what is the definition of Stridhan/Rights Of Women on Stridhan-Khanna & AssociatesLLP

A COMPLETE GUIDE ON STRIDHANA

Meaning of Stridhana: the word Stridhana is composed of two words: Stri (woman) and Dhana (Property). The word means the property belonging to a woman. As observed in Rajamma’s case, a gift given to a Hindu woman before and after her marriage constitutes woman’s property.

A Hindu female can secure the property from numerous sources but every such property cannot be Stridhana. Whether a property constitutes stridhan depends upon:

Sources of the acquired property.
The status of the female at the time of acquiring the property, i.e. maidenhood, married status or widowed.

SOURCES OF STRIDHAN:

Properties acquired from the following sources fall under the expression Stridhana-

Gift received from relatives.
Gifts and bequests from strangers during maidenhood.
Property obtained in partition.
Property got in lieu of maintenance.
Property acquired by inheritance.
Property acquired through technical skill and art.
Property acquired by compromise.
Property acquired by adverse possession.
Property purchased with the earnings of the stridhana or with savings of income from stridhana.

Property acquired lawfully from sources other than those mentioned above.

Rights of Women over Stridhana

The right depends upon the status and source of the stridhana-

Unmarried status – Any Hindu woman can dispose of the stridhana voluntarily. However if she is minor, minority renders the incompetency to the right of disposal.
Married status: The right of disposal of the stridhana varies with the nature of the stridhana. For this purpose the stridhana has been divided into saudayika and asaudayika stridhana. During marriage the saudayika stridhana gifts of love and affection) – gifts received by a woman from relations on both sides (parents and in-laws) could be alienated freely by her, but asaudayika stridhana all other types of Stridhana such as gifts from stranger, property acquired by self-exertion or the mechanical arts.
could be alienated by her with the consent of her husband only. This rule is subject to the condition that where husband and wife live together. Where both have departed, asaudayika stridhana can be disposed of by the wife even without the consent of her husband
During widowhood. – During widowhood the woman has an absolute and unrestricted right of alienation of property, irrespective of the fact whether it has been acquired prior or after the death of the husband. Thus she can alienate the properties without any constraint. So far as the question of succession to the property of a woman of bad character is concerned, her bad character does not extingui.sh the blood relationship.

STRIDHANA, ITS SUCCESSION UNDER HINDU SUCCESSION ACT, 1956:

Section 14 provided that every property which was in possession of a Hindu female at the time of the enforcement of the Act, whether acquired prior to or subsequent to the Act, became her absolute property.

Section 15 lays down that when a Hindu female dies intestate leaving her stridhana, it would devolve upon the following categories of heir according to the rules provided in Section 16 of the Act:

Firstly, upon sons and daughters(including the children of a predeceased son or daughter) and husband;
Secondly, upon the heirs of husband;
Thirdly, upon father and mother;
fourthly, upon the heirs of father;
fifthly, upon the heirs of mother;

Application under different laws

If her husband or any other member of his family who are in possession of such property, dishonestly misappropriate or refuse to return the same, they may be liable to punishment for the offence of criminal breach of trust under 405 & 406 IPC.
Section 12 of the Domestic Violence Act, 2005 provides for women right to her Stridhana in cases where she is a victim of domestic violence. The provisions of this law can be easily invoked for recovery of Stridhana.
Again u/s 18(ii) of the Domestic Violence Act the law says that a woman is entitled to receive the possession of the Stridhana, jewellery, clothes and other necessary items.

Khanna & Associates LLP founded in 1948 by Late Amarnath Singh Khanna is a giant of its kind.It is a conglomerate of Diversified Acumen with its verticals ranging from Legal to Finance .Khanna & Associates have associates accross the globe and human resource which are one of its kind .

KHANNA & ASSOCIATES is a full service International Law Firm handling all legal matters on Civil, Criminal, Business, Commercial, Corporate, Arbitration , Labor & Service subjects in law, in all courts as well as Tribunals. An individualized service by members with decades of experience ensures total satisfaction to the clients.

