A contested divorce is the type of divorce where proceedings for divorce can be initiated by either of the parties to the marriage against their spouse. The grounds for the contested divorce in the following Acts passed by the legislature in India are almost common and a petition could be filed for divorce based on these-
The Hindu Marriage Act, 1955
The Indian Divorce Act, 1869
The Dissolution of Muslim Marriage Act, 1939
The Special Marriage Act, 1954
Parsi Marriage and Divorce Act, 1936
The grounds as provided by the law so as to initiate the divorce procedure in India are mainly- Adultery, Cruelty, Desertion, Conversion, Grave mental Disorder, any Communicable venereal diseases to either of the spouse, some other grounds such as the impotence of the spouse, imprisonment, failure to provide maintenance, etc.
Kinds of Divorce-
Parties to the marriage, if case are uncomfortable in continuing their relationship and wish to separate or end the marriage altogether, they can opt for divorce. The divorce in these situations would be consensual or could be non-agreeable to any one of the parties.
When both the husband and wife agree to end their relationship, a joint petition for divorce could be filed by them, here the divorce so applied by the parties will be called mutual consent divorce.
When any one of the parties to the marriage wish to separate from the other party without the agreement of the other party, on the basis of reasons mentioned above as provided under the law, for example cruelty or adultery caused by the partner etc. , the aggrieved party can file a petition for divorce on the ground provided by the law, making the other party defendant in the case. Here, the divorce in this case is called a contested divorce.
Different stages of a contested divorce-
When applying for a contested divorce, stages mentioned-below are required to be followed-
Appointment of the attorney-
One of the most important steps when applying for a divorce is the appointment of an appropriate Divorce Lawyers In Delhi or your city. Appointing the correct advocate will decide the course of action of your case. When going through the facts of your case, your lawyer would decide the grounds based on which the divorce petition could be filed.
Either of the parties to the marriage could file for divorce-
When you have appointed the advocate, all the required information and the documents related to your case should be duly provided to the Divorce Lawyers in Mumbai or the lawyer appointed in your city. On the basis of these documents and the facts of your case, your advocate will draft a divorce petition and file it in the appropriate court. The primary jurisdiction in the divorce matters lie with the family court. After the petition has been filed, a notice would be served to your spouse through the court.
Appearance before the Court and reconciliation-
After the notices for the divorce have been served, the parties appear before the court on the provided date. When the court believes that a chance for reconciliation amongst the parties is there, the matter would be forwarded to the Legal Services Authority where conciliators will try to sort the issues between the couple if possible. In a situation, where the parties agree to settle the issue, then the petition shall be withdrawn from the court, if not then the following steps for divorce shall be followed.
Reply from the respondent-
During this stage, the respondent will file his/her reply to the petition filed by his/her partner for divorce
In a situation, where the defendant is not in favour of the divorce, the defendant has to deny the allegations made against him/her. When the allegations are not denied specifically, it shall be deemed by the court that the defendant is agreeing to the allegations made in the plaint.
Settlement-
After assessing all the documents and the facts of the case as have been presented before it, the court will settle for the points of consideration which shall be decided under Order XIV of the CPC. These points of contention are the unresolved conflict of the parties having resulted in the petition for the divorce. At this stage, the Court might also refer for a third party negotiation.
Trial-
The date for hearing as well as the examination of the witnesses will be determined by the court. Prior to this, summons shall be served to the witnesses to attend the proceedings in the court on a particular date. Cross- examination of the witnesses as well as final hearing are concluded at this stage.
Order/ decree-
After the whole procedure is concluded based on the arguments from both parties as well as the evidence provided to them, the Court would pronounce its order or issue the decree granting or denying the divorce.
Appeal-
The decision so made by the court could be challenged on appeal to the High Court having jurisdiction over the particular Family Court where the divorce hearing was concluded initially. A further appeal could also be filed to the Hon’ble Supreme Court of India after the unsatisfactory decision of the High Court. Section 28 of the Hindu Marriage Act, 1955 or Section 39 of the Special Marriage Act, 1954 shall provide for the right to appeal in the Higher courts for the decree of divorce.
Conclusion
In conclusion, it can be inferred, that the proceedings for contested divorce may take a longer period of time, it is, hence, advised to the parties to file for divorce through a joint petition, i.e. Divorce by mutual consent. In a contested divorce, the most important factor will be the Divorce Lawyers in Kolkata or in your own city, who when experienced, can ensure that your interests are taken care of during the court proceedings.
Lead India offers you a team of experienced lawyers, who have successfully dealt with the matters involving family laws as well as issues including divorce petitions, dowry demands, domestic violence cases for child custody, maintenance, etc. thus in case you seek free legal advice or need to ask a question to a lawyer, you may contact us.
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