Contested Divorce in India: Complications and Processes

Divorce can be difficult emotionally as well as legally when both partners are not ready to separate, this is also referred to as a contested divorce. Contested divorce is very different from mutual divorce. Contested divorce generally involves appearance before the court and complicated processes.

What Does a Contested Divorce Mean?

A contested divorce is when the spouse seeking dissolution does so without the consent of the other spouse. The disputes may concern the divorce per se or matters such as child custody, distribution of property, or alimony. Such a dissolution draws out the process for an even longer period of time and into much detail.

Legal Grounds for a Contested Divorce in India

Under the Hindu Marriage Act, 1955, institutes of contesting divorce by a spouse can be on grounds such as:

●       Cruelty- In simple terms, physical or mental harm is inflicted on a spouse by the other.

●       Adultery: Having extramarital affairs.

●       Desertion: Leaving the spouse for an irrational cause for at least two years.

●       Mental Disorder: Mentally unable to get along.

●       Conversion: Conversion of a spouse to another religion.

●       Communicable Diseases: Such as leprosy or a very serious disease.

●       Renunciation: If a spouse renounces the world to become a monk or a nun.

 

These grounds are ascertained by the court before granting a divorce.

Step-by-Step Procedure

Filing a contested divorce involves several legal steps:

●       Consulting a best Law firms in India: A qualified lawyer is needed to file the case and represent the spouse in court.

●       Drafting and Filing the Petition: The spouse files a divorce petition in the family court, explaining the grounds.

●       Court Issues Notice: The other spouse receives a court notice to respond to the petition.

●       Response and Hearings: Both parties present their sides. The court may ask for evidence or witnesses.

●       Final Decision: If no agreement is reached, the judge makes a final decision based on the facts presented.

Common Challenges in Contested Divorce

●       Emotional Stress: Long trials can be emotionally exhausting for both parties.

●       Time Consumption: A contested divorce can take several months or even years to complete.

●       Legal Complexity: Understanding laws and court procedures can be difficult without expert help.

●       Financial Cost: Paying for court fees, lawyer charges, and documentation can be expensive.

 

These challenges make it important to seek help from experienced professionals and stay informed about legal rights.

The Role of Law Firms in India

Law firms in India play a vital role in leading an individual into contested divorce proceedings. While one need not have famous Indian lawyers to win a case, the mere fact of having able counsel ensures adequate guidance.

Conclusion

Contested divorces in India are a hard path, but your increased understanding of the procedure should at least diminish the chaos and stress. Knowing your legal rights, preparing your documents, and consulting a Law firms in India can make facing this end easier.