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Mumbai, Maharashtra, 400076

Business hours

Dhanak and Associates ( divorce Lawyer and Advocate)

Monday
9:30am-9pm
Tuesday
9:30am-9pm
Wednesday
9:30am-9pm
Thursday
9:30am-9:30pm
Friday
9:30am-9pm
Saturday
9:30am-9pm
Sunday
Not provided

You can anytime during the day with your query.

9372087460
Dhanak and Associates ( divorce Lawyer and Advocate)

Latest Posts & Updates

Fresh stories, announcements and offers about Divorce Lawyer, Lawyer, Legal services, straight from our business.

a False case filed against you ? Here Are Your Remedies Under Indian Law

By: Dhanak and Associates Being served with a legal notice or summoned to court for a case you know is completely fabricated is an overwhelming and distressing experience. At Dhanak and Associates, we frequently encounter clients who are targeted by malicious litigation—whether it is a false FIR, a fabricated civil suit, or a trumped-up matrimonial dispute. Remedies Against False Cases 1. Quashing of FIR (Section 482 of the CrPC/Section 528 of the BNSS): If a false FIR has been registered against you, you can approach the High Court under Section 482 of the Code of Criminal Procedure 2. Anticipatory Bail (Section 438 of the CrPC/Section 482 of the BNSS): If you fear arrest due to a false criminal complaint, you can apply for anticipatory bail. 3. Defamation Suit: If the false case has tarnished your reputation, you have the right to file a civil suit for damages for defamation. You can claim compensation for the mental agony, loss of reputation. Section 211 of the IPC (False charge of offence made with intent to injure): This is the primary section used to penalize individuals who institute criminal proceedings knowing there is no just or lawful ground. If the false charge carries a punishment of death or life imprisonment the accuser can be punished imprisonment of up to 7 years. Section 182 of the IPC (False information Section 191/193 of the IPC Section 35 of the BNS

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Mutual Divorce in India: A Complete Guide

Before filing for mutual divorce, couples must satisfy certain conditions. There should be no coercion, fraud, or undue influence compelling either spouse to agree. Under the Hindu Marriage Act, the couple must have been living separately for at least one year before filing the petition. "Living separately" does not necessarily mean living in different cities or houses — it means they have not been living as husband and wife. The separation can be under the same roof, provided they have ceased to cohabit as a married couple. Additionally, they should have settled all ancillary matters, including alimony, maintenance, child custody, and division of property, before or during the proceedings Filing the Joint Petition (First Motion):Both spouses jointly file a divorce petition before the Family Court having jurisdiction — typically the court in whose jurisdiction they last resided together, where the marriage was solemnized. The Cooling-Off Period: After the first motion is recorded, the court traditionally imposes a cooling-off period of six months. Second Motion and Final Hearing: After the cooling-off period expires, both parties appear before the court to confirm that they still wish to proceed with the divorce. The Cooling-Off Period be waived? In SSC *Amardeep Singh v. Harveen Kaur* (2017). the six-month cooling-off period under Section 13B(2) of the Hindu Marriage Act is is not mandatory and can be waived by discretion .

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### **Navigating False Dowry and Domestic Violence Allegations: A Summary**

Being wrongly accused of dowry harassment and domestic violence under Section 498A of the Indian Penal Code (IPC) is a deeply distressing experience for men and their families, leading to significant emotional, social, and financial turmoil. This summary outlines the key strategies and legal safeguards discussed for husbands facing such false allegations. #### **Immediate Steps to Take** If you are confronted with false accusations, it is critical to act quickly and strategically. The first and most important steps are: 1. **Stay Calm and Cease Contact:** Avoid all communication with your wife or her family to prevent your words or actions from being misinterpreted. All communication should be routed through legal counsel. 2. **Hire an Experienced Lawyer:** Immediately engage a lawyer specializing in matrimonial and criminal law. Expert legal guidance is essential for navigating the complexities of the legal system and building a strong defense. 3. **Apply for Anticipatory Bail:** Since Section 498A is a non-bailable offense, the police can arrest you and your named family members without a warrant. Applying for anticipatory bail under Section 438 of the Code of Criminal Procedure (CrPC) is a crucial step to prevent immediate arrest.