.We Provide services are:

Legal Outsourcing Work (LPO)
Matrimonial
Civil and Criminal
International domain
Infringement of Fundamental Rights
Family Law
Landlord Tenant and Property disputes
Service, Employment and Education matters
Money Recovery
Cheque dishonor
Consumer Disputes – Appellate
Government
Motor Accident Claims
Contracts
Arbitration & Conciliationt
Media laws
Intellectual property/information technology laws
Commercial and corporate transactions

Contact Us:

khannaandassociates.com
cafirm.khannaandassociates.com
bestdivorcelawyer.in
domesticviolence.co.in

IN-+91-9461620007 ,9461620006

US-+1-80151-20200

info@khannaandassociates.com

cafirm.khannaandassociates@gmail.com

DOMESTIC VIOLENCE AGAINST WOMEN IN INDIA

A COMPLETE GUIDE ON DOMESTIC VIOLENCE AGAINST WOMEN IN INDIA

Khanna & Associates LLP founded in 1948 by Late Amarnath Singh Khanna is a giant of its kind.It is a conglomerate of Diversified Acumen with its verticals ranging from Legal to Finance .

Definition

“violence against women” is understood as a violation of human rights and a form of discrimination against women and shall mean all acts of gender-based violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life”

The Protection of Women from Domestic Violence Act 2005 differs from the provision of the Penal Code – section 498A of the Indian Penal Code – in that it provides a broader definition of domestic violence.
Domestic violence is defined by Section 3 of the Act as[4] “any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it:
harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
otherwise injures or causes harm, whether physical or mental, to the aggrieved person.”

The Act goes on, through the section Explanation 1, to define “physical abuse”,”sexual abuse”, “verbal and emotional abuse” and “economic abuse”.

Violence against women can take a number of forms:

Physical Abuse:

Hitting, slapping, shoving, grabbing, pinching, biting, hair pulling, etc are types of physical abuse. This type of abuse also includes denying a partner medical care or forcing alcohol and/or drug use upon him or her.

Sexual Abuse

: Coercing or attempting to coerce any sexual contact or behavior without consent. Sexual abuse includes, but is certainly not limited to, marital rape, attacks on sexual parts of the body, forcing sex after physical violence has occurred, or treating one in a sexually demeaning manner.

Emotional Abuse

Undermining an individual’s sense of self-worth and/or self-esteem is abusive. This may include, but is not limited to constant criticism, diminishing one’s abilities, name-calling, or damaging one’s relationship with his or her children.

Economic Abuse

Is defined as making or attempting to make an individual financially dependent by maintaining total control over financial resources, withholding one’s access to money, or forbidding one’s attendance at school or employment.

Psychological Abuse:

Elements of psychological abuse include – but are not limited to – causing fear by intimidation; threatening physical harm to self, partner, children, or partner’s family or friends; destruction of pets and property; and forcing isolation from family, friends, or school and/or work.

Domestic violence can happen to anyone regardless of race, age, sexual orientation, religion, or gender. Domestic violence affects people of all socioeconomic backgrounds and education levels. Domestic violence occurs in both opposite-sex and same-sex relationships and can happen to intimate partners who are married, living together, or dating.

Rape

Rape is a type of sexual assault, usually involving sexual intercourse. Rape is usually perpetrated by men against boys, women, and girls; women are usually assaulted more often than boys and girls and usually all by someone they know.

Victims of rape can be severely traumatized and may suffer from posttraumatic stress disorder; in addition to psychological harm resulting from the act, rape may cause physical injury, or have additional effects on the victim, such as acquiring of a sexually transmitted infection or becoming pregnant.

Violence against victims

Following a rape, a victim may face violence or threats of violence from the rapist, and, in some cultures, from the victim’s own family and relatives. Violence or intimidation of the victim may be perpetrated by the rapist or by friends and relatives of the rapist, as a way of preventing the victims from reporting the rape, of punishing them for reporting it, or of forcing them to withdraw the complaint; or it may be perpetrated by the relatives of the victim as a punishment for “bringing shame” to the family. This is especially the case in cultures where female virginity is highly valued and considered mandatory before marriage; in extreme cases, rape victims are killed in honor killings. Victims may also be forced by their families to marry the rapist in order to restore the family’s “honor”.

Honor killings

Honor killings are a common form of violence against women in certain parts of the world. In honor killings, women and girls are killed by family members (usually husbands, fathers, uncles or brothers) because the women are believed to have brought shame or dishonor upon the family. These killings are a traditional practice, believed to have originated from tribal customs where an allegation against a woman can be enough to defile a family’s reputation. Women are killed for reasons such as refusing to enter an arranged marriage, being in a relationship that is disapproved by their relatives, attempting to leave a marriage, having sex outside marriage, becoming the victim of rape, dressing in ways which are deemed inappropriate.

