"Frequently Asked Questions (FAQs) – Divorce, Family, Criminal & Property Law in Mumbai"

Divorce

Advocate Khevana Dagli is widely regarded as one of the best divorce lawyers in Mumbai, known for her strong courtroom strategy in contested matters and her practical, client-friendly approach in mutual divorces.

A mutual consent divorce in Mumbai typically takes between 6 to 8 months. However, under special circumstances and proper legal drafting, it can be expedited within 1 to 2 months with a waiver of the cooling-off period.

 

A divorce decree is usually final, but it can be challenged in the High Court within 90 days through an appeal. If both spouses reconcile before the decree is final, the petition may also be withdrawn.

Common grounds include cruelty, desertion, adultery, mental illness, and irretrievable breakdown of marriage. Advocate Khevana Dagli helps clients identify the strongest, legally sound ground to build a watertight case.

 

Yes, a husband can file a contested divorce even if the wife is unwilling. A contested divorce is filed based on valid legal grounds under the Hindu Marriage Act, Parsi Marriage Act, or other applicable laws.

If your spouse does not agree to mutual divorce, then you cannot proceed with mutual consent divorce. In that case, the only option is to file a contested divorce based on valid legal grounds.

Domestic Violence

You can file a complaint at your local police station, Protection Officer, or directly before the Magistrate under the Domestic Violence Act. Advocate Khevana Dagli assists clients in drafting detailed DV complaints, interim relief, residence, and protection orders.

Yes, men can legally contest false domestic violence allegations with evidence and strategic legal representation. Advocate Khevana Dagli is known for protecting both male and female clients facing complex family and criminal issues.

Yes, a DV complaint can be withdrawn if both parties reconcile or if the complainant no longer wishes to pursue it. The withdrawal must be recorded before the Magistrate, and the court may pass consent orders.

Under the DV Act, a victim can seek protection orders, residence rights, monetary relief (maintenance), custody of children, and compensation for mental or physical harm. Courts in Mumbai grant such reliefs based on the facts of each case.

Under the DV Act, a victim can seek protection orders, residence rights, monetary relief (maintenance), custody of children, and compensation for mental or physical harm. Courts in Mumbai grant such reliefs based on the facts of each case.

The timeline depends on the relief sought. Interim protection or residence orders can be granted within weeks, but a full domestic violence trial may take 1–2 years. With proper legal drafting and timely follow-up, cases can move faster in the Family Court or Magistrate’s Court.

Maintenance & Child Custody

There is no fixed amount — it depends on the husband’s income, wife’s earning capacity, and lifestyle during the marriage. Income affidavits and documented proof play a crucial role in determining fair maintenance.

The court usually grants custody to the parent who can ensure the child’s best interest, safety, and upbringing. Mothers often get custody of young children, but fathers can also get custody or shared parenting rights depending on the facts.

Generally, child maintenance is payable until the child becomes a major (18 years). In cases of higher education or disability, courts may direct the father to continue support beyond 18, depending on the facts.

If your wife is financially independent and earning well, you can request the court to reduce or reject her maintenance claim. Each case depends on documentary evidence and how it’s presented legally.

Yes. Under Indian law, even a husband can claim maintenance if he is unable to maintain himself due to genuine reasons such as unemployment, disability, or health issues, and if the wife is financially stronger. Courts decide based on income proof and circumstances of both parties.

Yes. Custody orders are not permanent and can be modified if circumstances change — for example, if the custodial parent is unable to care for the child, or if the child’s best interests demand a change. Courts regularly review such applications.

Bail & Criminal Matters

Advocate Khevana Dagli has successfully handled numerous bail matters arising out of matrimonial disputes, including false dowry and DV allegations. Her timely intervention has helped many clients secure anticipatory and regular bail.

Yes, courts grant anticipatory bail in cases where the complaint appears exaggerated or false. Proper legal drafting, facts, and urgency of the situation are key factors. Early legal consultation is highly recommended.

If you’ve been falsely implicated, it’s important to consult a criminal defence lawyer immediately. Advocate Khevana Dagli can help with anticipatory bail, FIR quashing in the High Court, and preparing your legal defence with proper documentation and evidence.

If you fear arrest, anticipatory bail can be filed in the Sessions Court or High Court. The process involves drafting a detailed bail application supported by facts, documents, and legal arguments. Adv. Khevana Dagli provides urgent bail assistance with court filings and representation.

Yes, under Section 482 of the Criminal Procedure Code, you can approach the High Court to quash an FIR if it’s based on false, frivolous, or malicious allegations — especially in matrimonial or property-related cases.

Certain criminal matters (like cheque bounce or domestic disputes) are compoundable — which means they can be settled with mutual consent and court permission. Khevana facilitates amicable settlements wherever legally possible.

NRI Matrimonial Issues

Yes, both NRIs and foreign citizens of Indian origin can file or contest divorce in India if the marriage was registered here or if one party resides in India. Adv. Khevana Dagli regularly represents NRI clients in family courts across India.

This may amount to illegal child removal or parental abduction. You can approach the family court for custody and also seek LOC (Look Out Circular) and passport impounding. Strategic legal steps are essential in such cross-border issues.

This may amount to illegal child removal or parental abduction. You can approach the family court for custody and also seek LOC (Look Out Circular) and passport impounding. Strategic legal steps are essential in such cross-border issues.

Yes, if both spouses are Indian citizens or of Indian origin, Indian family courts can accept jurisdiction. Proper proof of marriage registration and residence is required.

Legal notices to spouses abroad are sent via email, registered international post, or through diplomatic channels under the Hague Convention. Advocate Khevana Dagli ensures notices are legally compliant and valid in court.

Yes, Indian court orders remain binding. For enforcement abroad, execution depends on treaties between India and that country. Advocate Khevana Dagli guides clients on international enforceability.

Property & RERA Disputes

If your builder has delayed possession beyond the promised timeline, you can file a complaint under RERA (Real Estate Regulation and Development Act) for compensation or refund with interest. Advocate Khevana Dagli helps flat buyers draft and file strong RERA complaints and appear before the authority for speedy redressal.

To claim your legal share in ancestral property, you may need a legal heirship certificate or succession certificate, depending on the case. If family members are unwilling to cooperate, a partition suit can be filed. Khevana handles such civil cases with a focus on both rightful inheritance and dispute resolution.

A legal heirship certificate establishes the rightful heirs of a deceased person and is often required for transferring property, bank accounts, or insurance. It is obtained from the local Taluka office or court. Khevana assists clients with filing and follow-up for swift issuance.

Yes. You can file a civil suit and seek a temporary injunction to restrain the sale or transfer of the disputed property. Courts in Mumbai grant such relief if there’s a risk of irreparable damage or fraudulent sale.

Yes. Registration under RERA is mandatory for most projects. You can file a complaint with the RERA authority for penalties, compensation, or refund if the builder has violated the Act.

Timelines vary depending on the complexity. RERA matters are usually resolved within a few months, while civil property disputes may take longer. Proper legal strategy can help speed up the process.

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