There are two ways to get divorce-

1). Mutual divorce i.e. divorce with the consent of the husband and wife under section 13(B) of Hindu Marriage Act. Easiest and fastest way to get the decree of the Divorce.   

Condition applied-both must have been living separately for more than at least one year.

Limitation-cannot be filed before completion of one year of the marriage.

2). Contested Divorce i.e. divorce on merits of the case on the basis of the different grounds mentioned/provided under Hindu Marriage Act, 1955. Total thirteen grounds are there for Divorce.

Protection of Women from Domestic Violence Act 2005-

The Act enacted to protect the rights of women who are residing or had been residing in the shared household. It’s a remedial law, not a punitive law. Only at the violation of the protection Orders under section 18, the court can pass orders for the imprisonment of the accused under section 31 of the P.W.D.V Act 2005.

-Section 12 is the filing Proviso.

– Section 17 Right to reside in shared household.

– Section 18 Different Protection orders can be passed in favour of the aggrieved women.

– Section 19 Court has the power to pass restraining order against the respondents from throwing/ dispossesing a wife from the shared household.

-Can pass restraining order against the respondents from alienating, disposing or creating any third party interest in the shared household.

-Even the Court can direct the officer- in-charge of the nearest police station to give protection to the aggrieved person.

-Section 20 provides monetary relief to aggrieved person/ wife.

-Section 21 temporary custody/ visitation orders of the child can be granted.

-Section 22 Compensation for undergoing emotional & physical torture caused by the acts of the domestic violence by the respondents.

-Section 23 Interim & ex-parte orders can be passed by the Court prior to the stage of evidence.

Criminal Cases-

The most important thing is to get the bail and the second thing is to cross examination. Cross Examination is an art which is learnt through experience and requires presence of mind. The entire defence depends upon the cross examination.

To find out the contradictions in the different statements of the complainant is the main thing. To confront  the complainant at the different points is essential feature of the Cross examination.   

Limitation: Limitation for filing criminal complaint.

As much punishment period is there in a particular offence, the same time period the complainant has for filing the complaint from the date of offence.  Example: In the case of rape where the prescribed punishment is life imprisonment, there is no limitation for filing a criminal complaint under the offence. A women can file a criminal complaint for committing rape even after 10 years from the date of offence.