Top Divorce Lawyer in Noida & Ghaziabad
Hiring an experienced divorce lawyer is the best way you get peace of mind when dealing with matrimonial cases, child custody, alimony, and mutual divorce or contested divorce proceedings. We are top rated divorce lawyer for marriage issues in Noida and Ghaziabad to file or defend your mutual divorce petition, contested divorce, alimony, domestic violence (DV), interim maintenance, 125 CrPC, dowry harassment u/s 498a, women cell complaints or any other related matters. We have lawyers in all major localities of Noida including Noida Extension, Sector 15, Sector 26, Sector 20, Sector 12, and also at Ghaziabad including Indirapuram, Vaishali, Kavi Nagar, Raj Nagar Extension and many more. These lawyers practice in courts in Noida including District Court Gautam Budh Nagar, District Court Surajpur Greater Noida, and District Court of Ghaziabad.
Divorce is a painful situation for couples but sometimes it's inevitable and requires a professional lawyer's advice. We are one of the best and top divorce lawyer in Noida, Ghaziabad and Delhi who advises and represent his clients on various aspects of rights and remedies under the Special Marriage Act and Hindu Marriage Act in regard to divorce, alimony, maintenance, inheritance, custody, and guardianship of children.
SERVICES PROVIDED BY OUR BEST DIVORCE LAWYER IN NOIDA
- Case under the protection of women from Domestic Violence Act, 2005
- Seek Maintenance under Section 125 CrPC
- A petition under Section 9 of Hindu Marriage Act, 1955
- F.I.R under Dowry Prohibition Act,1961
- Application of anticipatory bail, interim bail, and regular Bail
- First information report under section 498A including various sections of Indian penal Code,1860, and guidance to appear before CAW cell.
- F.I.R. quashing before Hon'ble High Court.
- Charge sheet quashing before Hon'ble High Court.
- A petition under Section 13 of Hindu Marriage Act,2005 for contested divorce on grounds such as cruelty, adultery, desertion of more then two years, conversion to another religion, mental disorder.
- The petition under Section 11 of Hindu marriage Act to declare marriage as Null and void on various grounds.
- Mutual consent petition for divorce under section 28 of Special Marriage Act,1954.
- Mutual consent petition for divorce under section 13B of Hindu Marriage Act,2005.
- Application under Section 26 of Hindu Marriage Act,2005 seeking custody of Children.
- Application under Section 24 of Hindu Marriage Act,2005 seeking maintenance pendente lite and expenses of proceedings.
- Application under Section 25 of Hindu Marriage Act,2005 seeking permanent maintenance and maintenance.
- Petition under Section 27 of Special Marriage Act,1954 for contested divorce on grounds such as cruelty, adultery, desertion of more then two years, conversion to another religion, mental disorder.
- Seeking custody and visitation rights under Guardianship and Ward Act ,1890.
We Are Expert
We are known for dealing with vexed divorce disputes fairly, often advocating amicable resolution among warring couples. We are the top divorce lawyer in Noida and top divorce lawyers in Ghaziabad.
Protection of women from Domestic Violence
Protection of Women from Domestic Violence Act, 2005 was enacted to protect the rights of women who are victims of domestic violence occurring in the Indian household. The Act ensures a woman’s right to reside in her matrimonial relations with respect and dignity. It covers all women who may be mothers, sisters, wives, widows, or even partners living in a shared household. It protects the women from any harm or injury to the safety, life, health, or well-being of the aggrieved woman by any act of physical, verbal, mental or economic abuse. Moreover, it includes any injury or harm done to the aggrieved woman or her relative to coerce her or any person to meet unlawful dowry demand. The Act benefits all women, irrespective of their marital status, age, or religious beliefs. It also includes actual abuse or the threat of abuse whether physical, verbal, mental or economic. It also allows the woman’s right to secure housing, whether or not she has any title in the household.
