Contested Divorce requires experience and lateral approach. Contested Divorce implies party desirous of divorce approach the concerned Family Court for the dissolution of marriage. Spouse seeking divorce has to take one of the grounds provided under the law of for contested divorce.
There are different laws dealing with contested divorce for different section of the Society. Hindu Marriage Act,1955 provides ground for divorce for Hindus which includes Sikh, Jain and Budh religion. Indian Divorce Act,1869, provides grounds for divorce for Christian. Special Marriage Act provides grounds for divorce for people married under civil law and whose marriages are registered under Special Marriage Act,1954.
Grounds for Contested Divorce
- Divorce on the ground of Adultery
- Divorce on the ground of Cruelty
- Divorce on the ground of Desertion
- Divorce on the ground of Conversion to another religion
- Divorce on the ground of Unsoundness of mind or mental disorder
- Divorce on the ground of Virulent and Incurable form of leprosy
- Divorce on the ground of Venereal disease
- Divorce on the ground of Renounce the World
- Divorce on the ground of Not heard for a period of seven years or more
Beside above, there are couples of additional grounds for contested divorce available only to female.
Every case has its own unique situation and circumstances. Every individual is different from the other. So are there experiences. In our journey of now close to two decades, we have seen, met and dealt with thousands of contested divorce cases. We have followed and improved our ability to gel and aligned with view point of spouse seeking or defending contested divorce. This approach helps us to present the case as you suffered and faced during your matrimony. We being aware and abreast of changing nuances of law and the Court rooms, present the case accordingly. As lawyers, we adopt this approach but never abandon duty to engage in the objective manner considering your ultimate interest at the core of the approach. We know the importance. Lives are stake. We take up the responsibility with commitment and sincerity. We try to do complete justice in the journey.
COMMON GROUNDS FOR DIVORCE
We found that bulk of contested divorce cases are filed on the ground of CRUELTY, DESERTION & ADULTERY.
Lets briefly understand, it basic meaning in the context of a contested divorce case
Cruelty: This phrase is not defined under the law. As a matter of fact, it can not be defined. Its a relative term that changes from one individual to another. This term need to be understood from the context of parties involved, their education and background. What may be a cruelty to one may not be for the other. Generally speaking, it is such a behaviour of other spouse that makes it difficult or improbable for the other spouse to be reasonably expected to live with such spouse. There are several judgements that has been passed which has evolved the concept of cruelty as a ground for divorce. Samara Ghosh judgement given by the Hon’ble Supreme Court has laid a list though not exhaustive covering major aspect of cruelty.
Desertion: It implies a continuous separation for a period of two years before filing the petition for divorce on the ground of desertion. But mere separation it self does not means desertion. It is further to be shown that the other spouse have abandoned the relationship without any justifiable reason.And also importantly, Spouse seeking divorce has made efforts to reconcile and bring back the spouse. Desertion involves an intention on the part of the spouse leaving the matrimony with intention of not joining or resuming the matrimony.
Adultery: It simply means that the spouse against whom charges are made has indulged into a physical relationship with a person other than the spouse. Law calls upon for strict evidence in this regard. There is a difference between involvement in a relationship with another person and committing adultery. Involvement in a relationship without evidence of adultery may bring home the case of divorce on the ground of cruelty.
CONTESTED DIVORCE PROCEDURE
- Contested Divorce proceedings commences with filing of Divorce petition. Family Court causes a notice to be served on the opposite party for appearance.
- On receipt of summons, opposite party has to appear in person and/or through divorce lawyer and file the response.
- Court may try to resolve the differences between parties to start with by conducting conciliation or sending the matter to counselor/mediation center. If there is no settlement between parties, divorce case proceeds as per procedure.
- Once initial allegation and response and counter allegations process are over, which is called pleading, case is set up for evidence after determining issues of controversy between parties.
- Party initiating contested divorce has to start with the evidence first. Other party is given a chance to cross examination witness/es of the opposite party.
- After that responding party i.e. Respondent has to lead evidence. Similarly, cross examination process is conducted by the divorce lawyer of opposite side.
- After conclusion of evidence, Final arguments are advances by divorce lawyers from both sides.
- Then the court pronounces judgement. If party initiating divorce is able to prove the case, Family Court/Civil Court will grant the decree of Divorce.
Contested divorce requires expert divorce lawyers either in prosecuting or defending divorce case. Such expert divorce lawyer guides, strategize and plan the whole action. Effective planning by divorce lawyers increases the probability of success in the trial of the contested divorce.
Contested Divorce is a long process requiring thorough professional work and approach. Good Divorce lawyers take through these challenging and arduous task with expertise and credibility being your counsel through turbulent and emotional time.
Contested Divorce is challenging in terms of time too. We have learnt the process of the early disposal of the case by engaging into different ways and means. We can reduce the normal time without expertise and experience.