Contested Divorce In Mumbai, India: Meaning, Grounds and Steps To File In Court
Marriage is made in Heaven but Divorce is handled on the earth. Filing for Divorce is considered as breaking the two families. It is filed wherein both the husband and wife cannot live together in the relation as a couple. Both the spouses can either mutually decide or file the divorce in the court. If the spouses mutually decide on the divorce it is considered as Mutual Consent Divorce else it is referred to as Contested Divorce. Mutual divorce comparatively takes lesser time than the contested divorce. Mutual Divorce is around 6 to 9 months whereas Contested can take around 2 to 3 years as well or even more in some cases. Contested Divorce is usually filed by one of the spouses wherein another spouse is not ready for the divorce.
Contested Divorce in India is filed by one party that is willing to dissolve the marriage as against another party who is not inclined to get the divorce done. It means the separation decision is not mutually decided by both parties. It is also called as One-Sided Divorce. This also takes place when one spouse has the grounds for separation and has complete willingness to end the matter. Husband and Wife contest against each other in the case and they both need to hire separate divorce lawyers in Mumbai, India to safeguard their interest.
Grounds for Divorce in Mumbai, India
Contested Divorce as per Section 13 of the Hindu Marriage Act, 1955 can be filed on various grounds and these grounds can be as follows:
- Adultery: When the husband or wife has a extra marital affair and engaged in secual relationship outside the wedlock.
- Cruelty: It is based on the Torture, annoyance or disturbance created by one spouse on another that causes trouble in the relation.
- Desertion: It means known and willful abandonment of one spouse by another for no justifiable reason with intention of returning.
- Conversion: If any spouse is forcing to convert to another religion
- Mental disorder: If the spouse is suffering from any kind of mental disability.
Appropriate court for the Divorce?
Contested Divorce can be filed in the Family Court as per the jurisdiction like:
- Place of the Marriage
- Last address of both parties together as a couple
- Current Address of the parties
Process to File a Contested Divorce?
To contest a divorce in Indian courts, the following procedure is laid down:
- Filing Divorce Petition: Contested Divorce petition can be well-drafted and submitted in the family court by an experienced Family Lawyer in Mumbai. Once the petition is filed in the court summons will be issued to the other spouse for the notification.
- Reply by the opposite Party: Once the summons is sent the opposite side can submit the reply in the court placing all his/her side of the story with a help of an experienced Divorce Lawyer in Mumbai.
- Interim Decision: Court may put this complete proceeding for Mediation Process to try settling the dispute amicably between both the parties before getting the divorce. It is done by neutral person that can help both sides to understand and solve the issue.
- Evidence Stage: If the mediation process is not successful then the proceedings of evidence is started wherein both the parties have to submit their respective evidence for the proof thereof. Examination and cross-examination are taken first from the petitioner and then from the opposite party.
- Argument Stage: Once the evidence is filed both the parties are called for the final argument. On this basis court finalizes dissolution of marriage.
- Final Divorce Decree: As the conclusion, final judgment is passed and the decree of the divorce is provided by the court.
Once the divorce decree is passed in the court the husband and wife had to sign the divorce papers so that the proceedings come to an end. This is the final step in the process of dissolution of the marriage between both the parties legally. However, if any party is not satisfied with the order an appeal can be filed in the higher court within 3 months of the order date.
Even if this is family and divorce case other petitions like Maintenance / Alimony / Child custody / Property Separation needs to be dealt with in the case of contested Divorce. In the Mutual contested divorce, it is handled mutually by both the parties.
Adv Bindu Dubey & Associates guide you in best possible way as your best contested Divorce Lawyer in Mumbai, India.