Legal Rights and Responsibilities During Divorce in Mohali
Divorce is one of the most emotionally and legally challenging phases of life. People going through a separation often feel overwhelmed by the legal processes, documentation, and responsibilities placed on both spouses. In Mohali, divorce matters are governed by Indian family laws, which clearly lay out the Legal Rights and Responsibilities of spouses before, during, and after the divorce proceedings. Understanding these rights is essential to protect one’s interests and ensure a fair outcome.
This comprehensive guide explains the Legal Rights and Responsibilities during Divorce in Mohali, supported by relevant Acts, Sections, and procedures followed in Indian courts. Whether you are filing for divorce or responding to a petition, this article will help you understand your legal position with clarity.
1. Overview of Divorce Proceedings in Mohali
Divorce cases in Mohali are adjudicated under the jurisdiction of the Family Courts, functioning under the Family Courts Act, 1984. The applicable divorce laws depend on the personal laws governing each individual:
Relevant Marriage Laws in India
-
Hindu Marriage Act, 1955 (HMA) — For Hindus, Sikhs, Buddhists, and Jains
-
Special Marriage Act, 1954 (SMA) — For inter-faith and civil marriages
-
Indian Divorce Act, 1869 — For Christians
-
Muslim Personal Law (Shariat) & Dissolution of Muslim Marriage Act, 1939 — For Muslims
-
Parsi Marriage and Divorce Act, 1936 — For Parsis
Each law defines the grounds for divorce, conjugal rights, maintenance, custody, property rights, and an individual’s legal responsibilities.
2. Legal Rights and Responsibilities During Divorce: A Complete Breakdown
Below is an in-depth overview of all crucial rights and obligations individuals must know when navigating a divorce in Mohali.
3. Right to File for Divorce
Every spouse has the right to file for divorce under the grounds specified in their personal law.
Grounds Under Section 13, Hindu Marriage Act, 1955
-
Cruelty
-
Desertion for 2 years
-
Adultery
-
Conversion
-
Mental disorder
-
Communicable venereal disease
-
Renunciation of the world
-
Presumption of death
Mutual Consent Divorce — Section 13B, HMA
Both spouses can jointly file for divorce if:
-
They have lived separately for at least one year, and
-
They mutually agree that the marriage has broken down irretrievably.
Under the Special Marriage Act, 1954, the provisions are similar (Section 28 for mutual consent divorce).
Responsibility
Both spouses must ensure:
-
All facts stated in the petition are true.
-
No concealment of material information.
-
All documents filed are authentic.
4. Right to Maintenance (Alimony)
Maintenance is one of the most significant aspects of divorce. Both spouses have Legal Rights and Responsibilities regarding financial support.
Types of Maintenance
-
Interim Maintenance (Temporary)
-
Section 24, Hindu Marriage Act
-
Section 36, Special Marriage Act
-
-
Permanent Alimony (Final)
-
Section 25, Hindu Marriage Act
-
Section 37, Special Marriage Act
-
-
Maintenance Under Criminal Law
-
Section 125, CrPC (irrespective of religion)
-
Eligibility
A spouse who lacks sufficient income to maintain themselves may claim maintenance. Courts consider:
-
Income of both spouses
-
Living standard during marriage
-
Age and health
-
Responsibilities such as childcare
-
Conduct of both spouses
Responsibilities
-
The financially stronger spouse may be ordered to pay maintenance.
-
The spouse receiving maintenance must use it for legitimate expenses only.
-
Concealment of income can lead to penalties.
5. Rights Related to Child Custody
Child custody matters are governed by:
-
Guardian and Wards Act, 1890
-
Hindu Minority and Guardianship Act, 1956
Child Custody is Based on the “Welfare of the Child”
Courts examine:
-
Child’s emotional needs
-
Financial stability of both parents
-
Educational continuity
-
Safety and comfort
Types of Custody
-
Physical Custody
-
Joint Custody
-
Legal Custody
-
Visitation Rights
Rights
-
Both parents have equal rights to seek custody.
-
Parents have the right to visitation unless restricted by court for valid reasons.
Responsibilities
-
Ensuring the child’s holistic development.
-
Not influencing the child against the other parent.
-
Respecting custody schedules.
6. Right to Residence (Matrimonial Home Rights)
The right to reside in the shared household is protected under:
-
Protection of Women from Domestic Violence Act, 2005 (Section 17 & 19)
This ensures that a spouse cannot be forcibly evicted from the shared household during ongoing matrimonial disputes.
Responsibilities
-
A spouse should not illegally occupy or damage property.
-
Both spouses must respect the court’s directions regarding residence.
7. Rights Concerning Stridhan and Personal Property
Stridhan belongs exclusively to the wife and includes:
-
Jewellery
-
Gifts from parents or in-laws
-
Property acquired during the marriage
-
Bank deposits gifted specifically to her
Legal Provisions
-
Supreme Court has held Stridhan cannot be withheld by the husband or in-laws.
