Divorce is a legal procedure to end a marriage when one or both partners cannot continue to live together as a couple. There are two types of divorce in India: one-sided divorce and divorce with mutual consent.
Mutual consent divorce happens when both parties agree to end their marriage, and the divorce is completed faster because both parties want to end the marriage. In India, a one-sided divorce occurs when one spouse refuses to divorce the other. One-sided divorce is also known as a contentious divorce.
One Sided Divorce: Meaning
A one-sided divorce occurs in India when a person refuses to stop the marriage for whatever reason. A one-sided divorce occurs when one party has grounds for divorce and wishes to end the marriage. As the term implies, the husband and wife fight to get the best possible result from a divorce case and hire a divorce lawyer in India to advocate their interests.
Process of One-Sided Divorce
One must file for the Divorce Petition- Following the receipt of divorce advice and the selection of a suitable court, a skilled divorce lawyer in India must draft a contested divorce request defining the issues and challenges that have developed as a consequence of the marriage, as well as the grounds for which the petitioner is asking for a divorce. Following the submission of an official notice for divorce, the court will serve a summons to the other spouse, informing them that their partner has filed for divorce.
Reaction of the Opposite Party- After receiving the summons, the opposing side must submit a response to the petition detailing their position on a one-sided divorce. If the other party fails to appear at the hearing, the court may deliver a decision based solely on the evidence of one side.
Following the Mediation Process- Mediation is an unofficial dispute resolution method facilitated by an experienced third party known as a mediator. Mediation brings both parties together to explain misconceptions, identify concerns, and seek a settlement. The procedure is entirely voluntary.
Submission of the Evidence- When the court establishes a point of adjudication, it may request that all proofs and testimony on these topics be submitted. The evidence should be presented first by the spouse who filed the petition. The other party's lawyer conducts a cross-examination. The respondent party then offers evidence before the court adjourns the matter for the final argument.
Arguments by the Parties- Following the submission of evidence, the parties will hold final arguments. The last arguments are the most important deciding aspects of the court's decision to annul a marriage.
Decree for Divorce- After hearing all of the contentions, the court renders a final judgment and issues a one-sided divorce order.
The married couple signs the divorce papers after deciding to divorce. The divorce proceedings are now concluded, and the marriage has been officially dissolved. This results in a one-sided divorce in which one spouse files for divorce against another and, upon notification to the other party and their failure to appear, the case is heard ex parte, i.e., in the other spouse's absence. The court will issue a divorce if adequate justifications and proof are presented.
A mutual divorce should be the primary option for the parties. The party may pursue a one-sided or contentious divorce if it is not practical. A "one-sided divorce" occurs in India when a partner refuses to end the marriage.
Unilateral divorce occurs when only one partner wishes to leave the marriage, yet both feel there are grounds for divorce. One should seek a divorce consultation to obtain the greatest legal assistance from a skilled divorce lawyer.
You will need a lawyer to help you with a one-sided divorce from your husband. If you need a lawyer to assist you with a one sided divorce from your husband in Noida, then a Divorce Lawyer In Noida can be hired, and if you need a lawyer to assist you with a one sided divorce from your husband in Mumbai, then Divorce Lawyer In Mumbai can be hired. Similarly, a Divorce Lawyer In Kolkata can be employed if you need a lawyer to assist you with a one-sided divorce from your husband in Kolkata.
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