In India, a party seeking to terminate the marriage files for a contested divorce in opposition to a party unwilling to do so. It indicates that neither party has agreed to the separation. It can be also called a one-sided divorce. This also occurs when one spouse is fully willing to end the situation and has legitimate grounds for separation.
So, in order to protect their respective interests, the husband and wife each hire a different lawyer to compete against the other in the case of a contested divorce.
Grounds for Contested Divorce in Metro Cities
According to Section 13 of the Hindu Marriage Act of 1955, contested divorces may be filed for a variety of reasons, including the ones listed below:
Adultery- When a husband or wife engages in a secret relationship outside of marriage and has an extramarital affair
Cruelty- The basis of the conflict in a relationship is when one spouse tortures, irritates, or disturbs the other.
Desertion- It refers to the intentional abandonment of one partner by the other for no justifiable cause with the intention of returning.
Conversion- If a spouse coerces you into converting to a different religion
Mental disorder- If the spouse has any type of mental disorder
Jurisdiction for Contested Divorce
Depending on the jurisdiction, contested divorce cases can be brought within Family Court as follows:
Place of Marriage
Last address of the parties together
Latest address of the parties
Procedure to File a Contested Divorce in Metro Cities
Consulting with a Lawyer- This is crucial because it determines how to proceed in your case. A preliminary evaluation is necessary before choosing a lawyer. It can be done by asking a person with legal knowledge or a family law expert for a recommendation, or it can be done by actually attending court procedures and evaluating the lawyers contending in divorce cases and consulting with them about the case.
Filing of Divorce Petition- Expert family lawyers in the metro cities can adequately draft and submit a contested divorce petition to the family court. Once the petition is submitted to the court, the other spouse will receive a summons for the appearance.
Reply by the Opposite Party- Once the summons has been delivered, the opposing party may respond in court, providing all relevant information, with the assistance of an experienced divorce lawyer.
Interim Decision- Before filing for divorce, the court may refer the entire case to a mediation process in an effort to try and resolve the disagreement peacefully between the parties. It is carried out by an impartial counselor who can aid both parties in understanding and resolving the issue.
Evidence Stage- If the mediation procedure does not succeed, the evidence proceeding is initiated, and both parties are required to provide their respective evidence to support their arguments. The petitioner is questioned and cross-examined first, followed by the opposing party.
Argument Stage- Both parties are summoned for the closing argument once the evidence has been filed. The court then officially dissolves the marriage on the basis of evidence.
Final Decree- The final judgment is delivered, and the court issues the divorce decree for the dissolution of the marriage.
The husband and wife must sign the divorce papers once the court approves the divorce judgment for the process to end. This is the last step in the legal procedure of ending the marriage union between the two parties. However, if any party disagrees with the order, they have three months from the order's date to submit an appeal to the higher court.
Even though this is a divorce case, other petitions, including maintenance, alimony, child custody, and property separation, must be addressed in the case of a contested divorce.
You will need a lawyer to draft and file divorce petitions, issue summons to the opposite party, and frame arguments against the opposite party in a contested divorce. If the divorce case is filed in Gurgaon, then a Divorce Lawyer In Gurgaon can be appointed, and if the divorce case is filed in Jaipur, then a Divorce Lawyer In Jaipur can be assigned. Likewise, Divorce Lawyers In Bangalore can be assigned if divorce cases are filed in Bangalore.
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