Search on Google: Seeking Guidance: What Legal Advice Should a Wife Pursue from a Lawyer When Initiating Contested Divorce Proceedings in Chandigarh District Court?
My husband and I have been married for 10 years, but over the last few years, our relationship has deteriorated significantly. Despite attempts at reconciliation, we have been unsuccessful in resolving our differences. We both reside in Chandigarh and have two minor children aged 7 and 5. We also own a property jointly. I am considering initiating contested divorce proceedings in Chandigarh District Court but need some legal advice.
1. What is the procedure for filing a contested divorce in Chandigarh District Court, and how long does it usually take?
2. What are the grounds for divorce that I can cite in my petition?
3. How can I ensure that I retain custody of my children? What factors does the court consider when deciding on child custody?
4. How is the division of property generally handled in contested divorce cases? Will I be entitled to a share of our joint property, and if so, how will it be calculated?
5. Can I claim maintenance from my husband during and after the divorce proceedings? What factors will the court take into account when deciding on maintenance?
6. Are there any specific documents or evidences that I should start gathering now to strengthen my case?
Legal Opinion:
1. Procedure and Time Frame for Contested Divorce: The procedure for filing a contested divorce in Chandigarh District Court begins with the filing of a divorce petition, followed by the issuance of summons to the respondent. If the respondent contests the divorce, the court will proceed with the trial. The process involves the examination of witnesses, presentation of evidence, and arguments by both parties. The court then passes a judgment based on the merits of the case. Given the complexity of contested divorces, it could take anywhere from 2 to 4 years or even longer, depending on the specifics of your case.
2. Grounds for Divorce: Indian law provides several grounds for divorce, including cruelty (physical or mental), desertion, conversion to another religion, mental disorder, leprosy, venereal disease, renunciation of the world, or presumption of death. You may cite any of these grounds that are applicable in your case.
3. Child Custody: The paramount consideration for the court in deciding child custody is the welfare of the child. Factors such as the parent’s financial stability, ability to provide for the child’s education and health needs, emotional bonding with the child, and any history of abuse or neglect are considered. As a mother, you generally have an advantage in gaining custody for young children unless there are compelling reasons not to grant it.
4. Division of Property: In contested divorces, property division is based on the couple’s respective contributions and their individual needs and responsibilities post-divorce. As a joint owner, you are entitled to a share in the property. The exact division would depend on various factors such as your contribution towards its purchase and maintenance, your financial needs, and those of your children.
5. Maintenance: You can claim maintenance from your husband both during the pendency of the divorce proceedings (interim maintenance) and after the divorce (permanent maintenance). The court will consider factors such as your husband’s income, your own earnings and employment potential, the standard of living you were accustomed to during the marriage, and the needs of your children.
6. Gathering Evidence: You should start gathering all relevant documents such as marriage certificate, proof of your husband’s income (if available), evidence supporting the grounds of divorce you are citing (like medical records for cruelty or abuse), and any other documents that may help establish your case.
Please note that this is a general advice. It would be wise to consult with a divorce lawyer in Chandigarh who can provide advice based on the specifics of your situation. Legal proceedings can be complex and time-consuming, and professional guidance can be invaluable.