Maintenance of wife and children from Husband
It is a fundamental duty of a man to maintain his wife and children so long as they are not able to maintain themselves. The Court may order the husband to make monthly allowance to his wife and children for their maintenance. In case of children, both legitimate and illegitimate, are entitled to monthly allowance till they attain majority and even after, in certain cases, as if the child after attaining majority, is unable to maintain him/her due to some mental or physical illness or injury, it is the responsibility of the father to maintain him/her. Similarly, the husband must provide maintenance for the wife until she remarries, or finds some resource from which she can support herself. The court can also order the husband to bear the expenses of the legal proceedings of the aggrieved wife in certain cases. It is also provided that any case of monthly allowance for the interim maintenance & expenses of the aggrieved woman, as far as possible, be disposed of within a short period of sixty days.
F.I.R under Dowry Prohibition Act
No doubt, as per Section 3 of the Dowry Prohibition Act, giving or abetting to give dowry is a punishable offence, but the petitioner does have protection of Section 7(3) of the Act. Section 7(3) provides that notwithstanding anything contained in any law for the time being in force, a statement made by the person aggrieved by the offence under the Act shall not subject him to prosecution under this Act. In the instant case, it is obvious that respondent No.2 has filed his petition under Section 156(3) Cr.P.C. only on the basis of the allegations made by the petitioner Pooja Saxena in her complaint made to CAW Cell which formed basis for the registration of FIR No.232/2009 under Section 498A/406/34 IPC against respondent No.2 and others as well as in her petition under Hindu Marriage Act and Domestic Violence Act. Thus, it is clear that FIR No.59/2010 registered against the petitioner under Section 3 of the Dowry Prohibition Act, 1961 is based upon the statements made by the petitioner in her complaint to CAW Cell and above noted petitions. Therefore, she is entitled to the protection of Section 7(3) of the Act, being the victim of demand of dowry. Therefore Victim has the protection under the 7(3) of the act and no complaint can be lodged against her.
Anticipatory Bail, Interim Bail, and Regular Bail
Regular bail can be applied by a person who has already been arrested and kept in official custody. An arrested person can contact his lawyer in order to file a bail application after his/her arrest. Regular bail is divided into two types based on the offense. Regular bail for bailable Offences i.e. offences for which the remedy of bail is provided in law. Here the accused is entitled to get bail as a matter of right. A statutory duty is imposed upon the Police Officer by the Court to release a person on Bail if requested. Regular Bail for non-bailable Offences i.e. offences for which the remedy of bail is not provided in law. Here, bail is not a matter of right. It deals with the powers of the trial courts in front of whom the police brings the offender to grant or refuse bail. However, bail may be granted even for non-bailable offenses on the following grounds: If the Accused is below/at 16 years of age; if the Accused is a woman; If the Accused is ill or infirm For Habitual Offenders. Interim Bail is granted temporarily. The interim Bail is granted to the accused before hearing the regular bail. Any individual who anticipates that he may be tried for a non-bailable offense can apply for an anticipatory or advance bail application.
First Information Report under section 498A
A woman who has been the victim of any form of abuse, whether physical, mental or sexual, should not feel afraid to report it. To safeguard women from cruelty the law provides for filing of F.I.R in nearest police station. The victim should report the incident to the police and file an F.I.R (First Information Report) in order to protect herself from future harm in the hands of the husband or his family members. The incident report should have all particulars of the atrocities committed by the husband or his relatives on the aggrieved woman and should be written under professional help and guidance. The first step in pursuing legal action against an accused is filing a police complaint, often known as a FIR. Upon a complaint by the aggrieved wife or by any other person related to her by blood, marriage, or adoption, the court shall take cognizance of an offence and began trial. The aggrieved woman should report the incident of any crime against her to all her legal aid such as police and other law enforcement agencies and take professional help for the same.