-
Section 14, Hindu Succession Act
-
Section 406, IPC (Criminal Breach of Trust)
Responsibilities
-
Stridhan must be returned whenever demanded.
-
Failing to return may lead to criminal proceedings.
8. Right to Protection Against Cruelty
Cruelty can be emotional, physical, financial, or mental.
Legal remedies include:
-
Section 498A, IPC
-
Protection of Women from Domestic Violence Act, 2005
-
Civil and criminal compensation remedies
Responsibility
-
Allegations must be genuine; false complaints may result in legal consequences.
9. Property Rights During Divorce
Property rights during divorce can vary based on income, ownership, and contribution.
Key Points
-
India does not follow community property.
-
Property owned by a spouse remains their exclusive property.
-
Joint property is divided based on contribution and equity.
Under Section 27, Hindu Marriage Act
Court may dispose of jointly owned property during divorce proceedings.
Responsibilities
-
Full disclosure of assets and liabilities is mandatory.
-
Hiding property may lead to contempt of court.
10. Responsibilities During Divorce Proceedings
Every spouse has legal duties during divorce, including:
1. Duty to Appear in Court
Absence without reason can delay proceedings and may lead to adverse orders.
2. Duty to Provide Evidence
Supporting one’s claims with valid documentation:
-
Marriage certificate
-
Income proof
-
Address proof
-
Medical records (if applicable)
-
Proof of cruelty or desertion
3. Duty to Maintain Respectful Conduct
Court proceedings require dignified behaviour.
4. Duty to Follow Court Orders
This includes:
-
Maintenance payments
-
Visitation schedules
-
Residence orders
11. Mediation Rights
Under Section 9 of the Family Courts Act, courts in Mohali must attempt reconciliation and mediation.
Rights
-
Either spouse can request mediation.
-
Mediation is confidential and voluntary.
Responsibilities
-
Participate in good faith to explore settlement.
-
Respect the mediator’s process.
12. Rights During Mutual Consent Divorce
Mutual consent divorce is simpler and faster.
Under Section 13B, HMA
Two motions:
-
First Motion — Filing the joint petition
-
Second Motion — Final hearing after 6 months
Rights
-
Decide maintenance amount mutually
-
Decide custody mutually
-
Protect mutual respect by avoiding blame
Responsibilities**
-
Ensure all terms are fair and transparent.
-
Both spouses must appear for the second motion unless exceptional circumstances allow otherwise.
13. Domestic Violence Protection During Divorce
Protection orders can be sought even during divorce if required.
Types of Protection Orders
-
Protection order (Section 18)
-
Residence order (Section 19)
-
Monetary relief (Section 20)
-
Custody order (Section 21)
Responsibilities
-
Orders must be followed strictly.
-
Violating orders can lead to imprisonment (Section 31, DV Act).
14. The Right to Live with Dignity
The Indian Constitution, under Article 21, guarantees the right to life and dignity during all matrimonial and legal proceedings.
This ensures:
-
No unlawful pressure during the proceedings.
-
Mental health and physical safety are protected.
-
Spouses can seek counselling or legal protection when needed.
15. Responsibilities Towards Children
Parents have ongoing responsibilities regardless of divorce.
Key Responsibilities
-
Supporting the child emotionally and financially
-
Ensuring uninterrupted education
-
Not involving the child in disputes
-
Maintaining the child’s mental well-being
These responsibilities continue until the child’s adulthood.
16. Rights to Legal Representation
Every individual has the right to:
-
Choose their lawyer
-
Seek legal aid if they cannot afford representation (Legal Services Authorities Act, 1987)
-
Receive proper guidance on legal strategy
Responsibilities
-
Provide truthful information to the lawyer
-
Follow legal advice diligently
17. Protection Against Defamation
No spouse is allowed to spread defamatory statements during or after divorce.
Defamation is punishable under:
-
Sections 499–500, IPC
Responsibilities
-
Avoid character assassination
-
Refrain from false social media accusations
18. Timelines and Responsibilities to Speed Up Divorce
Delays often happen due to:
-
Incomplete documents
-
Absence from hearings
-
Non-cooperation
Spouses can hasten proceedings by:
-
Completing documentation early
-
Responding to notices promptly
-
Attending court dates without fail
Understanding the Legal Rights and Responsibilities during Divorce in Mohali is the first step toward ensuring fairness, dignity, and lawful conduct throughout the process. Divorce laws in India are designed to protect both spouses and their children by establishing clear guidelines on maintenance, custody, property rights, personal safety, and procedural responsibilities.
Whether the divorce is mutual or contested, being aware of these rights empowers individuals to make informed decisions. At the same time, fulfilling legal responsibilities ensures smoother proceedings and helps avoid unnecessary complications.
If you are going through a divorce in Mohali, consulting an experienced family lawyer can make a significant difference in securing your rights while ensuring compliance with all legal obligations. The more informed you are, the stronger and more confident you become in navigating the legal pathway ahead.