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Are you a husband falsely accused in a dowry case under Section 498A IPC or the Domestic Violence…

Are you a husband falsely accused in a dowry case under Section 498A IPC or the Domestic Violence Act? Dhanak and Associates, Advocates & Counsellors at Hiranandani Gardens, Powai, offers expert legal defence and guidance? False Dowry Cases Against Husbands and Misuse of the Domestic Violence Act: A Legal Perspective The legislative intent behind Section 498A of the Indian Penal Code, 1860 (now Section 85/86 of the Bharatiya Nyaya Sanhita, 2023) and the Protection of Women from Domestic Violence Act, 2005 ("DV Act") was to safeguard married women from cruelty and domestic abuse. However, over the years, Indian courts, including the Hon'ble Supreme Court of India, have repeatedly observed that these provisions are susceptible to misuse as instruments of personal vendetta, harassment, and extortion against husbands and their families. we provide comprehensive legal counsel and representation to individuals falsely implicated ##Legal Remedies Available to the Falsely implicated Accused## Individuals wrongly implicated in false dowry or domestic violence cases have several legal remedies available, including anticipatory bail under Section 438 CrPC (Section 482 BNSS), quashing of FIR under Section 482 CrPC (Section 528 BNSS), filing of a defamation suit or complaint under Section 499/500 IPC (Section 356 BNS), filing a complaint for perjury under Section 340 CrPC, and seeking compensation for malicious prosecution. Thanks and regards, Dhanak And Associates

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Navigating divorce requires not just legal expertise but also empathy and understanding. At **Dha…

Navigating divorce requires not just legal expertise but also empathy and understanding. At **Dhanak and Associates**, we specialize in family law and have helped numerous women across Mumbai assert their rights and secure their futures. Our team understands the unique challenges women face—from societal stigma to financial dependency—and we provide compassionate, result-oriented legal representation. We believe that every woman deserves dignity, security, and justice. Whether you need guidance on filing for divorce, claiming maintenance, securing custody of your children, or protecting yourself from domestic violence, our experienced advocates are here to help. Our approach combines aggressive legal advocacy with sensitive client handling. We maintain strict confidentiality and ensure that our clients are informed and empowered at every stage of the process. The law in India provides strong and comprehensive protections for women in divorce. From maintenance and property rights to child custody and protection from violence, the legal framework ensures that women are not left vulnerable. However, rights are only as powerful as your willingness to assert them. Do not let fear, misinformation, or societal pressure prevent you from seeking the justice you deserve. With the right legal counsel, you can navigate this challenging phase and emerge stronger. **Dhanak and Associates** in Powai is committed to standing by your side through every step of this journey.

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Child Custody Rights

Indian courts follow the principle of "best interest of the child" when deciding custody matters. However, there is a strong legal presumption that children below the age of five should remain with the mother. Under the Hindu Minority and Guardianship Act, 1956, while the father is considered the natural guardian, the mother's right to custody—especially of young children—is well-established. Courts consider factors such as the emotional bond between parent and child, financial stability, the child's preference (if the child is old enough), and the overall environment each parent can provide. Women should know that being a homemaker or having limited income does not disqualify them from custody. The father can be directed to provide financial support for the child's upbringing. ## Protection Against Domestic Violence The Protection of Women from Domestic Violence Act, 2005, is a powerful legislation that provides comprehensive protection. It covers physical, emotional, verbal, sexual, and economic abuse. Under this Act, a woman can obtain protection orders, residence orders, monetary relief, custody orders, and compensation—all from a single court. This law recognizes that violence is not limited to physical assault. Controlling behavior, economic deprivation, threats, and intimidation all constitute domestic violence. Women can approach the Magistrate directly, and the process is designed to be swift and accessible.

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