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Contested Divorce

CONTESTED DIVORCE


As the name suggests, you will have to contest it. Indian laws in general recognizes cruelty (Physical & Mental). Desertion (Period varies from 2 to 3 years), Unsoundness of mind (of Incurable form), Impotency, renouncing the world, etc. Aggrieved party has to take one of the above grounds of divorce and will have to file the case in the Court of appropriate jurisdiction. Party which files the case, divorce will be granted and divorce will be drawn up accordingly.
THE FOLLOWING ARE THE GROUNDS FOR DIVORCE UNDER THE HINDU MARRIAGE ACT, 1955.

 ADULTERY

The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery.

 CRUELTY

A Spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that cause danger to life, limb and health.

 CONVERSION

In case either of the two converts himself/herself into another religion.

 DESERTION

If one of the spouses voluntarily abandons his/her partner for at least a period of two years.

 MENTAL DISORDER

Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity .

 LEPROSY

In case of a ‘Virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.

VENERAL DISEASE

If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse.

RENUNCIATION

A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.

NOT HEARD ALIVE

If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead.

NO RESUMPTION OF CO-HABITATION

It becomes a Ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.

 

STEPWISE PROCEDURE TO BE FOLLOWED.


  • To send notice to spouse with all allegations and grounds for divorce.

  • If no reply comes on notice, to file Divorce petition in family court with all facts and grounds for divorce.

  • Court sends summons to spouse to attend the Court to appear and give reply on Divorce Petition.

  • Court sents both the parties to Counselor for mediation and settlement.

  • When counselling/mediation process fails, further process begins with filing of reply – Written statement from other side whereunder other side gives reply to all allegations made in Divorce petition and makes counter allegations.

  • To file evidence and documents in support and other side Advocate will cross examine petitioner

  • Other side will file evidence and documents in support and Petitioner Advocate will cross examine other side

  • Final arguments by both side of advocates.

  • Judgement.

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