Author Archives: Prashant Ghai

He is a Mutual Consent & Contested Divorce Lawyer in New Delhi practicing before the Supreme Court of India, Delhi High Court, Delhi District Courts and Tribunals. His area of practice include Matrimonial Cases, Criminal Cases, Bail Applications, Cheque Dishonor, Writ Petitions, Consumer Protection and all type of Civil and Criminal matters.

Mutual Consent Divorce Lawyer In Malviya Nagar, Mutual Consent Divorce Lawyer In Delhi, Mutual Consent Divorce In India, Mutual Consent Divorce In Delhi, Mutual Consent Divorce In Malviya Nagar, FIR, First Information Report, Section 138 Negotiable Instruments Act, Cheque Dishonour, Stopped Payment, Insufficient Funds, Signatures Do Not Match, Account Closed, Cheque Bounce, How To Prepare Case, Women In India Can't Be Punished For Offence Of Adultery, Procedure for Divorce in Delhi, Procedure for Getting Divorce in Delhi, Procedure for Hindu Divorce in Delhi, Procedure for Divorce under Hindu Marriage Act, Procedure for Legal Divorce in Delhi, Procedure for Obtaining Divorce in Delhi, Procedure for Divorce Petition in Delhi, Procedure for Divorce as per Hindu Marriage Act in Delhi, Procedure for Divorce as per Indian Law, Procedure for Seeking Divorce in Delhi, Procedure for taking Divorce in Delhi, What is the Procedure of Divorce in Delhi, Procedure for Contested Divorce in Delhi

Territorial Jurisdiction – Where Can You File Divorce Petition

I’ve written a lot about the Procedure for Mutual Consent Divorce and Contested Divorce in my previous articles. A lot has been written about the Grounds for Divorce as well. However, there is another important topic which often isn’t talked about much. That is, territorial jurisdiction for filing a Divorce Petition. Since most marriages in India are governed by the Hindu Marriage Act, therefore for the sake of convenience, I shall explain the provision contained in the Hindu Marriage Act.

The easiest way for me to explain territorial jurisdiction for the purpose of filing a Divorce Petition in India is to tell you about the time when a young couple named Pankaj (real name changed for privacy) and Nisha (real name changed for privacy) came to me. Pankaj met Nisha while he was enjoying a vacation in Goa during the autumn of 2015. He was a Delhite and lived with his parents in Green Park. Nisha belonged to Mumbai. She had been living in Bandra with her parents since her childhood. Continue reading

Mutual Consent Divorce Lawyer In Malviya Nagar, Mutual Consent Divorce Lawyer In Delhi, Mutual Consent Divorce In India, Mutual Consent Divorce In Delhi, Mutual Consent Divorce In Malviya Nagar, FIR, First Information Report, Section 138 Negotiable Instruments Act, Cheque Dishonour, Stopped Payment, Insufficient Funds, Signatures Do Not Match, Account Closed, Cheque Bounce, How To Prepare Case, Women In India Can't Be Punished For Offence Of Adultery, Procedure for Divorce in Delhi, Procedure for Getting Divorce in Delhi, Procedure for Hindu Divorce in Delhi, Procedure for Divorce under Hindu Marriage Act, Procedure for Legal Divorce in Delhi, Procedure for Obtaining Divorce in Delhi, Procedure for Divorce Petition in Delhi, Procedure for Divorce as per Hindu Marriage Act in Delhi, Procedure for Divorce as per Indian Law, Procedure for Seeking Divorce in Delhi, Procedure for taking Divorce in Delhi, What is the Procedure of Divorce in Delhi, Procedure for Contested Divorce in Delhi

Procedure For Contested Divorce As Per Hindu Marriage Act In India

“They say marriages are made in heaven. But so is thunder and lightening.” — Clint Eastwood

At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on.

The Hindu Marriage Act, 1955 provides for 2 ways to obtain divorce from your spouse:

  • Contested Divorce under Section 13 of the Act
  • Mutual Consent Divorce under Section 13-B of the Act

I’ve already talked about Procedure for Mutual Consent Divorce in one of my earlier articles. Today I shall talk about Procedure for Contested Divorce as per Hindu Marriage Act in India.

Of course, the easiest way to obtain a Divorce is by Mutual Consent of the husband and wife. However, at times, the circumstances are not that easy, the situations are not that easy, and the other spouse itself may not be easy to handle as well. In that case, the only option left is to apply for a Contested Divorce under the Hindu Marriage Act.

