CONTESTED DIVORCE
In a contested divorce, a perfect reason is important while filing the petition for divorce. Both husband and wife have the right to file a divorce against their spouse based on the following reasons; however, some are not applicable to all religions.
Cruelty
According to Hindu Divorce Law in India, if one spouse has reasonable evidence that the other spouse’s conduct is or is likely to be harmful and dangerous either physically or mentally; then that spouse can file a petition of divorce against the charge of cruelty.
Adultery
According to Indian law, if a man commits adultery i.e. has sexual relations with another woman outside the marriage than he can be charged with a criminal offence and the wife may file for a divorce as a civil remedy. If on the other hand, a wife commits adultery, she can’t be charged with a criminal offence; although the husband can conduct legal proceedings against the adulterer male against adultery.
Desertion
One spouse can file divorce against another on the grounds of desertion i.e. against betrayal or cruelty. However, there should be an intention of desertion and proof of it. As per Hindu law, the desertion should have lasted for at least two continuous years. Christians, however, will not be able to file a divorce petition solely for this reason.
Conversion
One spouse can file a divorce against another, if the other spouse has changed his/her religion and converted to another religion. This reason does not require any time to pass before the filing of the divorce.
Mental Disorder
If one spouse is incapable of fulfilling the normal duties required in a marriage on the account of mental illness than the other spouse can file a divorce based on this reason.
Communicable Disease
If any of the spouses is suffering from a communicable disease like HIV/AIDS, gonorrhoea, syphilis or a virulent and incurable form of leprosy than the other spouse can file a divorce according to the Hindu Divorce Law
Renunciation of the World
If one spouse decides to leave the renunciations of the world and his/her married life to obtain sanyas (Salvation), then the other spouse can file a divorce.
Presumption of Death
If one spouse is unheard of for a period of at least seven years, then another spouse can file a divorce on the basis of Presumption of Death of that spouse.
Steps involved in pursuing a contested divorce:
The couple has to go through numerous steps before finalizing the contested divorce, the steps are
1. Prepare, file and deliver the divorce petition i.e. make complete legal paperwork for divorce and stating the grounds for the breakdown of marriage
2. Reciprocation of the petition by another party
4. Move ahead with proceedings – gather information from your spouse, about him/her through relatives, third-party witnesses, written questions, statements etc
5. Pre-trial legal proceedings and hearings
6. Negotiations between two parties and settlement proposals
7. Striving for settlement but if settlement fails than preparing for trials.
8. Carry on the trials till the judgment arrives
Ø During the settlement phase, the majority of the spouses are unable to settle the case. The divorce Judge encourages the spouses to work things out and resolve the issues. But if spouses fail to resolve than they are asked to take the next step i.e. divorce in the court.
Ø During the trial proceedings, the judge takes into consideration witnesses presented by both the spouses and their lawyers, cross-examination, and strength of argument. After the trial is over, the court will issue a final judgment considering all the things mentioned earlier. Thus it is recommended to hire a good divorce lawyer for your case.
For filing a Divorce or For any other Family matter/s get one of the top advocates in Mumbai.
Contact http://www.bishnoiadvocates.com/
Email: bishnoiadvocate@gmail.com
Mobile No. 9370166350
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