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A contested Divorce is a way to get a divorce from a spouse because of something they did wrong in the marriage. The decision to take Divorce is not based on mutual agreement between partners. It is decided by a single person based on wrongdoing by one spouse against the other. In this article, we will briefly discuss the contested divorce process in India.
The grounds for divorce in India
Matrimonial offenses are offenses that arise out of violating or omitting an act. The act should be reasonable for both people to continue living together. There are many grounds for seeking Divorce without consent. Under Divorce without Consent, these are the grounds that must be met such as Cruelty, Desertion, Adultery, Unsoundness of mind, etc.
Almost all religions need these same grounds for Divorce. Which are the Hindu Marriage Act, 1955, Dissolution of Muslim Marriage Act,1939, Indian Divorce Act,1936, and the special marriage Act, 1954.
Contested divorce process in India
In Contested Divorce, one party files a divorce petition, and the other party files a Counter petition. On the counter, the petitioning party needs to deny all the grounds on which a divorce petition is being filed in the first place.
Contested Divorce is a lengthy process that necessitates professional help. An experienced divorce lawyer knows how to tackle these hard and time-consuming tasks during a stormy and emotional time. He or she also knows how the contested divorce process in India works.
The stages of divorce proceedings in India
The Code of Civil Procedure sets the rules for a contested divorce process in India. It outlined the guidelines and procedures needed to complete the Contested Divorce process in India.
- Choosing legal counsel is the most important in family matters. These matters need sensitivity while dealing in court. It involves both the families and the child, and it needs consideration. These matters need legal expertise with compassion. An Understanding of family dynamics and the contested divorce process in India
- The next step is for any spouse to file a divorce petition. And selecting legal counsel to represent them. Counsel will need all relevant information and documents to prepare a divorce petition. He will file the divorce petition in a court of law. In most divorce cases, the family court has primary jurisdiction. After filing a Notice it needs to be served to the other spouse by the petitioner or court by paying court fees
- Both parties have to appear in court. If the court view that there is a chance for Conciliation, the court sends both parties to the conciliation center. If they settle their matter there, the petition is withdrawn. If it’s not decided, a trial will go on in court. In a trial, the petition is filed. If there is no scope for Conciliation, or the conciliation process fails to reach an amicable solution. Then Respondent needs to deny every ground on which Divorce is being sought.
- The court first hears the arguments from both sides. Then taking into account all the evidence and witnesses passes a decree/order granting Divorce or denying Divorce.
- After the trial court passes the order, an appeal can be made to the High Court within the stipulated period given in the respective Legislation. Usually, it is between 30 to 90 days.
What are the required documents for a contested divorce?
When filing for a Contested divorce, specific documentation had to be submitted with the petition. The following documents are required for filing a contested divorce:
- Marriage Certificates or proof or Photographs
- Evidence of staying separated for a year
- Both husband and wife’s Aadhaar cards
- Evidence linked to unsuccessful reconciliation attempts
- Marriage Invitation Card of the Petitioner
The minimum time for contested Divorce in India depends on many factors. These are dates given by courts, court\’s insistence on the Conciliation process, etc. So minimum time for contested Divorce in India is 3 to 5 years.
How to speed up contested Divorce in India?
Though it can be speed up by preparing well and hiring an experienced advocate in a divorce matter and understanding the nuances of each stage. Apart from this, it can be quicker if a Contested Divorce Petition can be converted to Mutual Divorce.
If you have been fighting your case for more than two years, you can move it to Fast Track Court. In India to speed up court proceedings, Fast Track courts were set up in 2000 and finish court cases that had been going on for a long time. Even though fast track courts have been set up, they need to be looked at to see if they are doing what they were meant to do.
Divorce lawyer\’s fees in Kolkata depend on a case-to-case basis, and the lawyer hired. Contested divorce costs in India can differ based on the location of the parties. Approximately range between 6000 to 25000 Rupees. We are Divorce Lawyers in Kolkata. We look at any family matter as a whole. We take into account all the important factors and come up with strategies that fit the situation.
In addition to consent divorce, we can assist you with the best option for you if you are at any stage of the contested divorce process in India. We have dealt with many family issues before, such as contested divorces by the husband or the wife, alimony, child custody, and so on. When we plan how to handle family issues, we keep in mind how important family relationships are and put children at the center of our initiative. Feel free to reach out for any such problems.