What Is The Process Of Contested Divorce In India

In India, a party seeking to terminate the marriage files for a contested divorce in opposition to a party who is unwilling to do so. It indicates that neither party has agreed to the separation. Another name for it is one-sided divorce. It also occurs when one spouse is fully willing to end the situation and has legitimate grounds for separation. 

To protect their interests, the husband and wife must each retain their own divorce lawyer in India.

Grounds for Contested Divorce in India

Section 13 of the Hindu Marriage Act of 1955 states that there are a number of grounds for which contested divorces may be brought-

  • Adultery- It is when a spouse engages in an extramarital affair and maintains a secret connection outside of marriage.
  • Cruelty- It is the root of all disagreements in marriages when one partner tortures, irritates or otherwise bothers the other.
  • Desertion- This term refers to one partner's deliberate abandonment by the other without any apparent reason with the aim of returning.
  • Conversion- When a spouse forces a person to change their religion.
  • Mental Disorder- If the spouse has a mental illness of any kind.

Competent Jurisdiction for Contested Divorce

Contested divorce proceedings may be brought before the Family Court in the following ways, depending on the jurisdiction. They are-

  • The location of the wedding 
  • The parties' previous address together
  • Location of the respondent (opposite party)
  • If the wife is initiating a contested divorce, the address of her residence at the time the petition was filed.

Procedure to File a Contested Divorce in India

  • Consultation with a Lawyer- Because it affects how to continue in your case, this is important. A preliminary assessment is required before selecting a lawyer. It can be done by seeking advice from a legal professional or family law specialist, or it can be done by physically attending court proceedings, assessing the divorce lawyers involved, and speaking with them regarding the case.
  • Divorce Petition Filing- A contentious divorce petition can be properly drafted and submitted to the family court by experienced divorce lawyers in different cities. The other partner will be served with an appearance summons once the petition has been filed with the court.
  • Response from the Opposing Party- When the summons has already been served, the other party may reply in court, producing all pertinent details, with the aid of a knowledgeable divorce lawyer.
  • Interim Order- In an attempt to try and address the dispute amicably between the parties before getting a divorce, the judge may refer the entire issue to a mediation process. It is conducted by an unbiased counsel who can help both parties comprehend and resolve the problem.
  • Stage of Evidence- The evidence procedure is started if the mediation fails, and both parties must present their evidence to back up their claims. The opposing party is cross- examined and questioned after the petitioner.
  • Stage of Argument- Following the stage of filing the evidence, both parties are called to stand for the closing argument. The marriage is then formally dissolved by the court based on the evidence.
  • Final Decision- The court issues the final decree of divorce for the marriage to be dissolved after issuing the final judgment.

Once the court authorizes the divorce verdict, the married couple should sign the divorce papers to complete the procedure. It is the final stage in the legal process to dissolve the couple's marriage relationship. Any party may, however, make an appeal to the high court within three months of the order's date if they disagree with it.

Despite the fact that this is a divorce case, other motions like those for maintenance, alimony, custody of children, and property division must be dealt with in contentious divorces.

In a contentious divorce, you would need a lawyer to design and file the divorce petitions, summon the other party, and present evidence against them.

A divorce lawyer in kolkata may be hired if the divorce case is filed in Kolkata, and a divorce lawyer in mumbai may be assigned if the divorce case is filed in Mumbai. Similarly, if you want to file divorce suits in Hyderabad, divorce lawyers in hyderabad can be appointed for the same.

At Lead India, you can talk to a lawyer. You can obtain free legal advice and ask a legal question online free to lawyers at Lead India.

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