What is Contested Divorce?
Section 13 of the Hindu Marriage Act, 1955 provides the grounds for filing a Contested Divorce.
In a Contested Divorce, one party files a petition to dissolve the marriage and break the matrimonial alliance with the other party. Unlike the Mutual Consent Divorce, here, the separation decision is not mutual, and thus it has a long and complicated process. Both parties need to hire good, experienced, and challenging lawyers. There are many best divorce lawyers in Dwarka.
What can be the grounds for filing a Contested Divorce in India?
The grounds for Contested Divorce are mentioned in Section 13 of the Hindu Marriage Act, 1955.
Adultery–
If one partner is involved in sexual intercourse with someone else, this can be the ground for divorce.
Cruelty-
It can be mental or physical. If one partner seeks the other partner’s act somewhat dangerous or harmful, the partner can ask for a divorce due to cruelty.
Desertion-
Suppose one partner deserts the other without any specific cause. According to Hindu Laws, this desertion could last at least two years.
Conversion-
I am converting a spouse to another religion forcibly by another spouse.
Infectious Diseases-
The other spouse can divorce if a spouse suffers from any infectious disease such as HIV/AIDS.
Renunciation of the World-
If either of the spouses has taken sannyasa.
Presumption of death-
If one spouse has not heard of the other for more than seven years.
Mental Disorder/Insanity –
If the spouse is mentally-ill and this illness is incurable.
Irretrievable Breakdown of Marriage-
If the marriage ultimately doesn’t work, the couple has no reasonable chance of getting together.
Where to file a Divorce Petition?
In the District Court, the divorce petition can be filed according to Section 19 of the Hindu Marriage Act, 1955, where :
- the couple last lived together
- the marriage was solemnized
- Neither of them currently resides
What is the procedure for filing a Contested Divorce in India?
Filing divorce petition:
Draft and submit the contested divorce petition in the family court by an experienced lawyer. You can find one among many divorce lawyers in Dwarka.
After scrutinizing the petition, the court proceeds. The court sends a notice or summons to the other party for appearing on a decided date with their lawyer.
Then, the court gives a chance for mediation, and if it fails, then the court carries on.
Trials in Court:
Both the parties appear before the court, record their statements, submit evidence, get cross-examined, and present witnesses.
Final Divorce Decree:
Lastly, the court comes up with a final verdict on a fixed date and passes a divorce decree.
What are the document requirements?
The documents required for filing Contested Divorce are-
- Marriage Certificate
- Residence proof of both the parties
- Documents related to the financial status of both
- Documents providing the ground for filing the divorce
Conclusion :
Thus, either of the spouses can file a Contested Divorce in a District Court. There are some grounds on which this petition can be filed. The entire procedure for filing a Contested Divorce is mentioned here.