Quashing of F.I.R. before the High Court
If a false F.I.R has been filed against a person with malicious intent and reasons by the Police, the aggrieved person can file an application for Quashing of FIR before the High Court of the respective State along with all related proceedings. The High Court can quash the FIR if it is satisfied that the F.I.R is filed because of the malicious intentions to harass and trouble the aggrieved person. Any person charged with certain non-compoundable offence i.e. offence which does not allow any compromise, has the right to reach to the appropriate court and fight the false and malicious allegations levelled against him/her. The onus of proof here lies on the aggrieved person to prove to the Court that the F.I.R against him is filed with malicious intention in order to harass him/her. The powers for Quashing of F.I.R is exercised with great care and caution by the Court and hence high amount of legal acumen and precision is demanded by the aggrieved person in order to move to move an application for quashing of F.I.R.
Mutual Divorce under Section 13(B) of Hindu Marriage Act
The husband and wife can jointly file the petition in the appropriate court for dissolution of their marriage by mutual consent. The husband and the wife can mutually file a petition on the grounds that they have been living apart for at least one year and are unable to live together, and that they have mutually decided that the marriage should end. However, it should be noted that that the parties have to jointly file a motion, after a period of six months but not more than the period of 18 months of filing of the original petition, for dissolution of marriage. Any petition for dissolution of marriage requires great care and caution on the part of the parties in order to save time and bitterness in the matter and hence requires high amount of legal acumen and understanding of the processes.
Contested Divorce under Section 13(1) of HMA
In all cases where one party is willing to dissolve the marriage, but the other party is not, the decision to separate is not mutually agreed upon and such divorce is known as contested divorce. This type of divorce takes place when one spouse has certain tangible or intangible reasons/grounds for separation and the dissolution of the marriage. In a contested divorce, both parties have separate legal representation to represent their interests and put forward their contentions against each other in court. There are certain grounds on which a contested divorce can be filed in India including adultery, cruelty, desertion, conversion mental disorder etc. In our country, Hindu marriage is considered as a “pavitra rishta” and hence contested form of divorce required high level of legal acumen and processes, therefore, it is advisable that the parties to the petition must exercise extreme care and caution while exercising their rights.
Application under Section 24 of HMA for Maintenance
The Indian law provides for maintenance for the basic needs to a dependent spouse while a ‘suit is pending’ or ‘while litigation continues.’ Here, the term ‘maintenance refers to the provision of living expenses and financial support to the spouse, either wife or husband, while a suit is pending in court. However, it should be noted that in any case of maintenance, the applicant has no independent income sufficient for his or her support and the expenses of the proceedings. An application for maintenance can even include the costs of any children living with you during the time of such proceedings.
Mutual Divorce under section 28 of Special Marriage Act
The husband and wife can jointly file the petition in the appropriate court for dissolution of their marriage by mutual consent. The husband and the wife can mutually file a petition on the grounds that they have been living apart for at least one year and are unable to live together, and that they have mutually decided that the marriage should end. However, it should be noted that that the parties have to jointly file a motion, after a period of six months but not more than the period of 18 months of filing of the original petition, for dissolution of marriage. Any petition for dissolution of marriage requires great care and caution on the part of the parties in order to save time and bitterness in the matter and hence requires high amount of legal acumen and understanding of the processes.
Contested Divorce under section 27 of Special Marriage Act
Special Marriage Act provides for divorce of people married and registered under Special Marriage Act, 1954. Here, contested divorce is one where both parties do not settle on the issue of divorce commonly. This type of divorce takes place when one spouse has certain tangible or intangible reasons/grounds for separation and the dissolution of the marriage. In a contested divorce, both parties have separate legal representation to represent their interests and put forward their contentions against each other in court. There are certain grounds on which a contested divorce can be filed in India including adultery, cruelty, desertion, conversion mental disorder etc. Contested form of divorce requires high level of legal acumen and processes, therefore, it is advisable that the parties to the petition must exercise extreme care and caution while exercising their rights.
Application under Section 37 of SMA for Maintenance
It is a fundamental duty of a man to maintain his wife and children so long as they are not able to maintain themselves. The Court may order the husband to pay a gross sum or make such monthly allowance to his wife for her maintenance, as it may seem just to the court. It should be noted that such maintenance can be secured for the wife by creating a charge on the property of the husband, if necessary. However, the court can even modify such order, if there is any positive change in the financial conditions of the wife later on.
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