Divorce Lawyer in Zirakpur – Advocate Deepak Malhotra
13+ years experienced counsel is 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, 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 divorce lawyer legal consultants, 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 , 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 , before filing a complaint.
Mutual Consent Quick Divorce 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, 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 , 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.
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 , 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.
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.
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.
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.
Women Right to Residence u/s 19 of DV Act
In case of residence problem, a woman can file a complaint under D.V Act
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,
Contact Deepak Malhotra Advocate in Chandigarh or at House No 123-A, VIP Road, Zirakpur
Frequently asked Q & A
Where does a resident of Zirakpur, Punjab can file a divorce case?
All residents of Zirakpur can file a divorce case in the Hon’ble Family Court of Ms. Shikha Goel at SAS Nagar, DeraBassi District Courts. DeraBassi Court has made arrangement of hearing family cases once in a week.
Who can file a divorce case in Zirakpur, Punjab?
1. Husband alone in case of Contested Divorce
2. Wife alone in case of Contested Divorce
3. Husband and Wife jointly for Mutual Consent and Quick Divorce
4. SPA of Husband living abroad
5. SPA of wife living abroad
How long does it take to obtain Divorce?
1. One to 2 months in case of Quick Divorce through waiver of cooling off period.
2. Six months in case of Mutual Consent Divorce
3. One Year in case of uncontested Divorce
4. Two to three years in case of contested Divorce on the ground of cruelty, adultery, desertion
Whether a divorce case can be filed in first month of marriage?
1. In first 12 months both husband and wife can dissolve their marriage by filing case namely nullity of marriage on the ground of misrepresentation by either party
2. After 12 months a divorce case can be filed by either party or jointly
3. After 18 months a quick divorce can be obtained with mutual consent of both the parties
How to find lawyers for divorce case in Zirakpur, Top 10 divorce lawyers in Zirakpur, Best advocates for divorce matters?
1. Make a list of lawyers
2. Call a divorce lawyer and as per your satisfaction, shortlist the best lawyer in Mohali Zirakpur Chandigarh after having a preliminary discussion about your case
3. Discuss each piece of evidence, which you have to prove cruelty, desertion, annulment, separation, jurisdiction.
4. Consult free with Advocate Deepak Malhotra, at 9888861666 in Chandigarh Mohali Zirakpur in advance before separating from your wife or before appointing a lawyer out of the 10 best divorce lawyers in Chandigarh
5. Appoint only, if it satisfies you with the explanation and answers to your queries..
Post divorce if getting married with different person will my divorce history will be mentioned in my marriage certificate?
You only need to show your status as divorced along with decree of divorce at the time of applying for marriage registration certificate. No history is required to be explained and further Registrar of Marriage issues a new marriage registration certificate without mentioning any prior history.
How can a mother own her child if she is divorced?
She has a right to file a custody case under Guardians and Wards Act. The Honourable Court decided the case of custody in view of the betterment and future of the child as the welfare of the child is of paramount importance.
If someone get married second time without divorce, can law forcefully separate the second wife from her husband?
1. Law can not forcefully separate the second wife if she had no knowledge of her husband’s marriage status.
2. A criminal case can be filed against the husband and he will be in the jail
3. 1st wife may file a case of criminal conspiracy against the 2nd wife of her husband.
4. 2nd wife and children out of that marriage gets equal right in the property of her husband/father.
I and my husband are divorced, but we want to live together again. Is my old marriage certificate valid?
No, old marriage certificate becomes invalid on receipt of decree for divorce. If both of you want to live together again, you need to remarry in any temple or gurudwara and reregister your marriage.
An Indian couple married as per Hindu Marriage Act in 1979 later moved to USA and later took US citizenship and relinquished Indian citizenship if they now wants to apply for divorce which country law will bind them?
1. Divorce may be filed in India at a place of marriage, place of last residence or at a place where marriage was registered.
2. Mutual Consent Divorce may be obtained anywhere in the world and that is valid.
3. Divorce may be obtained in India or USA as per convenience of both.
4. In case of contested divorce or one sided divorce, it must be filed in India otherwise that divorce decree will not be valid in India until it will be declared valid by filing a suit for declaration in India
After Divorce Is it necessary to write mother’s name after children’s name?
1. It is not necessary
2. Father’s name shall continue until the children are adopted by second husband and that too with the consent of your first husband.
3. Children’s right in property of your husband shall remain intact until further adoption.
If during second motion of mutual divorce in 5th month from the date of first motion due to delay in arrangement of one time settlement amount can the process can be delayed for 3 to 4 months?
Yes , it can be extended easily on request of Petitioner Husband or wife to the Honourable Court.
I want to see grand children who is under custody of daughter in LA who applied for divorce with my son?
1. If your grand children are interested to meet you, ask them to send an email or a letter to you that their mother is forcibly restricting them.
2. File a complaint with the NRI Cell of your state.
3. Write your grievances to the Ministry of External Affairs New Delhi and concerned embassy of USA in New Delhi & LA.
4. You will get justice.
Yes, you may file a divorce petition u/s 13-B of HMA, if both of you are ready to file it.
At the time of the second marriage certificate did mutual consent divorce papers will be required
At the time of second marriage registration, you need to attach a certified copy of the divorce decree. A certified copy is easily available from the Hon’ble Court.
I married secretly with mutual consent and PIC are there but later on, the girl is getting married to someone else can I file a divorce
You may file a divorce case under section 13 of HMA. In addition to this, you may file a criminal case against the girl.
In a joint family, can the wife stay in a separate room after mutual divorce?
At the time of filing a Mutual Consent Divorce, a wife has to forgo all her rights from in-law’s property. If the right of residence is written in the Mutual Consent Agreement, only then the wife has the right to stay in a separate room in a joint family. She has 100% right in her parental joint family house.
What happens if child custody is not mentioned in the mutual divorce petition?
The court takes care of the child at the time of awarding the Divorce Decree by Mutual Consent. If it is not decided at the time of mutual divorce then A separate case of custody is required to be filed under GWA Act.
How can apply application for alimony for children after mutual divorce?
You may file a criminal case under section 125 Cr. P.C showing your inability to pay school/college fee/ marriage expense, higher study expense pertaining to your children.
After submission of a mutual divorce case in court, one party is not present in court. At last, the judge dismiss this case then what will be done by the second party?
1. Obtain a certified copy of the dismissal order.
2. File a divorce on the ground of cruelty under section 13 of HMA
3. If the separation period is more than 2 years, then divorce may be obtained on the ground of desertion.
I have filed divorce on the basis of cruelty and now can I change it to mutual consent?
1. Make an agreement/ MOU of Mutual Consent.
2. File a Mutual Consent Divorce
3. Withdraw Contested Divorce U/s 13 of HMA, which was filed on the basis of cruelty.
4. File an application to Condon for 6 month cooling period in mutual consent divorce.
5. Get Divorce immediately, if period condoned by Court.
Ex parte Order passed or not in Mutual Consent Divorce?
If one party does not appear for 18 months, the Hon’ble Court may award an ex parte divorce
Can I sue a case against my final mutual divorce order in India which was done in European Court?
Mutual Consent Divorce decree cannot be challenged on any grounds.
Divorce by mutual consent is granted but still, a case of domestic violence is still pending what to do?
1. Obtain a Certified Copy of the Mutual Cosen 1st and 2nd motion statement.
2. Get a copy of the compromise agreement in which it is written that all cases shall be treated as null and void
3. Submit the same in a case of domestic violence and ask for dismissal of the case.
498a maintainable even after divorce on mutual consent
1. No complaint can be the file after mutual divorce
2. All prior complaints must be withdrawn as per compromise settlement
3. All FIRs need to be quashed.
Mutual consent divorce filed and before that if the wife would die then what to do?
1. Place death certificate on-court record
2. Court shall dismiss the mutual consent divorce case
3. No divorce is needed after the death of either party.
Whether the wife can file an appeal against a decree of divorce by mutual consent 13 B after the marriage of the husband on the ground of not paying the compensation arrived at an out-of-court settlement?
1. It can not be challenged
2. Execution may be filed to recover written commitments.
After filing a mutual divorce can anyone harass him or her publicly?
1. Harassing publically is an offense under IT Act.
2. File a complaint because it is a separate crime
3. It has no concern with the mutual consent divorce.
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