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 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 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.
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, 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 from the best 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 lawyers 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 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.
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
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 Criminal Divorce Lawyer in Zirakpur #123A, VIP Road Zirakpur:-
Frequently asked google queries Q&A
If the husband has won the case of restitution of conjugal rights but the wife refuses to return can the husband apply for divorce on grounds of willful desertion are there still hurdles to granting divorce when the wife has stayed from her husband for nearly ten years?
Yes, It is a valid ground for divorce, but we need to produce other grounds of divorce along with an authentic pieces of evidences to prove mental cruelty, physical cruelty and desertion. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
If the husband has been discharged in case of 498a IPC whether it is a ground for divorce?
It is a valid ground of mental cruelty. It is important to obtain a closure report of a case or complaint of 498a IPC. We need to show separation of 12 months before filing a divorce. We further need to produce other grounds of divorce along with an authentic pieces of evidences to prove mental cruelty, physical cruelty and desertion. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
Can husband file for divorce on the grounds of wife’s past life?
It is ground only if she has not disclosed some serious mistakes like paper marriage, panchayat marriage, delivery of a child to her husband before getting married. We may use this ground in filing a case for nullity of marriage rather than filing a divorce case. We need to show the separation of 12 months before filing a divorce. We further need to produce other grounds of divorce along with an authentic piece of evidence to prove mental cruelty, physical cruelty, and desertion. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce.
Can a single slab be a ground of divorce?
A single act followed by a separation of over 12 months may allow her to file a divorce case u/s 13 of the Hindu Marriage Act. We further need to produce other grounds of divorce along with an authentic piece of evidence to prove mental cruelty, physical cruelty, and desertion. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
Can adultery taken place 30 years ago be the ground for divorce?
Adultery is a perfect ground for divorce. In case of an old case, We further need to produce other grounds of divorce along with an authentic piece of evidence to prove mental cruelty, physical cruelty, and desertion. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
Husband married pretending to be a Govt employee in fact he is unemployed cheated is good ground for divorce?
It is a perfect ground for nullity of marriage if you have sufficient evidence to prove that your husband had pretended as a Govt Employee before marriage. We may file nullity of marriage within 12 months. After 12 months of marriage, we may file a divorce case based on this ground and other grounds of divorce along with an authentic piece of evidence to prove mental cruelty, physical cruelty, and desertion. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
Can staying in rehab for alcoholism for a long period be a ground for divorce in India?
If a period is over 2 years, then we may consider it as a ground of desertion. We may file a divorce case based on this ground and other grounds of divorce along with an authentic piece of evidence to prove mental cruelty, physical cruelty, and desertion. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
Wrong declaration of age to get married to a young girl, can this be a ground for divorce?
It is a ground for nullity of marriage and for divorce. We may file a divorce case based on this ground and other grounds of divorce along with an authentic piece of evidence to prove mental cruelty, physical cruelty, and desertion. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
Is mental stenosis could be a ground for divorce in India?
Continuous mental stress is ground of divorce only if is a cause of over one year separation, otherwise a complaint of domestic violence can be filed against mental and physical cruelty.
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.
After divorce I changed my name to my father name and surname so while writing what should I start with Miss or Ms.?
1. After receiving a decree for divorce, you should write Ms. .
2. In case you have applied for nullity of marriage and obtained decree, you may write Miss because you will get status equivalent to an unmarried girl.
3. We may file a petition for nullity of marriage within a period of 12 months of getting married.
4. We may file a petition for divorce after expiry of 12 months of getting married and by showing a one year separation.
1. It is fundamental right of the respondent/defendant to see evidence provided by the petitioner
2. A complete copy of the petition along with all annexures and exhibits may be obtained on the first day of appearance
3. Certified copies of the evidence provided may be obtained
4. A copy of the evidence affidavit tendered in a case is provided to the respondent/ defendant for further cross-examination.
How to get a divorce in lockdown in India?
We may get a quick divorce during the lockdown in India. We give a detailed guide in a blog of Advocate Deepak Malhotra
In an uncontested divorce, if I got, Can I marry anyone after that
You may marry after an expiry of 90 days on receipt of certified copy of decree for divorce.
Divorce on mutual consent is pending admission from abroad college accepted can it help in a quick divorce?
Yes. We may apply for a condonation of 6 months period. Click to know a complete procedure of quick divorce.
If the wife wants to live separate from the husband’s mother and the husband’s mother is not well and no one is there for care in this case is it easy to get a divorce
It is one of the grounds for a divorce. We may file a divorce case based on this ground and other grounds of divorce along with an authentic piece of evidence to prove mental cruelty, physical cruelty, and desertion. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
Once my contested divorce petition dismissed by the Family Court after six years of trials Meanwhile my wife stayed at her parent’s home now can I file the uncontested divorce petition again in family court in India?
1. Read the judgment carefully
2. Check the reasons for its dismissal.
3. Prepare a new divorce petition with perfect grounds of cruelty and desertion
4. Tender 3-4 evidence affidavits to prove each piece of evidence.
5. Get ready for the contested or uncontested divorce with facts
6. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
Can 2nd petitioner do filing for mutual divorce?
We may file a mutual divorce petition in the presence of both the petitioners or one petitioner and other petitioner family member having a special power of attorney
After divorce, Can I get a mutual divorce copy online?
In view of privacy, a copy of orders are not available online for divorce cases. We may get a certified copy within few days.
Is it possible to have equal custody of a 14-year-old child in a mutual divorce in India?
Make a compromise deed of equal custody arrangement and attach as an exhibit in a mutual consent divorce petition. Click and see the procedure.
Mutual divorce petition format in Hindi & English?
Click on this link to see the mutual consent divorce petition draft in English. We may convert it to Hindi by using google translate.
How can I file divorce in Chandigarh?
1. If you are staying separately for over 12 months from your spouse, you are eligible to file a contested divorce or a mutual divorce.
2. you are having a sufficient piece of evidence to prove mental or physical cruelty, adultery, psychology, disrespect of parents, non-cohabitation for a long period, etc.
3. You have got a clean chit from complaints u/s 498a, 4406, 506, etc.
4. You have signed a compromise deed for a mutual consent divorce
5. You do not know the whereabouts of your spouse for long
6. Both are ready for divorce
7. You have settled children and property matters amicably
How much are lawyer fees for divorce in India?
1. A woman can ask for a free lawyer through legal aid
2. Mutual consent divorce free is between 25000/- to 50,000/-
3. Quick Divorce in 2 month’s fee is little more than mutual consent divorce
4. Contested divorce fee of an experienced divorce lawyer is between 1,50,000/- to 3,00,000
How do I keep a divorce lawyer with no money? & What if I can’t afford a divorce lawyer?
1. Apply seeking free Legal Aid Lawyer in your respective State Legal Department
2. Meet lawyer appointed by State Legal Department
3. Give all evidences of cruelty, desertion, video clips along with certificate u/s 65B, MLR reports, police complaints, FIR, DDR etc. to your lawyer
4. Visit court on each date to see the progress of your lawyer
Can divorce lawyers in Chandigarh help in gaining custody of the child/children?
1. See the age of child
2. Up to the age of 5 years, a father can not apply for custody of child unless circumstances are beyond control
3. We may file a custody case besides a case for divorce
Is it necessary to hire a divorce lawyer in case of an uncontested divorce?
1. Divorce lawyer is important to draft a divorce petition with sufficient grounds of cruelty, adultery or desertion.
2. Even in case of uncontested divorce, petitioner has to tender evidences to prove all grounds of divorce
Can I file for a divorce on behalf of a family member?
1. Yes, you may file a divorce petition on behalf of a family member, if you are having a valid special power of attorney
2. You cann’t tender evidence on his behalf. So his physical presence is a must at the time of evidence and cross-examination.
How long does it take to obtain a divorce?
1. For Quick Divorce – a minimum of one month
2. For Mutual Divorce – a minimum of six months
3. For Uncontested Divorce – Around 1 year
4. For Contested Divorce – 2 to 4 years
Can I file for a divorce in India in case my spouse is an NRI?
Yes you can file a divorce case in India, if marriage took place in India;
1. At a place of marriage in India
2. At last lived Place
3. At a girl residential place
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.
Who is one of 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..
Can I get divorced within one or two months after a long separation?
Yes, If your separation period is over 18 months, you may apply and get a quick divorce. You may click and see a complete procedure of quick divorce.
Can I get a divorce on the ground of Cruelty?
Yes, you may file a contested divorce under section 13 of the H.M.A. You may also locate the other grounds of divorce.
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.
Can I get maintenance for my minor children through the Criminal lawyer in Chandigarh Mohali Zirakpur?
Yes you may get maintenance for yourself (If you are not working), as well as for your children;
1. File a case under section 125 of Criminal Procedure Code
2. Explain your circumstances, rental expenses, children expenses, food and medical expenses requirements along with proofs, if any.
3. Explain your earning status and sources of income, which is known to your husband
4. Attach earning proofs of your husband like salary slip, form 16 or income tax return
5. Also attach application for interim monthly relief
6. Honourable Court shall order your husband to pay approximately 33% to 50% of his income per month
7. In case, your husband does not pay the monthly amount fixed by the honourable Court, you may file an execution application for recovery of the pending amount. Honourable Court shall direct him to pay the pending amount immediately. On non-payment, the Honourable Court may order the arrest of your husband.