Divorce Lawyer In Delhi

Pradeep Nawani, Advocate

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Our firm Pradeep Nawani & Associates is a product of 12 years of Hardwork, Perseverance & uphill battle. It all started with an idea of serving people by accumulating experience in multiple jurisdictions and specialities. The idea was “To Build, Provide, Recruit & Raise Talent” in the field of law. After crossing hurdles, here we are today, serving clients with our expertise in various fields of law. This milestone would not be possible without our clients who entrusted their fate on us. Our extremely talented and dedicated team devoting their time and energy to a vision which I saw years back. To all, thank you! We Aspire and dream to provide highly tailored solutions for all our clients.

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Looking forward to growth and extremely grateful for the present.

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What is Divorce?

Ground for Divorce ?

In India most of the cases for Divorce used to be file on the ground of Cruelty

ADULTERY
CRUELTY
INSANITY
DESERTION
CONVERSION
VENERAL DISEASE
RENUNCIATION
PRESUMPTION OF DEATH

What is Cruelty?

TYPES OF CRUELTY

Physical Cruelty

Mental Cruelty

Definition of Cruelty?

Physical Cruelty

Any physical violence, bodily injuries, the threat to life, limb and health apparently causing apprehension in the mind of the SPOUSE would constitute physical cruelty on the spouse.

Mental Cruelty

The concept of mental cruelty was added as the spouse can also be mentally tortured by the other spouse. Mental Cruelty is lack of kindness which adversely affects the health of the person. Well it is easy to determine the nature of physical cruelty but difficult to say about mental cruelty.

Can a husband file a one sided divorce case against wife on the ground of cruelty?

Yes, a husband can initiate a proceedings against his wife for treating him with cruelty. It can be a divorce where husband wishes to end the marriage due to the conduct of wife. Among the various grounds cruelty is one of the gender neutral provision.

Some instances where husband can seek divorce

Where wife asks for NUCLEAR FAMILY.
STERILIZATION of Husband/ Abortion of Wife without consent or knowledge of the other Spouse.
Wife’s unilateral decision not to have children after marriage.
Long continues separation of Wife depicting matrimonial bond beyond repair.
Any other grounds.

Procedures for filing one sided divorce

STEP 1- DRAFTING

A party seeking divorce may approach to a legal consultant, who drafts a petition based upon the facts and circumstances explained and narrated. The petition has to be accompanied by relevant documents supporting the allegations as made in the petition.

STEP 2- FILING OF DIVORCE PETITION

Once the petition has been drafted, it would be filed along with affidavits and vakalatnama attached to it before the appropriate family court.

STEP 3- SCRUTINING

After filing the petition, its legal maintainability will be checkedby the court & subsequently court notice be sent to the party against whom the petition is filed.

STEP 4 - WRITTEN STATEMENT/ REPLY

After receiving the court notice, respondent suppose to file the written statement /reply to the divorce petition vide which respondent used to answer all the allegations in parawise format by either accepting or denying the facts or allegations mentioned by the petitioner in his petition and in addition, respondent may mention his or her defence.

STEP 5- REJOINDER/ REPLICATION BY THE PETITIONER

The rejoinder/ replication use to be file by the petitioner with regard to the written statement which may include counter to the allegations contended by respondent in his or her WS/ reply. After filing the rejoinder/ replication, pleadings get closed.

STEP 6- FRAMING OF ISSUES

The next step is that the court will proceed in the matter and frame the issues on the basis of the pleadings of the parties.

STEP 7- EVIDENCES OF THE PARTIES

Petitioner Evidence: Here petitioner is suppose to submit his evidence in the form of affidavit, subject himself or his witnesses for cross – examination by the counsel of respondent, and also present supporting witnesses to the case.

Respondent Evidence: The same process is repeated with respect to the respondent where he is also suppose to submit evidence, subject himself or his witnesses for cross – examination by the counsel of the petitioner, and also produce supporting witnesses to the case.
This is the most crucial aspect of the entire proceedings – it decides the fate of the case.

STEP 8- FINAL ARGUMENTS

Once the procedure of recording/ producing evidences and cross examinations is completed, advocates of the both parties conclude their final arguments before the court. After this court will decide a date on which it will pronounce its decision.

STEP 9- DECISION/JUDGMENT

The court would give its final decision. The verdict is based upon the facts, circumstances, pleadings and evidences of the each case.

Landmark and supporting judgements for one sided divorce on the ground of cruelty

DASTANE V. DASTANE

IN THE LANDMARK JUDGMENT OF SUPREME COURT, the court determined that the wife’s threats of suicide and verbal abuse of her husband and his father, among other things, were sufficient grounds for a divorce, which was granted on the basis of this mentally-inflicted cruelty.

Mayadevi Vs. Jagdish Prasad

Supreme Court held that any kind of mental cruelty faced by either of the spouses, not just the woman but men as well, can apply for a divorce on grounds of cruelty. In this case, the respondent filed an application of divorce after a repeated course of cruelty inflicted by his wife and as alleged by the husband that the wife did not provide food to him and his children and blamed the husband and his family members instead. Hence, a man is also entitled to divorce if he is inflicted with any kind of cruelty.

SHAILENDRA KUMAR CHANDRA V. SMT. BHARTI CHANDRA

The Chhattisgarh High Court, in a significant judgment, ruled that if a wife insists that her husband leaves his parents and lives separately with her and threatens to impose false accusations of dowry on him, it will amount to mental cruelty.

Watch YouTube Video for complete knowledge for Filing one sided Divorce

Watch YouTube Video for complete knowledge of Mutual Consent Divorce

Testimonials

Pradip is best criminal lawyer .He is very punctual and knows his job very well. He knows the Art cross examination ( what to ask and what not) . He hold special knowledge in divorce, 498a , DV, CRPC 125 , 377 , 376 or any matrimonial issue.

MR AMIT SUNEJA

On of the best lawyers in Delhi with atmost knowledge of all the laws. My experience has been great with him very friendly and most economical.

MR. KARAN GUPTA

Highly recommended. I was myself tired after dealing with 3-4 lawyers for my case. i also discovered i was misled by them. my search stopped at Nawani Ji who helped me immensely both during and post trial with good practical knowledge. highly ethical practice.

MR. VIKAS VASHISTH

Mr. Nawani is number one lawyer for 498A, Domestic Violence and Divorce cases. His indepth knowledge of Indian laws makes him different from other lawyers. He wins his cases on technical grounds based on his sound knowledge of the law. His ability of cross questioning and argument in front of Hon`ble judges is unique. If you are facing false accusations from your partner then believe me you are at utmost right place. Thank you.

MR. SANJAY RAWAT

I am not only recommending Adv Pradeep Nawani, but I guarantee once you have used his services, you will look no further. He responds in an extremely timely manner with a right approach be it documentation or in terms of strategy . He guides you with the best suitable process for you , where all your rights and reliefs are in build. Thank you Pradeep Nawani Sir

MR. VISHAL

Working tirelessly, analytical skills, knowledge, professionalism and Integrity are the key factors which make ADVOCATE PRADEEP NAWANI unmatchable specially in BAIL MATTERS & MATRIMONIAL CASES, I wanted to thank you for the excellent work you did as my lawyer . Thanks

MR. ROSHAN MALKOTI

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