Contested Divorce would be filed when one of the parties to the marriage wishes to dissolve the marriage, while the other is not is favour of ending the marriage.Call Now For More Information:-+91-88770-01993
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Contested Divorce, commonly referred to as One-Sided Divorce, would be filed when one of the parties to the marriage wishes to dissolve the marriage, while the other is not is favour of ending the marriage. When the spouses do not mutually agree to end their marriage and either of the partners has strong grounds for separation and wishes to file for divorce, he or she will file for divorce on such grounds as provided under the provisions of law.
In a contested divorce, each party would appoint separate lawyer to represent themselves while contesting with the other.
Grounds for filing a Contested Divorce
According to section 13 of the Hindu Marriage Act, 1955, numerous grounds have been provided by the legislature based on which one may file for a contested divorce in India. These are-
- Adultery- When one of the partners is engaged in sexual relationship outside the marriage.
- Cruelty- When one of the partners to the marriage causes physical or emotional harm, annoyance or disturbance to the other partner, causing issues in the marriage.
- Desertion- When one of the partners has knowingly or willingly abandoned the other partner without offering any justifiable reason or any intention to return.
- Conversion- When either of the spouses has converted to another religion.
- Mental disorder- In case either of the spouses has been suffering from some mental disability making him or her unable to perform marital duties.
Sharks of Law offers you a team of lawyers which has been successfully handling cases related divorce, maintenance, child custody, etc. and could offer you legal counsel as required.
Process to file a Contested Divorce in India
When applying for a contested divorce, following steps must be followed-
- Filing the Petition for Divorce:- A well-drafted petition for contested divorce is required to be submitted by an experienced advocate to the respective Family Court. After filing the petition, summons would be issued to the other party as well.
- Reply from the Other Party:- After receiving the summons, the other party would have to submit a reply in the Court explaining their side of story. In case you have received summons from the Court and seek legal counsel as to how to proceed from there, you may contact us at Sharks of Law.
- Mediation:- After going through both sides of stories, the Court may order the try settle their issues through mediation, before continuing with the divorce proceedings.
- Evidence:- In case the parties are unable to sort their issues through mediation, the divorce proceedings would continue, with court demanding evidences to prove the allegations brought before it. The stage of examination and cross-examination would follow through first with petitioner then with the other party. After final arguments from both sides, on the basis of the proceedings, the Court would finalise the divorce
- Divorce Decree:- Final judgement shall be passed and a decree for divorce would be issued by the Court. Afterwards, the parties would be required to sign the divorce papers, hence ending the proceedings.
- Appeal:- In case either of the parties is dissatisfied with the order passed by the Court, they can file an appeal in the higher court within a period of 3 months from the date the order was passed.
In conclusion, it must be noticed that in the case of contested divorce, other issues including those of maintenance, child custody, alimony, separation of the property will be decided by the Court, for obvious reasons. However, in a divorce by mutual consent, these issues would be decided amongst the parties themselves without involving a third party.
Sharks of Law offers a team of lawyers known for their successful case results and client satisfaction, are able to offer you prompt, effective solutions, which shall help minimise any unnecessary delay. As our team offers attentive and individualised attention to each case, you may rest assure that your case would be dealt with utmost sincerity.
Email:-helpdesk@sharksoflaw.com
Help Desk:-+91-88770-01993
Adv Vipul Singh Raghuwanshi
Legal expert and contributor at Sharks of Law. Committed to providing clear and accessible legal guidance to everyone.