Acid attack victim

Acid throwing, also called acid attack, or vitriolage, is defined as the act of throwing acid onto the body of a person “with the intention of injuring or disfiguring [them] out of jealousy or revenge”. The most common types of acid used in these attacks are sulfuric, nitric, or hydrochloric acid Perpetrators of these attacks throw acid at their victims, usually at their faces, burning them, and damaging skin tissue, often exposing and sometimes dissolving the bones .The long term consequences of these attacks include blindness and permanent scarring of the face and body. Women and girls are the victims in 75-80% of cases Acid attacks are often connected to domestic disputes, including dowry disputes, and refusal of a proposition for marriage, or of sexual advances. Such attacks are common in South Asia, in countries such as Bangladesh, Pakistan, India; and in Southeast Asia, especially in Cambodia

Forced marriage

A forced marriage is a marriage in which one or both of the parties is married against their will. Forced marriages are common in South Asia, the Middle East and Africa. The customs of bride price and dowry, that exist in many parts of the world, contribute to this practice. A forced marriage is also often the result of a dispute between families, where the dispute is ‘resolved’ by giving a female from one family to the other.

The custom of bride kidnapping continues to exist in some Central Asian countries such as Kyrgyzstan, Kazakhstan, Uzbekistan, and the Caucasus, or parts of Africa, especially Ethiopia. A girl or a woman is abducted by the would be groom, who is often helped by his friends. The victim is often raped by the would be groom, after which he may try to negotiate a bride price with the village elders to legitimize the marriage.

Sexual harassment

Sexual harassment is abusive, uninvited and unwelcome behavior of a sexual nature, typically in the work/studying place, which may include intimidation, bullying or coercion of a sexual nature, or the inappropriate promise of rewards in exchange for sexual favors. It can be verbal or physical, and it is often perpetrated by a person in a position of authority against a subordinate. In the United States, sexual harassment is a form of discrimination which violates Title VII of the Civil Rights Act of 1964. The Council of Europe Convention on preventing and combating violence against women and domestic violence defines sexual harassment as: “any form of unwanted verbal, non-verbal or physical conduct of a sexual nature with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.”

Human trafficking and forced prostitution

A world map showing countries by prevalence of female trafficking

Human trafficking refers to the acquisition of persons by improper means such as force, fraud or deception, with the aim of exploiting them. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children states that:

“Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs”.

Because of the illegal nature of trafficking, reliable data on its extent is very limited. The WHO states that: “Current evidence strongly suggests that those who are trafficked into the sex industry and as domestic servants are more likely to be women and children.”A study in Europe on trafficked women found that the women were subjected to serious forms of abuse, such as physical or sexual violence, which affected their physical and mental health.

Forced prostitution is prostitution which takes place as a result of coercion by a third party. In forced prostitution, the party/parties who force the victim to be subjected to unwanted sexual acts exercise control over the victim.

Mistreatment of widows

A widow is a woman whose spouse has died. In some parts of the world, widows are subjected to serious forms of abuse, often fueled by traditional practices such as widow inheritance. The sacrifice of widows (such as sati) has been prevalent historically in various cultures (especially in India). Although sati in India is today an almost defunct practice, isolated incidents have occurred in recent years, such as the 1987 sati of Roop Kanwar, as well as several incidents in rural areas in 2002,

The salient features of the Protection from Domestic Violence Act, 2005 are as follows:

The Act seeks to cover those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or a relationship in the nature of marriage, or adoption; in addition relationship with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with them are entitled to get legal protection under the proposed Act.

“Domestic violence” includes actual abuse or the threat of abuse that is physical, sexual, verbal, emotional and economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.

One of the most important features of the Act is the woman’s right to secure housing. The Act provides for the woman’s right to reside in the matrimonial or shared household, whether or not she has any title or rights in the household. This right is secured by a residence order, which is passed by a court. These residence orders cannot be passed against anyone who is a woman.

The other relief envisaged under the Act is that of the power of the court to pass protection orders that prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties and causing violence to the abused, her relatives and others who provide her assistance from the domestic violence.

The Act provides for breach of protection order or interim protection order by the respondent as a cognizable and non-bailable offence punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees or with both. Similarly, non-compliance or discharge of duties by the Protection Officer is also sought to be made an offence under the Act with similar punishment.

