Criminal & divorce lawyer in Zirakpur Mohali Derabassi Chandigarh, before filing a contested divorce u/s 13 of HMA
How to Draft a Complaint of 498a IPC?
- The complaint is addressed in the name of the Senior Superintendent of Police of District/ U.T
- Make a list of incidents in detail
- Mention the date, place, and name of the person who demanded dowry
- Make a list of domestic violence verbal and mental abuses
- Mention the date, place, and name of the person involved in verbal and mental abuse
- Make a list of all physical injuries
- Mention the date, place, and name of the person who did the injuries. Attach prescription, doctor slips, medicine bills, pictures, DDR, etc.
- Make a list of gold and other valuable items given at the time of marriage and request in the complaint to get it recovered.
- At the end of the complaint mention name, phone number and email address of the complainant.
- Get online free advice at 988888616666 from the best Criminal & divorce lawyer in Zirakpur Mohali Derabassi Chandigarh, before filing a complaint.
Where to submit Complaint u/s 498a IPC?
Deposit the above said typed complaint in the SSP window of the area. SSP office forwards it to the Women Cell within few days. Women Cell calls the complainant and listens completely to the story.
Intimation and Summoning in 498a IPC?
Women Cell inspecting officer call on mobile and ask the mentioned people to appear on a certain date. On non-appearance, the police office issues summon on the phone or physically as required.
Counseling and Reconciliation?
On the appearance of all accused, they hold jointly two or three meetings to resolve the complaint issues amicably.
MLR of Physical Violence from Hospital
In case of any physical violence by any of the family members of in-laws, immediately go to any government hospital and preserve medical reports at a safe place. If an injury is serious, then call the police control room and ask them to conduct MLR from a government hospital. Get online free advice at 988888616666 from the best Criminal & Divorce Lawyer in Zirakpur Mohali Derabassi Chandigarh:-
FIR of 498a and other sections of IPC?
FIR may be registered u/s 498a and other sections depending upon the other acts of domestic violence, physical injuries, attempt to murder forcible abortion, destruction of women’s property, assault or criminal force to woman with intent to outrage her modesty etc. Get online free advice at 988888616666 from the best Criminal & Divorce Lawyer in Zirakpur Mohali Derabassi Chandigarh:-
Whether Anticipatory bail needed for all accused?
Anticipatory bail needed for all accused, whose name is included in the FIR. They should apply it in the Honourable Session Courts in India for an arrest stay. Get online free advice at 988888616666 from the best Criminal & divorce lawyer in Zirakpur Mohali Derabassi Chandigarh, before filing an anticipatory bail.
Women Right to Residence
In case of residence problem, a woman can file a complaint under D.V Act Get online free advice at 988888616666 from best Criminal & Divorce Lawyer in Zirakpur Mohali Derabassi Chandigarh.
Wife right to maintenance
A wife can seek maintenance under section 24 of Hindu Marriage Act, Section 125 of Cr.P.C, Maintenance and Alimony under Domestic Violence Act, Get online free advice at 988888616666 from best Criminal & Divorce Lawyer in Zirakpur Mohali Derabassi Chandigarh:-
Contact Divorce Lawyer in Zirakpur #123A, VIP Road Zirakpur:-