Frequently Asked Questions

Filing for divorce in Ghaziabad involves determining the type of divorce (mutual consent or contested), drafting a petition with the help of a lawyer, and filing it in the Family Court, Ghaziabad. For a mutual consent divorce, both parties file a joint petition, attend two court motions separated by a six-month cooling-off period. For a contested divorce, one party files the petition on specific grounds like cruelty or desertion, and the case proceeds through evidence and trial.

If you apprehend an arrest for a non-bailable offense, you can seek anticipatory bail under Section 438 of the CrPC. The application is typically filed first in the Sessions Court. If rejected, you can then move the application to the Allahabad High Court. You must demonstrate a reasonable fear of arrest on false grounds. The court will consider the nature of the accusation, your past record, and the possibility of you fleeing justice before granting bail.

The paramount consideration for any family court in Ghaziabad, and all of India, is the welfare of the child. The court examines factors like the age, gender, and health of the child; the financial and emotional capacity of each parent; the child's own wishes (if they are old enough to express a preference); and the reports from any appointed child welfare experts. There is no automatic presumption in favor of either the mother or the father.

After a cheque bounces due to "insufficient funds", you must send a legal demand notice to the drawer within 30 days of receiving the cheque return memo from the bank. The drawer then has 15 days to make the payment. If they fail, you can file a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881, in the appropriate magistrate's court within one month from the expiry of the 15-day notice period.

For property fraud in Uttar Pradesh, you can take both civil and criminal action. You can file a First Information Report (FIR) with the police under sections of the Indian Penal Code for cheating (420), forgery (467, 468), and criminal conspiracy (120B). Simultaneously, you can file a civil suit for cancellation of the fraudulent sale deed, declaration of your title, and a permanent injunction to prevent the fraudster from creating further rights on the property.

A Non-Resident Indian (NRI) can file a case in an Indian court by executing a Power of Attorney (PoA) in favor of a trusted person in India. This PoA must be signed and notarized/apostilled in the NRI's country of residence and then stamped in India. The PoA holder can then engage a lawyer, sign legal documents, and attend court proceedings on the NRI's behalf, making the process manageable from abroad.