Can You Guide Me Through the Labyrinth of Contested Divorce Proceedings in Mohali District Court?

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1. I have been married for 15 years and we have two children aged 13 and 10. My husband has been abusive, both physically and mentally, for the past five years. I have medical records and witnesses to prove this. I want to file for a contested divorce in Mohali District Court. What are the steps I need to follow?

2. Given the circumstances, I am concerned about my children’s custody. What is the usual protocol for child custody in contested divorce cases? Can I fight for sole custody due to the abusive nature of my husband?

3. My husband owns a successful business and I have been a homemaker throughout our marriage. Am I entitled to any financial support or a share in his business assets during the divorce proceedings?

4. I have evidence of my husband’s infidelity. Will this affect the divorce proceedings in any way? Can it be used in my favor during the proceedings?

5. How long do contested divorce cases typically take in Mohali District Court? Is there any way to expedite the process?

6. Lastly, what are my rights during this process and how can I ensure they are not violated?

One thought on “Can You Guide Me Through the Labyrinth of Contested Divorce Proceedings in Mohali District Court?”

  1. 1. To initiate a contested divorce, you need to file a petition under Section 13 of the Hindu Marriage Act, 1955, if you are a Hindu. The petition should be filed in the family court of Mohali District Court. The grounds for divorce should be clearly stated, in your case, it can be cruelty (both mental and physical). You need to attach the medical records and any other evidence you have to substantiate your claim. After the petition is filed, a notice will be sent to your husband, after which he will be required to file his response.

    2. In contested divorce cases, child custody is decided keeping in mind the best interests of the child. As a mother, you have an equal right to the custody of your children. If you can prove that your husband has been abusive and it’s not in the best interest of the children to stay with him, you can fight for sole custody.

    3. As a wife and homemaker, you are entitled to claim maintenance under Section 24 of the Hindu Marriage Act during the pendency of the divorce proceedings. Also, you can claim a share in his business assets under Section 27 of the Hindu Marriage Act, if it can be proved that you have contributed to its growth and development in any manner.

    4. Infidelity can be a ground for divorce under the Hindu Marriage Act. If you have substantial evidence of your husband’s infidelity, it can certainly be used in your favor during the proceedings.

    5. The duration of contested divorce cases varies depending on the complexity of the case and the court’s schedule. It can take anywhere between 2 to 5 years or more. The process can be expedited by opting for mediation or out-of-court settlement, but it depends on mutual agreement between both parties.

    6. As a woman and a wife, you have certain rights during this process. You have a right to a fair trial, right to maintenance, right to child custody, and right to a share in the property, among others. To ensure these rights are not violated, it’s crucial to have a competent divorce lawyer who can represent you effectively in court.

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