Why Do You Need the Top Lawyers for Contested Divorce?
Contested Divorce is a process that can be quite lengthy and difficult. Under this, things like debate, accusations and counter-accusations do not come to the fore. The path of Contested Divorce is a bit more difficult than the relatively consensual divorce. Here the legal process goes on in both parties.
Under this, based on certain things, the husband or wife is entitled to file an application for divorce in any court. Under this, issues such as sexual relations other than marriage, physical-mental cruelty, living apart for two years or more, serious sexual diseases, mental illness, conversion of religion can be kept.
Divorce without Consent
Contested Divorce is a process for getting a divorce from a spouse who has committed a matrimonial offense. The decision to divorce is not made with the consent of both partners. It is based on a single person’s decision based on the matrimonial offense of the other spouse. Matrimonial offenses are those that result from violating or failing to do something that is necessary for both parties to continue living together.
Cruelty, desertion, adultery, unsoundness of mind, and other are just a few examples of major grounds for contested divorce which already discussed here and there are also several cases related to matrimonial disputes, such as Domestic Violence, Maintenance & Alimony, and 498a of the IPC.
Domestic Violence means any act which endangers the health, safety, life, economic damage and harm of a woman and child (boy and girl under 18 years of age) which is unbearable and which causes suffering and humiliation to the woman and child. All these are included in the scope of domestic violence.
Section 4 of the Protection of Women from Domestic Violence Act 2005 provides that any person may inform the Protection Officer that domestic violence has been committed, or is about to be done, or is being done to any woman.
Section 12 of the Protection of Women from Domestic Violence Act 2005 provides that the victim or the Protection Officer or any other person may make an application to the Magistrate for compensation or damages in respect of domestic violence. Its hearing will be scheduled within 30 days and execution will be within 60 days.
Maintenance & Alimony
In the case of a divorce, the phrases “maintenance” & “alimony” refer to the financial support provided by one spouse to the other. If one spouse is financially unable to support herself/himself and cannot afford even basic necessities such as food, clothing, and shelter, the other spouse is obligated to pay maintenance when they are financially capable.
There is no distinction in Indian law between a husband or wife’s right to seek maintenance and alimony. If the husband is unable to support himself financially while the wife is well-off, the wife is obligated to give the husband maintenance or alimony, and vice versa. The wife, in the vast majority of instances, seeks maintenance for herself and her children by filing a Maintenance & Alimony petition against the husband.
498A of IPC
The majority of people are unaware of Section 498A of the IPC or what to do if a case involving Section 498A is filed. It is critical to gain a better understanding of what this law entails. In 1983, Section 498A was enacted to safeguard married women from being subjected to cruelty. It asserts that it protects women from dowry-related harassment and brutality. Women, on the other hand, found it to be an easy instrument to abuse in order to exact revenge on their NRI husbands or to submit a bogus complaint. One of the most contentious provisions of the IPC is Section 498A.