Although marriages are said to be made in heaven, divorce is a reality that must be handled on Earth. This is where people resort for a contested divorce. However, a contested divorce in India is a complex and lengthy legal process.
In fact, filing for divorce is absolutely not an easy decision. First, it breaks the relationship between two people. Also, as far as India is concerned, it breaks connections between their families.
In general, couples file for divorce when the husband and wife are no longer able to live together in marriage.
Moreover, in a few cases, both spouses agree to end their marriage mutually. This process is also a Mutual Consent Divorce. However, if they do not agree to separate, they file for a Contested Divorce.
Basically, a contested divorce in India might be overwhelming. Therefore, you must reach out to a divorce lawyer bangalore.
Contested Divorce In India: How Does It Work?
Primarily, a contested divorce happens when one spouse wants to end the marriage. Meanwhile, the other spouse disagrees. This means that one spouse has decided to divorce without the other’s consent.
Therefore, in a contested divorce, the husband and wife must hire separate lawyers to protect their interests. After that, the court resolves the case. In addition to that, the process is both lengthy and challenging. This is because both parties present their arguments and try to prove their case.
What Are The Grounds For Contested Divorce In India?
The following are the most suitable grounds for contested divorce in India:
1. Adultery
This is when one spouse has an extramarital affair. Also, the individual is involved in a sexual relationship outside of marriage.
Hence, it shows that one spouse is unfaithful. Thereby, the other spouse might choose to file for divorce based on this ground.
2. Cruelty
This is where one spouse cruelly treats the other. In fact, the treatment might be physical, emotional, or mental abuse.
Also, in most cases, cruelty makes it impossible for the couple to maintain a peaceful and loving relationship.
3. Desertion
Essentially, desertion is when one spouse abandons the other without a valid reason. Meanwhile, they do not intend to return. This shows that it is a serious issue. Hence, it might be a valid ground for divorce.
4. Conversion
Sometimes, one spouse might force the other spouse to change their religion against their will. In India, that is a valid ground for divorce.
In fact, forced conversion to another religion might develop significant emotional and psychological distress in a marriage.
5. Mental Disorder
Unfortunately, a spouse might suffer from a severe mental illness or mental disorder. Hence, it becomes impossible for the couple to live together.
This is also a ground for divorce. In those cases, the other spouse might file for divorce based on the mental incapacity of their partner.
Is There An Appropriate Court For A Contested Divorce In India?
You must file a contested divorce in a Family Court in India. Basically, it has jurisdiction over divorce cases. Also, the following factors determine the authority of the court:
- The place where the marriage took place.
- The last address is where the couple lived together.
- The current address of either spouse.
How To File A Contested Divorce In India?
The following are the major steps you must follow to file a divorce in India:
1. Filing a Divorce Petition
Obviously, the first step in the contested divorce process is to file a Divorce Petition. Hence, you must first reach out to a lawyer.
In this case, the lawyer drafts the petition. Also, they submit the petition to the Family Court. Basically, the petition includes the reasons for seeking divorce. Also, it outlines the grounds for requesting a divorce.
Meanwhile, after you file the petition, the court issues a summons to the other spouse. At this instance, they inform them of the divorce petition. Now, the court will require the other spouse to respond to the petition.
2. Reply by the Opposite Party
Upon receiving the summons, the other spouse (the defendant) may submit a response to the court. The response is a written document in which the opposite party presents their side of the story.
They may either accept or deny the allegations made in the divorce petition. The response will be submitted through their lawyer, who will represent their interests in court.
3. Interim Decision or Mediation
Primarily, the court may suggest or order mediation. This process involves a neutral third party. Basically, this mediator helps both parties reach a mutually agreeable resolution on their issues.
Essentially, the mediator listens to both parties. Then they allow the couple to get a mutually agreeable solution.
4. Evidence Stage
Sometimes, mediation does not resolve the issue. In those cases, the court proceeds to the evidence stage.
Now, both parties have to provide necessary evidence to support their claims. This includes documents, photographs, and witness testimonies.
5. Argument Stage
At this stage, both parties will present and examine the evidence. After that, they will get to make their final arguments in court.
Now, the lawyers for both sides present their cases before the judge. In addition to that, they try to argue in support of their respective clients. Finally, the judge will evaluate the arguments. Then, they will reach a final decision.
6. Final Decree of the Divorce
Now, the court will issue a Final Divorce Decree after hearing arguments from both sides. This ends the marriage between the two spouses.
At this stage, both parties must sign the divorce papers. This marks the completion of the divorce process.
Basically, the Divorce Decree is the official legal document. Actually, this document dissolves the marriage.
However, if either party is unhappy with the final judgment, they will be able to file an appeal in a higher court. Meanwhile, they have to do it within three months of the order date.
Some More Petitions In A Contested Divorce In India
The following are some more petitions for divorce in India:
- Maintenance or Alimony: In this case, one spouse has to provide financial support to the other after the divorce.
- Child Custody: If the couple has a child, the court decides which spouse will have legal custody of the child.
- Property Separation: This process determines the division of the assets and property between the two spouses.
Your Legal Guide: Reach Out To A Lawyer Now
If you want to file a contested divorce in India, reach out to a divorce lawyer near you. This is because the divorce process is complex and overwhelming.
Also, since you are going through a tough decision, legal guidance is necessary. This way, you will be able to bring the best outcomes in your life.
Read Also:
