A contested divorce is the kind of divorce where the proceedings for divorce could be initiated by either of the parties to the marriage. The grounds provided for the contested divorce in the following Acts are almost common and a petition could be filed for divorce based on these-
· The Hindu Marriage Act, 1955
· The Dissolution of Muslim Marriage Act, 1939
· The Indian Divorce Act, 1869
· Parsi Marriage and Divorce Act, 1936
· The Special Marriage Act, 1954
The grounds provided to initiate the divorce procedure in India are mainly- Adultery, Cruelty, Desertion, Conversion, Grave mental Disorder, Communicable venereal diseases, Other grounds such as the impotence of the spouse, imprisonment, failure to provide maintenance, etc.
Kinds of Divorce-
· The parties to the marriage, if case are not comfortable in continuing their relationship and wish to separate or end the relationship altogether, they can opt for Divorce Lawyers in Mumbai. The divorce in such a situation could be consensual or could be non-agreeable to any one of the parties.
· In a situation, where both husband and wife agree to end their relationship, a joint petition for divorce could be filed by them; in this case the divorce so applied by the parties is called mutual consent divorce.
· In case any one of the parties wishing to separate from the other party without the agreement of the other party, for reasons mentioned above as provided under the law, such as cruelty or adultery of the partner etc. , the aggrieved party could file a petition for divorce on the ground provided by the law, making the other party defendant in the case. In this case, the divorce is referred to as a contested divorce.
Different stages of a contested divorce-
While applying for a contested divorce, stages mentioned-below are required to be followed-
· Appointment of the attorney-
One of the most important steps before applying for a divorce is to appoint an appropriate Divorce Lawyer in Gurgaon or your city. Appointing the correct advocate would decide the course of action on your case. After going through the facts of your case, the lawyer could decide the grounds on which the divorce petition could be filed.
· Either of the parties could file for divorce-
After you have appointed the advocate, all information and the documents related to your case are to be duly provided to the divorce lawyer in Mumbai or the lawyer appointed in your city. Based on the documents and the facts of your case, the advocate would draft a divorce petition and will file it in the appropriate court. The primary jurisdiction in these matters lies with the family court. After the petition is filed, a notice would be served to your spouse through the court.
· Appearance before the Court and reconciliation-
After the notices are served the parties appear before the court on the provided date. In case the court believes that there is a chance for reconciliation amongst the parties, the matter shall be forwarded to the Legal Services Authority where conciliators would try to sort the issues between the couple if possible. If the parties reach an agreement, the petition is withdrawn from the court; otherwise, the following stages are followed.
· Reply from the respondent-
At this stage, the respondent would file his/her reply to the petition filed by his/her partner for divorce
In case the defendant is not in favour of the divorce, the defendant would deny the allegations made against him/her. In case the allegations are not denied specifically, it would be deemed by the court that the defendant is agreeing to the allegations made in the plaint.
· Settlement-
After assessing the documents and the facts of the case presented before it, the court settles for the points of consideration which would be decided under Order XIV of the CPC. These points are the unresolved conflict of the parties which have resulted in the petition for the divorce. At this stage, the Court might refer for a third party negotiation.
· Trial-
The date for hearing and the examination of the witnesses is determined by the court. Before this, summons shall be served to the witnesses to attend the proceedings in the court on a particular date. Cross- examination as well as final hearing are done at this stage.
· Order/ decree-
After the matter is concluded, based on the arguments from both parties as well as the evidence provided to them, the Court pronounces its order or issues the decree granting or denying the divorce.
· Appeal-
The decree so provided by the court could be challenged on appeal to the High Court having jurisdiction over the particular Family Court. A further appeal can also be filed with the Hon’ble Supreme Court of India. Section 28 of the Hindu Marriage Act, 1955 or Section 39 of the Special Marriage Act, 1954 provide for the right to appeal in the Higher courts for the decree of divorce.
Conclusion
In conclusion, it could be inferred, that the contested divorce proceedings may take a longer period of time, it is advised to the parties to file for divorce through a joint petition, i.e. Divorce by mutual consent. In the case of a contested divorce, the most important factor is an experienced Divorce Lawyer in Kolkata or in your own city, who if experienced, could ensure that your interests are taken care of during the court proceedings.
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