A spouse cannot file for Contested Divorce citing any reason it thinks is good enough to legally separate from his/her partner. There are specific grounds laid down under the Hindu Marriage Act, and only under these grounds can a Contested Divorce be filed in Court. Continue reading

Mutual Consent Divorce Lawyer In Malviya Nagar, Mutual Consent Divorce Lawyer In Delhi, Mutual Consent Divorce In India, Mutual Consent Divorce In Delhi, Mutual Consent Divorce In Malviya Nagar, FIR, First Information Report, Section 138 Negotiable Instruments Act, Cheque Dishonour, Stopped Payment, Insufficient Funds, Signatures Do Not Match, Account Closed, Cheque Bounce, How To Prepare Case, Women In India Can't Be Punished For Offence Of Adultery, Procedure for Divorce in Delhi, Procedure for Getting Divorce in Delhi, Procedure for Hindu Divorce in Delhi, Procedure for Divorce under Hindu Marriage Act, Procedure for Legal Divorce in Delhi, Procedure for Obtaining Divorce in Delhi, Procedure for Divorce Petition in Delhi, Procedure for Divorce as per Hindu Marriage Act in Delhi, Procedure for Divorce as per Indian Law, Procedure for Seeking Divorce in Delhi, Procedure for taking Divorce in Delhi, What is the Procedure of Divorce in Delhi, Procedure for Contested Divorce in Delhi

Procedure For Mutual Consent Divorce As Per Hindu Marriage Act In India

“I’m so miserable without you, it’s almost like having you here.” -Unknown

Marriages are hard. Divorces…even harder. Nobody enters a marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation by way of mutual consent divorce.

The most common question I get asked from those thinking about divorce is:

“What is the exact procedure for mutual consent divorce in India?”

I got so tired of explaining the same thing to so many people, I thought I might as well write a brief articles about it over here. This article explains the procedure in brief for obtaining mutual consent divorce as per Hindu Marriage Act. In the near future, I would also be writing an article about the procedure for obtaining a contested divorce as per Hindu Marriage Act.

So from where does mutual consent divorce begin?

Well, it all begins at your home. Yes, at your home and not in a Court.

Opting for a mutual consent divorce is a completely voluntary by both the parties.

There may be numerous reasons due to which a couple may decide to part ways and legally split from each other. However, in a mutual consent divorce, the reasons for obtaining divorce are irrelevant, and the important thing is that the decision for divorce has been taken jointly by both the parties with mutual understanding and agreement. Continue reading

FIR, First Information Report, Section 138 Negotiable Instruments Act, Cheque Dishonour, Stopped Payment, Insufficient Funds, Signatures Do Not Match, Account Closed, Cheque Bounce, How To Prepare Case, Women In India Can't Be Punished For Offence Of Adultery, Procedure for Divorce in Delhi, Procedure for Getting Divorce in Delhi, Procedure for Hindu Divorce in Delhi, Procedure for Divorce under Hindu Marriage Act, Procedure for Legal Divorce in Delhi, Procedure for Obtaining Divorce in Delhi, Procedure for Divorce Petition in Delhi, Procedure for Divorce as per Hindu Marriage Act in Delhi, Procedure for Divorce as per Indian Law, Procedure for Seeking Divorce in Delhi, Procedure for taking Divorce in Delhi, What is the Procedure of Divorce in Delhi, Procedure for Contested Divorce in Delhi

Indian Police Department Goes Digital – Directed To Upload FIR Online

FIR which stands for First Information Report seems like a simple process, but in reality is a lot trickier. There is a lot more which meets the eye. I’ve already written an articles regarding the basics of FIR.

Now the law says that the Police must register a FIR for a cognizable offence. I’m sure you must have heard of situations where one person threatens to file a FIR against another person. As a result, that other person literally loses his appetite and sleep thinking whether a FIR has in fact been registered against him or not, and if that is the case, then what are the allegations against him. He needs to know this so that he can take suitable action before he is [possibly] arrested by the Police.

Up till now, finding out whether there is a FIR against you or not was a very tricky affair. In all honesty, it required knowing somebody in the concerned Police Station who may give you a tip regarding the same. But what about an average citizen with no connections, but is afraid that he may be implicated into a false case. Those who do not have high profile connections with police or lawyers, were simply living in fear and wondering whether there is a FIR against them or not.

Well obviously, the law cannot stop anybody from filing a complaint against you, and the Police has to register a FIR and proceed accordingly. Whether the complaint was genuine or false is something to be discovered during investigation.

Now the real concern over here was how do you ascertain whether a FIR has been registered against you or not, and if yes, then what are the contents of that FIR.

Today there is an online solution to most [if not all] of your everyday requirements, which really begs the question, why the Police department too can’t go online so that an average citizen is able to interact with the Police online and even track the status of his complaint online. Continue reading