While “economic abuse” includes deprivation of all or any economic or financial resources to which the victim is entitled under any law or custom whether payable under an order of a Court or otherwise or which the victim requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by her, payment of rental related to the shared household and maintenance and disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the victim has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the victim or her children or her stridhan or any other property jointly or separately held by the victim and prohibition or restriction to continued access to resources or facilities which the victim is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household, “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm or danger to life, limb, or health or impair the health or development of the victim and includes assault, criminal intimidation and criminal force.

Application to the magistrate

An application regarding domestic violence can be presented to the magistrate seeking one or more reliefs mentioned in sections by:

The aggrieved person,
Protection officer on behalf of aggrieved person
Any other person on behalf of aggrieved person

Jurisdiction of court

The first class magistrate court or metropolitan court shall be the competent court within the local limits of which

The aggrieved person permanently or temporary resides or carries on business or is employed
The respondent permanently or temporally resides or carries on business or is employed or
The cause of action arises.

Any order made under this Act shall be enforceable throughout India While disposing application the magistrate shall take in to consideration any domestic incident report received from the protection officer or service provider. The relief sought under this section includes the issuance of order of payment or compensation or damages without prejudice to the right of such person to institute suit for compensation or damages for injuries caused by the act of domestic violence. If the magistrate is satisfied that an application prima facie discloses that the respondent is committing or has committed an act of domestic violence or there is a likelihood of such violence, he may grant following exparte interim order against the respondent on the basis of affidavit of the aggrieved person. Magistrate can issue different orders such as Protection order, residence order, monetary relief, custody order or compensatory orders as per the circumstances of the case.

In case of an earlier decree of compensation or damages passed by any other court, in favour of aggrieved person, the amount if any paid shall be set off against the order of amount payable under this act. The application to the magistrate shall be as nearly possible to the formats prescribed under this Act and Rules. After receiving the application the Magistrate shall fix the date of first hearing within 3 days and the magistrate shall endeavor to dispose of every application be within a period of 60 days of the first hearing. The notice of the date of hearing shall be given by the magistrate to the protection officer who shall get it served to the respondent. At any stage of the application, the magistrate may order, counselling of the respondent or aggrieved person either singly or jointly with any member of service provider. The magistrate may secure the service of suitable person preferably a woman including a person engaged in the welfare of women for assisting the court in the discharge of its function. If the circumstance of the case so warrant and if either party so desires the magistrate may conduct the proceedings on camera.

Right to reside in a shared house hold

Every women in a domestic relationship shall have the right to reside in the shared household, irrespective of the fact that she has right, title or beneficial interest in it. The aggrieved person shall not be evicted from the shared house hold or any part of it by the respondent without the procedure established by the law. The Hon’ble Supreme court in a case, S.R Batra and another V Smt Taruna Batra, held that the exclusive property of mother -in-law of Smt Taruna Batra is not a shared household as defined in S.2 of the Act. shared property means the house belongs to husband or taken rent by him or joint family property. Wherever the couple lived together in the past and treating that property as shared household would lead to chaos and such interpretation would be absurd.

Different kinds of order issued by the Magistrate

Protection orders

After giving an opportunity to the aggrieved person and respondent of being heard and the magistrate is satisfied that a prima facie case of domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person prohibiting the respondent from the following acts such as Committing any acts of domestic violence

Aiding or abetting in the act of domestic violence
Entering the place of employment of aggrieved person or if the person is child, its school or any other places
Attempting to communicate in any form including personal, oral or written, electronic or telephonic contact
Alienating any assets, operating bank account, bank locker held or enjoyed by both parties jointly or singly by the respondent including her sthridhan
Causing violence to the dependents, or other relative or any other person who give the assistance to the aggrieved person or
Committing any other acts specified by the protection officer

Residence orders

The magistrate being satisfied that a domestic violence has taken place, pass residence order-

Restraining the respondent from dispossessing or in any manner disturbing the peaceful possession of the shared household
Directing the respondent to remove himself from the shared household
Restraining the respondent or his relatives from entering any portion of the shared house hold where the aggrieved person lives
Restraining the respondent from alienating or disposing of the shared house hold or encumbering it
Restraining the respondent from renouncing his right in the shared household
Directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her or to pay rent for the same if the circumstances so require.

