What Is a Contested Divorce? Steps of Contested Divorce in india

In accordance with the Hindu Marriage Act of 1955, a contested divorce, where one party seeks divorce without the consent of the other, can be pursued based on various grounds outlined in the Act. The process of initiating a contested divorce commences with consulting a knowledgeable divorce attorney. The individual seeking divorce must provide a detailed account of the marital situation to enable the lawyer to offer the most pertinent advice in the client’s best interest. The contested divorce procedure involves the following steps:

1. Preparing the Petition for Divorce: In a contested divorce, the party initiating the divorce collaborates with the lawyer to detail the facts and circumstances. The lawyer then formulates the petition based on these details, supported by relevant documents. The finalized petition, along with affidavits and a vakalatnama, is signed by the contesting party in the presence of a Notary or commissioner.
2. Filing of the Petition: After completing all formalities, the petition is filed before the appropriate family court, taking into account jurisdictional considerations.
3. Scrutiny of the Petition by Court: On the first hearing date, the court scrutinizes the petition and hears the opening arguments presented by the filing lawyer regarding the allegations and grounds.
4. Appearance of the opposite side party in Court: Once the court is satisfied to proceed, it issues a notice to be served on the other party. The other party receives a copy of the petition and notice, and on the subsequent hearing date, they must appear in court with their lawyer. The opposing party is also required to file a reply to the divorce petition and any other relevant applications.
5. Direction for Mediation: Initially, the court attempts to facilitate resolution between the parties and may direct them to undergo mediation to reach an amicable solution. If mediation proves unsuccessful, the court proceeds with the divorce proceedings.
6. Framing of issues and recording of evidence by Court: The court then advances with framing issues and recording evidence. Both parties are obligated to submit evidence, undergo cross-examination, and present supporting witnesses. This phase is critical as it determines the outcome of the case.
7. Final arguments by counsels of the parties: Following the extensive process of presenting and cross-examining evidence, the attorneys representing both parties are required to present their final arguments before the presiding Judge. Subsequently, a date is scheduled for the pronouncement of the decision.
8. Final decision by the Court: The Judge delivers the final decision and, if deemed appropriate, issues a decree of divorce. The verdict is based on the specific facts and circumstances of each case. Should either party find the ruling unacceptable, they have the option to file an appeal against the order, with the assistance of legal counsel. The time limit for filing an appeal is three months from the date of the order.

What are the documents required for Contested Divorce in India?

Numerous documents are necessary when pursuing a contested divorce, with some specifically intended to substantiate the grounds for filing. The essential documents include:

1. Proof of husband’s address
2. Proof of wife’s address
3. Photographs depicting the marriage between the husband and wife
4. Marriage certificate
5. Evidence supporting the grounds for divorce (such as cruelty, adultery, desertion, lunacy, leprosy, presumption of death, conversion to another religion, etc.)
6. Professional and financial proofs

Grounds for Contested Divorce

In the case of a marriage solemnized under the Hindu Marriage Act, 1955, there are nine grounds for divorce outlined in Section 13 of the Act. These grounds provide a basis for filing a divorce petition against your spouse. You can initiate divorce proceedings if:

1. Your spouse has not been heard of as being alive for a period of seven years or more by individuals who would naturally have heard of it if that party were alive;
2. Your spouse has engaged in voluntary sexual intercourse with another person after the marriage;
3. Your spouse is treating you cruelly;
4. Your spouse has deserted you for a continuous period of not less than two years immediately preceding the presentation of the petition;
5. Your spouse has ceased to be a Hindu by converting to another religion;
6. Your spouse is incurably of unsound mind or has continuously or intermittently suffered from a mental disorder, making it unreasonable for you to live with them;
7. Your spouse is suffering from a virulent and incurable form of leprosy;
8. Your spouse is suffering from a communicable form of venereal disease;
9. Your spouse has renounced the world by entering any religious order.