Contested Divorce Under Hindu Marriage Act, 1955
By Advocate B.Srikiran / 2017-05-05
Divorce is caused by the breakdown of the institution of marriage. In a contested divorce there is always a dispute which needs to be addressed by the court to grant divorce finally. You need to file for divorce under valid grounds (dispute should lie under one of the grounds), for your divorce petition to be successful. The court has various processes which are to be complied with to obtain a divorce discussed herein.

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There are two kinds of divorces, one is mutual consent divorce , and the other is contested the divorce.  As far as mutual consent divorce is concerned nowadays people can file for a 'no-fault' divorce which, as the term suggests, places no blame or fault for the break-up of any one party. Hence, couples can file for mutual consent divorce one year from the date of separation. After a divorce petition is filed in the district court citing irreconcilable differences and is supported by affidavits from both partners the divorce proceedings are dealt with in a fast-track and rather ironically in a cooperative win-win manner.

Contested divorce deals with more onerous marital relationships. In a society like ours, marriage is not merely a contract but a very important societal institution. Hence the position of law is such that it takes an active interest in protecting marriage, and not allowing it to be severed only by choice or due to ordinary wear and tear especially if both parties do not agree with the divorce proceedings (as is the case in mutual or uncontested divorce).

What is Contested divorce ?

A contested divorce is one where both parties do not come to settle on the same issue unanimously. There has to be an underlying dispute in the marriage, at the heart of such divorce cases (cruelty/adultery/desertion etc., known as matrimonial offences or crimes relating to marriage). The parties are also generally unable to agree on divorce-related issues as well i.e. one wants to break away while the other does not agree with the same, and hence the court has to step into the personal affairs of the family to either try and resort to an amicable happy ending or examine both sides and final rule that there can be no reconciliation and grant divorce.

Contested divorce proceedings take a very long time in court proceedings, and are notoriously known to drag on for a minimum of three to four years to get fully resolved in court. An appeal may then take it to higher courts and a longer wait can be expected if one of the party is unsatisfied with the decree of the lower courts. You can hire a divorce lawyer in India to file a petition for contested divorce.

Divorce is caused by the breakdown of the institution of marriage. In a contested divorce there is always a dispute which needs to be addressed by the court to grant divorce finally. You need to file for divorce under valid grounds (dispute should lie under one of the grounds), for your divorce petition to be successful. The court has various processes which are to be complied with to obtain a divorce discussed herein.

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