WHAT IS PROCESS OF CONTESTED DIVORCE IN INDIA?

In India, a spouse who wants to end the marriage applies for a contested divorce against a spouse who doesn't want to. It implies that neither side has given their consent to the breakup. It is also known as a one-sided divorce. It can also happen when one spouse has good reason to separate from the other and is completely eager to do so.

The husband and wife must hire a divorce lawyer in India to protect their interests separately.

Factors for Contested Divorce in India

According to Section 13 of the Hindu Marriage Act of 1955, contested divorces may be sought on a number of grounds, including:

Adultery occurs when a partner has an extramarital and inappropriate affair and continues to have a covert relationship after the marriage has ended.
Cruelty: When one spouse humiliates, irritates, or otherwise disturbs the other, it is the source of all marital arguments.
Desertion: This term describes when one spouse is purposefully left behind by the other with the intention of returning.
Conversion: When a spouse coerces someone to convert to a different religion,
Mental Disorder: This is when the partner suffers from any type of mental condition.

Contested Divorce: Competent Jurisdiction

According to its jurisdiction, the Family Court may be involved in contested divorce cases in the following ways: They are-

The place of the marriage
The parties' prior combined address
The respondent's location (opposite party)
The address of the wife's home at the time the petition was filed if she is starting a contested divorce

Contested Divorce Filing Process in India

Advice from a Lawyer: It is significant in your case since it has an impact on how you move forward. A preliminary evaluation is necessary before choosing a lawyer. You can do it by asking a lawyer or family law expert for help, or you can do it in person by physically attending court sessions, evaluating the divorce lawyers involved, and conversing with them about the case.
Submitting a Divorce Petition: Experienced divorce lawyers in various places can expertly design and submit a difficult divorce petition to the family court. Once the petition has been submitted to the court, a summons to appear will be served on the other partner.
Getting the Opposing Party's Response: The opposite party may respond in court after the summons has been served, providing all relevant information with the assistance of an experienced divorce lawyer.
Interim Decision: The judges may submit the entire matter to mediation in an effort to try and resolve the disagreement between the parties amicably before receiving a divorce. It is led by a disinterested lawyer who can assist both parties in understanding and resolving the issue.
Collecting of Evidence: If mediation is unsuccessful, the evidentiary procedure is initiated, and both parties are required to produce their supporting documentation. After the petitioner, the opposition is cross-examined and questioned.
Contesting Stage: Both parties are requested to stand for such a closing argument after the stage of filing the evidence. The court then formally dissolves the marriage in light of the evidence.
Final Decree: Upon the issuance of the final verdict, the court grants the divorce and dissolves the marriage.

When the court grants the divorce judgment, the married couple must sign the divorce petition to complete the process. The legal procedure to end the couple's marriage is now at its conclusion. However, if any party disagrees with the order, they may file an appeal with the Supreme Court within three months of the order's date.

Even though this is a divorce proceeding, other motions, including those for maintenance, alimony, child custody, and property partition, still need to be resolved in contested divorces.

You would require a lawyer to draft and serve the divorce petitions, summon the opposition party, and produce evidence against them in a difficult divorce. If the divorce case is filed in Kolkata, a Divorce lawyer in Kolkata may be hired, and if the divorce case is filed in Pune, a Divorce lawyer in Pune may be hired. Similarly, Divorce lawyers in Delhi can be engaged if you want to file divorce proceedings in Delhi.

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