Problems in Mutual Consent Divorce – Q&A by, the Best Divorce Lawyer In Chandigarh Mohali Zirakpur Panchkula India.
What are the problems/ conditions in a Mutual Consent Divorce?
Following are the problems in Mutual Consent Divorce, based on advice by the Best Divorce Lawyer in Chandigarh
1. We may apply for a mutual consent divorce only after the expiry of 12 months from the date of marriage.
2. Cooling-off period of 6 months is very risky as the chances of back off by one party is very high.
3. We need to prepare a detailed compromise settlement deed with all terms and conditions pertaining to alimony, regular maintenance, permanent maintenance, child custody, stridhan, gold & other items handing over with receipts, property settlement, financial settlement, etc. Non-preparation of compromise settlement deed is a big mistake and causes future disputes.
4. Non-filing of an application to waive 6 months of the cooling-off period is another cause of disputes. You may download a complete procedure and format advised by the best Divorce lawyer in Mohali
5. Full payment of alimony at the time of recording 1st motion statement is another cause of dispute. We need to pay only 10% of the alimony amount at the 1st motion and the remaining 90% at the 2nd motion.
Can Mutual Consent Divorce be challenged in Court?
It can be challenged only on the grounds of
1. Non-payment of agreed alimony,
2. Non-handing over of stridhan and other gold items,
3. Non-compliance of terms and conditions mentioned in the compromise settlement deed.
How to get Quick Divorce with the mutual consent of husband & wife in 1 to 2 months
How to draft a mutual consent divorce petition?
You may download a complete procedure and format
In addition to a draft copy of the petition u/s 13-B of HMA, you may understand the complete process of mutual consent divorce.
What are the conditions for mutual divorce?
1. You have to show a separation of 12 months before filing a mutual divorce.
2. You have to show that all financials, alimony, child custody, stridhan, maintenance issues have already been settled and written in the petition.
3. Child custody and safety issues have been settled, keeping in view of the welfare of child and if needed, Court may ask to deposit some safety amount in the form of a fixed deposit.
4. 6 months cooling-off period, if not waived on application
5. Consent of both husband and wife at the time for recording of 2nd motion statement.
What are the Reasons for Divorce and Recollections of Premarital Intervention?
1. Non-spending of time with your spouse
2. Extramarital Affair
3. Marriage by force
4. High ambitions in spite of the low income of the husband
5. High Income with bad habits
6. Drugs
7. Non-respect of husband parents
8. Shortage of funds to meet the basic needs of family
9. Touring job
10 Long distance jobs and separate residence
11. More involvement of friends at home
12. Neglecting spouse
13. Premarital promises
14. Fake promises and their non-implementation
15. Unnecessary Retrictions etc.
Who are the top 10 best divorce Lawyers in Mohali
1. Make a list of lawyers
2. Call a divorce lawyer and as per your satisfaction, shortlist the 10 best lawyers 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, adultery, separation, a jurisdiction with the 10 best Mohali Lawyers.
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 Mohali Zirakpur Chandigarh
5. Appoint only, if it satisfies you with the explanation and answers to your queries.
Where is NRI Wing Punjab Police Helpline in Mohali Punjab – In case of NRI-related problems?
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 the best divorce lawyer in Mohali, legal professional, law firm, before filing a complaint about any family and matrimonial-related issues.
Where is the office of the Punjab State Commission for Women – In case of matrimonial disputes?
A woman, who is staying at Mohali, Zirakpur or anywhere in Punjab may contact Punjab State Commission for Women, Chandigarh 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.
What evidences did we require in the case of Contested Divorce u/s 13 of HMA?
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, the Best Divorce Lawyer in Mohali, 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.
How to find lawyers for a 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..
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 want 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
How to take a divorce when the person lives abroad not having an address of him?
1. File a divorce petition under sec 13 of the Hindu Marriage Act
2. Issue summons at the address of her husband’s parents
3. Obtain permission for issuance of summoning on an email or WhatsApp of her husband
4. We may obtain permission for publication of summons
5. Get an ex-parte divorce
6. In addition to this a complaint can be filed with the NRI Cell to register F.I.R against the person staying abroad
7. We may file an application of an Indian Passport of person staying abroad at an unknown place
8. We may file a complaint to an Embassy or Ministry of External Affairs.
Which court in Chandigarh, Mohali, Zirakpur, Dera Bassi, Kharar hears family-related disputes?
1. Family Court in District Court, Sector 43, Chandigarh hears all Family related disputes of Chandigarh.
2. Family Court in District Court, SAS Nagar hears all Family related disputes of Mohali.
3. Family Court in District Court, Dera Bassi hears all Family related disputes of Zirakpur & DeraBassi once in a week.
4. Family Court in District Court, Kharar hears all Family related disputes of Kharar once in a week.
Can I get back dowry articles from my husband and his family?
Yes, you may get all your dowry articles back along with stridhan items;
1. File a complaint to the SSP of your district to recover all above said articles. The said complaint shall be forwarded to the concerned women’s cell department of that district for necessary action. The inspecting officer shall try to resolve the matter amicably in three joint meetings and shall suggest registration of F.I.R if the husband and his family refuse to return dowry and stridhan items. OR.
2. File a complaint of domestic violence in the Honourable Court of illaqua magistrate of the concerned area for recovery of articles along with compensation and other rights available in section 12 to 23 of the domestic Violence Act.
Who are the top 10 divorce lawyers in Chandigarh, the best divorce lawyer in Punjab, the best divorce lawyer in Zirakpur, NRI divorce lawyers in Chandigarh, the best divorce lawyer in Panchkula, criminal defense lawyer, or a divorce advocate in Chandigarh High Court?
1. Make a list of divorce lawyers in Chandigarh
2. Call a divorce lawyer and as per your satisfaction, shortlist the best divorce 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, a divorce lawyer 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..
Should a woman be entitled to get maintenance and custody of children’s when she said no while getting a divorce under mutual consent?
1. You may file a custody case on the grounds of the welfare of the child
2. After getting custody, you may apply for maintenance of child under section 125 Cr.P.C.
3. Maintenance of Child is allowed up to the age of 18 years
4. It also depends on your working status and the terms and conditions settled at the time of mutual consent settlement.
Contact -Best Divorce Lawyer in India Chandigarh Panchkula Mohali Zirakpur Derabassi and Best Legal Consultants in Chandigarh India.
If you are tired of finding out how to find lawyers for a divorce case in Mohali, divorce lawyers in Chandigarh, the best divorce lawyer in Chandigarh, law firms in Chandigarh, Legal Consultants in Chandigarh, divorce lawyers in Zirakpur, the best divorce lawyer in Mohali India, lawyers in Chandigarh High Court, criminal lawyers in Chandigarh, lawyers in Chandigarh District Court, Consult the best divorce lawyer in Mohali Chandigarh India, U.K anytime for a free legal advice session on the phone
See blog by Advocate Deepak Malhotra – The Best Divorce Lawyer in Panchkula Mohali Zirakpur Chandigarh on Quick Divorce
See blog by Advocate Deepak Malhotra on Divorce Q&A by Best Divorce Lawyer in Chandigarh
See blog by Advocate Deepak Malhotra on Dowry Violence – A guide to section 498a
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See blog by Advocate Deepak Malhotra on Domestic Violence against a Woman
See blog by Advocate Deepak Malhotra on Grounds of Divorce–Cruelty, Adultery & desertion
See blog by Advocate Deepak Malhotra on Mutual Divorce & Contested Divorce
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