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Why Contested Divorce In India Initiated?

  • Writer: leadindia422
    leadindia422
  • Aug 9, 2024
  • 4 min read

A Contested Divorce Is The Kind Of Divorce Where The Proceedings For Divorce Could Be Initiated By Either Of The Parties To The Marriage. The Grounds Provided For A Contested Divorce In The Acts Mentioned Below Are Almost Common And A Petition Could Be Filed For Divorce Based On These- 

  • The Hindu Marriage Act, 1955

  • The Indian Divorce Act, 1869

  • The Dissolution Of Muslim Marriage Act, 1939

  • The Special Marriage Act, 1954

  • Parsi Marriage And Divorce Act, 1936

The Grounds Provided To Start Procedure For  Divorce In India Are Mainly- Adultery, Cruelty, Desertion, Conversion, Grave Mental Disorder, Communicable Venereal Diseases, There Are Some Other Grounds Such As  Impotence Of The Spouse, Imprisonment, Failure To Provide Maintenance, Etc.

Kinds Of Divorce-


  • The Parties To The Marriage, If Are Not Comfortable In Continuing Their Relationship And Wish To Separate Or End The Relationship Altogether, They Could Opt For Divorce. The Divorce In Such Situation Could Either Be Consensual Or Could Be Non-Agreeable To Any One Of The Parties.

  • If  Both Husband And Wife Agree To End Their Marriage, A Joint Petition For Divorce Could Be Filed By Them, In This Case The Divorce So Applied By The Parties Shall Be Called  Mutual Consent Divorce. 

  • If Either  Of The Parties Wishe To Separate From The Other Party Without An Agreement Of The Other Party, For Reasons Mentioned Above As Provided Under The Law, Such As Cruelty Or Adultery Of The Partner Etc. , The Aggrieved Party Must File A Petition For Divorce On The Grounds Provided By The Law, Making The Other Party Defendant In The Case. Divorce In This Case Is Called Contested Divorce.


Different Stages Of A Contested Divorce- 


While Applying For A Contested Divorce, Stages Mentioned-Below Would Be Followed- 


Appointment Of The Attorney- 


The Most Important Step Before Applying For A Divorce Is To Appoint An Appropriate Divorce Lawyer In Kolkata Or Your City. Appointing An Experienced Advocate Would Decide The Course Of Action Of Your Case. After Going Through The Facts Of Your Case, Your Lawyer Would Decide The Grounds On Which The Divorce Petition Could Be Filed.


Either Party To The Marriage Could File For Divorce- 


After The Appointment Of The Advocate, All The Information And Documents Related To Your Case Are To Be Duly Provided To The Divorce Lawyer In Mumbai Or The Lawyer Appointed In Your City. Based On The Documents And Facts Of Your Case, Yours Advocate Would Draft A Divorce Petition And Would File It In The Appropriate Court. The Primary Jurisdiction Over These Matters Lie With The Family Court. After The Petition Has Been Filed, A Notice Shall Be Served To Your Spouse Through The Court.


Appearance Before The Court And Reconciliation- 


After Notices Have Been Served, The Parties Would Appear Before The Court On The Provided Date. If The Court Believes That There Is A Chance For Reconciliation Amongst The Parties, The Matter Would Be Forwarded To The Legal Services Authority Where Conciliators Would Try Help Solve The Issues Between The Couple If Possible. In Case The Parties Agree To Settle The Issue, Then The Petition Could Be Withdrawn From The Court, However, If The Parties Do Not Agree, Then The Following Stages Shall Be Followed.


Reply From The Respondent-


At This Stage, The Respondent Shall File His/Her Reply To The Petition Filed By His/Her Partner For Divorce.

If The Defendant Is Not In Favour Of The Divorce, The Defendant Shall Deny The Allegations Made Against Him/Her. The Allegations When Not Denied Specifically, It Shall Be Deemed By The Court  That The Defendant Is Agreeing To The Allegations Made In The Plaint.


Settlement-


After The Documents And The Facts Of The Case Presented Before It Have Been Assessed, The Court Shall Settle For The Points Of Consideration Which Would Be Decided Under Order Xiv Of The Cpc. These Points Are Unresolved Conflict Of The Parties Which Have Resulted In The Petition For Divorce. At This Stage, The Court May Refer For A  Third Party Negotiation.


Trial-


The Date For Hearing And The Examination Of The Witnesses Shall Be Determined By The Court. Prior To This, Summons Would Be Served To The Witnesses To Attend The Proceedings In The Court On A Particular Date. Cross- Examination As Well As Final Hearing Shall Be Done At This Stage.


Order/ Decree-


After The Matter Has Been Concluded, Based On The Arguments From Both Parties And The Evidence Provided, The Court Shall Pronounce Its Order Or Issues The Decree Granting Or Denying The Divorce. 


Appeal-


The Decree Provided By The Court Could Be Challenged By An Appeal To The High Court Having Jurisdiction Over The Respective Family Court. Further Appeal Could Also Be Filed To The Hon’ble Supreme Court Of India. The Section 28 Of The Hindu Marriage Act, 1955 Or Section 39 Of The Special Marriage Act, 1954 Provide For The Right To Appeal In The Higher Courts For The Decree Of Divorce. 


Conclusion


In Conclusion, It Could Be Inferred That Contested Divorce Proceedings May Take Longer Period Of Time, It Is, Thus Advised To The Parties To File For A Divorce Through A Joint Petition, I.E. Divorce By Mutual Consent. In The Case Of A Contested Divorce, The Most Important Factor Is An Experienced Divorce Lawyer Hyderabad Or In Your Own City, Who Could Ensure That Your Interests Are Taken Care Of During The Court Proceedings. 


Lead India Offers You A Team Of Experienced Advocates, Who Have Successfully Dealt With Matters Involving Family Laws As Well As Issues Including Divorce Petitions, Child Custody, Maintenance, Etc. Thus, If You Seek Free Legal Advice Or Need To Ask A Question To A Lawyer, You May Contact Us.



Visit us: — www.leadindia.law

Call Us: +91–8800788535


 
 
 

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