No order shall be made against women under this section. Magistrate may impose additional condition and pass any other order to protect the safety of the aggrieved person or her child. Magistrate is also empowered to order direction the concerned station house officer of the police station to give protection to the aggrieved person r to assist in implementing his order. Magistrate may also impose on the respondent to direct stridhan or any other property or valuabale security she is entitled

Monetary relief

The magistrate may direct the respondent to pay monetary relief to meet the expenses of the aggrieved person and any child as a result of domestic violence and such relief include

Loss of earnings
Medical expenses
Loss caused due to destruction or removal or damage of any property
Pass order as to maintenance for the aggrieved person as well as her children if any

Including the order under or in addition to an order of maintenance under section 125 criminal procedure code or any other law.

The quantum of relief shall be fair reasonable and consistent with the standard of living to which the aggrieved person is accustomed to. Magistrate can order a lump sum amount also . On failure of the respondent to make payment of this order, magistrate shall order employer or debtor of the respondent to directly pay to the aggrieved person or to deposit in the court a portion of the salary or wage due to the respondent. Magistrate can order a lump sum amount also . On failure of the respondent to make payment of this order, magistrate shall order employer or debtor of the respondent to directly pay to the aggrieved person or to deposit in the court a portion of the salary or wage due to the respondent.

Custody orders

Magistrate can grant temporary custody of any child or children to the aggrieved person or to the person making application on her behalf and specify the arrangements for visit of such child by the respondent. Magistrate can refuse the visit of such respondent in such case if it may harmful to the interest of the child.

Compensation orders

Magistrate may pass order directing the respondent to pay compensation to the petitioner for injuries including mental torture and emotional distress caused by the acts of domestic violence committed by the respondent.

Copies of orders passed by the magistrate shall be supplied free of cost to the parties concerned and police officer and service provider

Any relief available under this Act may also be sought in any other legal proceedings before a civil court,family court or criminal court and such relief may be sought in addition to and along with relief sought for in suit, or legal proceeding before civil or criminal court.

KHANNA & ASSOCIATES is a full service International Law Firm handling all legal matters on Civil, Criminal, Business, Commercial, Corporate, Arbitration , Labor & Service subjects in law, in all courts as well as Tribunals. An individualized service by members with decades of experience ensures total satisfaction to the clients.

The firm relies on the latest computing and communications equipment to enable fast and cost effective services to clients. It makes complete usage of a practical and effective precedent development system to ensure uniformity and time management. The firm has adapted itself successfully to the modern day demands of global competitiveness and competence. The firm possesses a wealth of experience in the field of Law for the last 50 years and is staffed with a team of energetic professionals & lawyers and has associates representing the firm.

Our long experience has made us to understand that clients wish to minimize their involvement with the legal system. They put there full trust in the law firm representing them. The Firm can satisfactorily provide these facilities and more for any work related to and in India. With the greater interest being shown in Indian operations, the firm is ideally suited to act as a window for clearer and updated view of India. In view of the increasing trend in recent legislation to make provisions for penal / punitive remedie, the firm is providing services in Criminal matters. We work together with our clients to avoid

legal obstacles, and to handle legal problems in an efficient, professional manner when they

do occur. The Firm is retained as Legal Counsel by large number of business houses.

khannaandassociates.com
cafirm.khannaandassociates.com
bestdivorcelawyer.in
domesticviolence.co.in

IN-+91-9461620007 ,9461620006
US-+1-80151-20200
info@khannaandassociates.com
khannaandassociates@gmail.com

Mutual Consent Divorce

A Complete Guide to Mutual Consent Divorce

Our Team at Khanna & Associates will make an endeavour to help in your way to seek Mutual Consent Divorce

Mutual Consent Divorce was brought by the India Parliament vide Amendment in the year 1976 in the Hindu Marriage Act.

Mutual Consent Divorce has brought relieve. As a mutual consent divorce lawyer, it is desirable to suggest to parties to understand the futility of long drawn litigation and thereby proceed towards mutual consent divorce.

As per law, duration/time of obtaining mutual consent divorce is six months. Although, parties have option of filing the second motion petition any time between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition.

