Contested Divorce – Complete Procedure Beginning to End

Divorce is a way by which 2 parties who are in a matrimonial relationship can end their marriage if it is not possible for them to stay together.

Divorce in India can be of 2 types – Divorce Through Mutual Consent is a type of Divorce whereby both the parties agree to end their marriage together, It is comparatively less time consuming and easier to obtain. On the other hand, if only one party wants to End their Marriage then the Divorce would be one-sided and the other side will contest it.

Contested Divorce Definition & Grounds

In Contested Divorce, there is one party which does not want to end their Marriage although the Other party has the grounds on which He/She can easily obtain Divorce. By the name, it is clear that the Husband and Wife contest each other so they Hire a Lawyer to represent their case.

Grounds for divorce –

Section 13 of the Hindu Marriage Act, 1955 stipulates the reasons or Grounds on which Divorce can be obtained –

• Adultery – In this either partner in the Marriage gets involved with someone else and maintains a sexual relationship outside of the Marriage. It is a valid ground of Divorce and either Husband or Wife can Obtain Divorce on this ground.
• Cruelty – It is a Harassment which can be Physical or Mental that hampers the Peace of any of the Party to the Marriage. It could also lead to health and psychological problems and so is a valid ground for divorce.
• Desertion – When the spouse deliberately abandons the other for no justifiable reason then it is termed as Desertion. A Valid Desertion is one when it exceeds a period of 2 years, there is no intention of coming back and when there is no justifiable reason for this Act.
• Insanity/Mental Disorder – If the Spouse is suffering from any Mental Disorder like Schizophrenia, Bi-polar Disorder etc then that could also be a valid ground for Divorce.
• Presumption of Death – If in case the spouse has not seen or head about the other for a period of 7 years and there is a reason to believe that he may be Dead so in that case, a Divorce can be filed on that ground as well.
• Renunciation of the World – If a spouse renounces the world meaning thereby that he leaves all ideologies, thoughts and possessions then that too will be a Ground for Divorce.
• Communicable Disease – If the spouse has a disease such as AIDS which can be passed on to another by physical contact which could make it difficult to continue the relationship so in that case, it will be a ground for divorce.
• Leprosy – Leprosy is a contagious disease of Skin which leads to decay of the Body and is so a valid ground for Divorce.

How to Decide the Court in which the Divorce case is to be Filed

Divorce Petition in India can be filed in the Court situated in any of the following places –

1. Where Marriage took Place
2. Place where both the Parties resided as a couple
3. Place where Opposite Party is living
4. Place where the Wife is living if she files for Divorce

Procedure Followed in a Divorce Case –

• Filing of the Petition – After consulting a Divorce lawyer, a petition of the Divorce is Drafted with all the contents explaining why the Divorce should be granted, It should contain a brief of the Incidents which led her/him to this decision.
• Sending of Summons – After the Petition is filed; The Court will order to send the summons to the other Party for their presence and their reply.
• Reply by opposite Party – Opposite Party will give a reply to the Petition that was filed explaining why Divorce should NOT be granted. However, if no reply is given or the other party does not appear then an Ex-Parte decision can also be given.
• Mediation/ Conciliation – The Court can suggest the parties to resolve their disputes through mediation. In mediation, a Third party which is neutral will try to resolve the disputes between the parties.
• Evidence – In this Stage Examination and Cross-Examination of the Parties happens through their Lawyers starting with the Petitioner.
• Final Arguments – After the Evidence is filed, Arguments take place. The result of these Arguments would be the deciding factor If or Not the Divorce should be granted to the parties.
• Decree – this is the final judgment that would tell if the Divorce has been granted or not.

If any of the Party is not satisfied by the Outcome then within a period of 3 months hey can approach the High Court. 

Along with divorce other Petitions Like maintenance, Alimony, Child Custody are also dealt with.

If you wish to file a Divorce Case or any other Matrimonial Case like Maintenance, Child Custody, Dowry or Domestic Violence then you can contact the Best Lawyers in Faridabad – Bakshi & Associates, the contact details are given below.

Bakshi & Associates – Legal Consultants

Phone – +91- 9873750515, +91-9811680103

Website – www.bakshiandassociates.com

Office – 2043, Sector 16 Faridabad, Haryana 121002.

Chamber – 272, New Lawyers Building, District and Sessions Court Faridabad.