Adv. Sadiya Khan (Advocate Khan and Associates)

Family Lawyers

Our Expert areas

•         Divorce with Mutual Consent

•         Divorce Petition

•         Criminal Complaint- Domestic Violence Act

•         Criminal Complaint- 498(a) IPC

•         Restitution of Conjugal rights

•         Judicial separation

•         Maintenance / Alimony

•         Child Custody and visitation

•         Transfer Petitions

•         Live-in-relationship

Family matters are sensitive matters and require a high level of empathy while dealing with the affected parties. We understand and provide the level of support needed in such traumatic times. We have experienced litigators who are well versed with the latest judgments and precedents to ensure that our client’s rights are protected at all times. We strive to provide personalized legal support at the most reasonable fee.

Criminal aspects in Family and Divorce matters:

Criminal complaint Under section 498A of Indian Penal Code, 1860 and its proceeding before CAW cell

Complaint under Protection of women from Domestic Violence Act 2005

Complaint under Dowry Prohibition Act

Application seeking Maintenance by wife and various complaints under the various sections of IPC

Civil aspects in Family and Divorce matters:

Petition for Divorce under various grounds as per Hindu marriage Act viz.

•         Petition on the ground of mutual consent

•         Petition on the ground of Contested Divorce

•         Petition on the ground of cruelty,

•         Petition on the ground of Desertion,

•         Petition on the ground of impotency,

•         Petition on the ground of adultery

Petition for Custody of children under provisions of HMA, 1955

Application for seeking Interim maintenance and expenses by wife

Application for restitution of conjugal rights

Suit for partition of the joint property owned jointly by husband and wife

DV Case Lawyer  – Pune

Protection of Women from Domestic Violence (DV) Act, 2005, called as Domestic Violence Law or DV provides a variety of rights to women victim of Domestic Violence. If you need DV case Lawyer in Pune, you can reach out to us. Domestic violence (DV) Act has come into effect with the objective of expeditious disposal of the claim of women who are the victim of domestic violence. Domestic violence (DV) has come in to force with the objective of providing economic justice and independence to women victim of domestic violence.

Domestic violence (DV) law specifically provides the right to the residence. Right to residence includes in living in the shared household irrespective of the fact whether the wife has right, title or interest over the property/ residence. This legal provision is inserted in Domestic Violence (DV) law to arrest of abandoning the woman and children, if any, without roof and shelter in case of matrimonial disputes. Such a place can be shared household where husband and wife lived together and made such a house as their matrimonial house. Alternatively, the law mandates a husband to provide alternate residence comparable to the one previously enjoyed by the wife while living together. Law relating to Domestic violence has developed considerably. We have Best domestic violence (DV) lawyers in Pune. They keep themselves updated with changing law for the successful prosecution or defence of the domestic violence complaint. Best domestic violence lawyer ensures maximum benefits of domestic violence Victim. In defence, good domestic violence lawyer (DV) ensures the best possible ways to counter the claim and get justice in cases of motivated domestic violence complaint.

Alimony, Maintenance and Interim

This is an integral part of all matrimonial proceedings. Application for maintenance can be moved by either of the spouse who does not have the sufficient means to maintain him/her self. Maintenance can also be classified in to two parts:

Interim Maintenance: Such maintenance is provided during the pendency of the case in the court. The underlying idea behind giving such maintenance is that one party should not loose and stand on a weaker footing at the time of contesting case. Quantum of such maintenance is dependent on variety of factor but most important aspect is the status of the parties prior to the filing of the case and the income/salary of the spouse against whom such maintenance is claimed. Court always tries to bring both the party at equal platform and footing.

Permanent Maintenance: It is awarded at the time when whole case is finally decided. It could be periodical or monthly depends upon the facts and circumstances of the case.

Contested Divorce

Contested Divorce implies party desirous of divorce approach the family Court/Civil Court for the dissolution of marriage. Spouse seeking divorce has to take one of the grounds provided under the law of contested divorce.

There are different laws dealing with contested divorce for different section of the Society. Hindu Marriage Act,1955 provides ground for divorce for Hindus which includes Sikh, Jain and Budh religion. Indian Divorce Act,1869, provides grounds for divorce for Christian. Special Marriage Act provides grounds for divorce for people married under civil law and whose marriages are registered under Special Marriage Act,1954. Broad grounds for Divorce are as under: –

•         Divorce on the ground of Adultery

•         Divorce on the ground of Cruelty

•         Divorce on the ground of Desertion

•         Divorce on the ground of Conversion to another religion

•         Divorce on the ground of Unsoundness of mind or mental disorder

•         Divorce on the ground of Virulent and Incurable form of leprosy

•         Divorce on the ground of Venereal disease

•         Divorce on the ground of Renounce the World

•         Divorce on the ground of Not heard for a period of seven years or more

Beside above, there are couples of additional grounds for divorce available only to female.

CONTESTED DIVORCE PROCEDURE:

Contested Divorce proceedings commences with filing of Divorce petition. Family Court/Civil Court causes a notice to be served on the opposite party for appearance.

Contested divorce requires expert divorce lawyer either in prosecuting or defending divorce case. Such expert divorce lawyer guides, strategize and plan the whole action. Effective planning by divorce lawyers increases the probability of success in the trial of the case for a favorable outcome.

Contested Divorce is a long process requiring through professional work and approach. Good Divorce lawyer take through this challenging and arduous task by his expertise and your counsel through turbulent and emotional time.