Parties desirous of Mutual Consent Divorce are always perplexed as to how to initiate the process, role of court, terms and conditions of mutual consent divorce, issues of maintenance and child custody, duration of mutual consent divorce, place where Petition for mutual consent divorce can be filed and other allied questions

For the purpose of clarity, you just need to understand following bullets point:-

Spouses should talk to each other about future course. If both spouses reach to a conclusion that marriage is not workable they should ease out the tension surrounding them and accept that their marriage has broken down. Forget the fear of society. Nobody knows situation better than husband and wife themselves; also impact on the children.Accept that there can be agreement even in disagreement.

If there are child(ren) involved, spouse should decide amongst themselves who is going to be have the physical custody of the children, duration of visitation rights and interim custody during summer and winter vacations and other holidays. Both parents are equally competent to take the custody of the children. It’s the understanding and agreement between parties which prevails subject to the welfare of the minor child(ren). Parties can have understanding of joint custody or shared parenting in mutual consent divorce process.

Next important aspect is financial settlement. There are various aspects of financial settlement which includes alimony, maintenance, house, education expenses, higher education expenses, marriages, istridhan, joint investments, joint accounts and many other. As a mutual consent divorce lawyers, we provide platform to parties to discuss these issues in calm atmosphere and reach to their own solutions. We as a mutual consent divorce lawyers provide different options using our vast experience in the field to resolve issues affecting the chances of settlement. Sometime, emotions between spouses are running so high that logic fails.

Now, you are ready to file petition for mutual consent divorce.Petition for mutual consent divorce can be filed at any of the following place:-

Place where marriage had taken place
Place where husband and wife last resided together.
Place where wife is residing at the time of filing of the Petition

Once petition for divorce by mutual consent is filed, parties presence are required in the Court for recording of the statement. In the event one of the party is unable to come, such party can appear through power of attorney. Such power of attorney preferably should be a family member of the spouse.Once statement is recorded, it is commonly called First Motion has been granted.

After passing of first motion, parties are called upon to wait for six months period before moving Petition for second motion. This period is extendible unto eighteen months. This six months period in mutual consent divorce is generally called cooling-off period. Six months period are given to parties to think their relationship again. It is given for reconciliation.

After six months period, if parties have been unable to resolve their differences, they will have to appear in the Court again. Statement of parties would be recorded again.

During the period of six months i.e. before moving second motion, both parties have liberty to withdraw their consent for divorce.

After this Court passes an order dissolving the marriage by granting decree of divorce and thereby marriage stands dissolved.

As Divorce Lawyers we provide array of Services ranging from Mutual Consent Divorce Matters to Child Custody issues .It Does not Matter whether you posses a NRI Status , we specialize in International Divorce Cases as well .

FIRM’S

HISTORY

KHANNA & ASSOCIATES was initially founded in 1948 by Late Amarnath Singh Khanna, a highly successful lawyer in private practice, specializing in criminal law, dedicated to the cause of the society, an unforgettable legend in the field.
Today, the Firm has grown more under the sincere leadership with professionals specializing in their own fields, serving the clients and the community through professionalism, public service and charitable works.

ABOUT

THE

FIRM

KHANNA & ASSOCIATES is a full service Law Firm handling all legal matters on Civil, Criminal, Business, Commercial, Corporate, Arbitration , Labor & Service subjects in law, in all courts as well as Tribunals. An individualized service by members with decades of experience ensures total satisfaction to the clients.

The firm possesses a wealth of experience in the field of Law for the last 70 years and is staffed with a team of energetic professionals & lawyers and has associates representing the firm. Our long experience has made us to understand that clients wish to minimize their involvement with the legal system. They put there full trust in the law firm representing them. The Firm can satisfactorily provide these facilities and more for any work related to and in India. With the greater interest being shown in Indian operations, the firm is ideally suited to act as a window for clearer and updated view of India. In view of the increasing trend in recent legislation to make provisions for penal / punitive remedies, the firm is providing services in Criminal matters. We work together with our clients to avoid legal obstacles, and to handle legal problems in an efficient, professional manner when they do occur. The Firm is retained as Legal Counsel by large number of business houses.

Khanna & Associates believes in building long term relationships with clients which are based on mutual trust and dedication, a promise to provide our clients with the highest levels of service. We firmly believe that it is these relationships that are our real strength. These relationships are what that makes us unlike most other law firms and set us apart.

Whether your legal needs are local, national or international, we invite you to discover the advantages of working with Khanna & Associates.

http://www.khannaandassociates.com

http://www.bestdivorcelawyer.in