A Contested Divorce in India is a complex and often lengthy legal process. Marriage is usually described as being made in heaven, but divorce is a reality that must be handled on Earth. Filing for a divorce is never an easy decision, as it leads to the breaking of not only the relationship between two people but also two families. Divorce is usually filed when the husband and wife are unable to live together as a married couple anymore. In some cases, both spouses agree to end their marriage mutually, referred to as Mutual Consent Divorce. However, if they cannot agree on their separation, a Contested Divorce is filed. To navigate the complexities of a contested divorce, consulting a divorce lawyer bangalore can provide essential legal support and guidance throughout the process.
Meaning of Contested Divorce
A Contested Divorce happens when one spouse wants to end the marriage, but the other does not agree. This means that both spouses do not mutually decide to divorce. In a Contested Divorce, the husband and wife must hire separate lawyers to protect their interests, and the case is resolved in court. The process can be long and challenging, as both parties present their arguments and try to prove their case.
Grounds for Divorce in Mumbai, India
According to Section 13 of the Hindu Marriage Act, of 1955, there are several grounds on which a Contested Divorce can be filed. The following are the most common grounds for divorce in Mumbai, India:
- Adultery: This is when one spouse has an extramarital affair and engages in a sexual relationship outside of the marriage. If one spouse is unfaithful, the other spouse may file for divorce based on this ground.
- Cruelty: This is when one spouse treats the other with cruelty, which can include physical, emotional, or mental abuse. Cruelty can make it impossible for the couple to live together in a peaceful and loving relationship.
- Desertion: Desertion refers to when one spouse abandons the other without any valid reason and does not intend to return. It is a serious issue and can be a valid ground for divorce.
- Conversion: If one spouse forces the other spouse to change their religion against their will, it can be a ground for divorce. Forced conversion to another religion can create significant emotional and psychological distress in a marriage.
- Mental Disorder: If one spouse suffers from a severe mental illness or mental disorder that makes it impossible for the couple to live together, it can be considered a ground for divorce. In such cases, the other spouse can file for divorce based on the mental incapacity of their partner.
Appropriate Court for Divorce
A Contested Divorce in Mumbai, India, must be filed in the Family Court, which has jurisdiction over such cases. The jurisdiction of the court is determined by one of the following factors:
- The place where the marriage took place.
- The last address is where the couple lived together.
- The current address of either spouse.
The process to File a Contested Divorce
- Filing the Divorce Petition
The first step in the Contested Divorce process is to file a Divorce Petition. This petition is drafted and submitted to the Family Court with the help of an experienced family lawyer. The petition includes the reasons for seeking divorce and the grounds on which the divorce is being requested. Once the petition is filed, the court issues a summons to the other spouse, informing them of the divorce petition. The other spouse will be required to respond to the petition.
- Reply by the Opposite Party
Upon receiving the summons, the other spouse (the defendant) may submit a response to the court. The response is a written document in which the opposite party presents their side of the story. They may either accept or deny the allegations made in the divorce petition. The response will be submitted through their lawyer, who will represent their interests in court.
- Interim Decision (Mediation)
Once the reply is filed, the court may suggest or order mediation. Mediation is a process where a neutral third party, known as a mediator, helps both parties agree on their issues. The mediator listens to both parties and assists the couple in reaching a mutually agreeable solution. Mediation can be a useful step in resolving the matter amicably and avoiding a prolonged court case. However, if mediation fails and the parties cannot reach an agreement, the case proceeds to the next stage.
- Evidence Stage
If mediation does not resolve the issue, the court proceeds to the evidence stage. Both parties must provide evidence to support their claims. This can include documents, photographs, witness testimonies, and other forms of evidence. The court will allow both parties to examine and cross-examine the evidence presented by the other party. The judge will carefully consider the evidence presented before making any decisions.
- Argument Stage
Once the evidence has been presented and examined, both parties will have an opportunity to make their final arguments in court. During this stage, the lawyers for both parties argue their cases in front of the judge. They will highlight the key points of their evidence and try to persuade the judge to rule in their favor. The judge will listen to the arguments carefully before making a final decision.
- Final Divorce Decree
After the arguments are heard, the judge will issue a Final Divorce Decree. This is the final legal decision that ends the marriage between the two spouses. Both parties must sign the divorce papers, which marks the completion of the divorce process. The Divorce Decree is the official legal document that dissolves the marriage. If either party is unhappy with the final judgment, they can file an appeal in a higher court within three months of the order date.
Additional Petitions in a Contested Divorce
- Maintenance or Alimony: Financial support provided by one spouse to the other after the divorce.
- Child Custody: Decisions about who will have legal custody of the children.
- Property Separation: How the assets and property will be divided between the two spouses.