A contested divorce is a formal way of seeking a divorce from your spouse. It should be exercised when mutual consent divorce is not possible. A contested divorce in India reflects a situation wherein one spouse has finally made up his/ her mind to proceed with the divorce.
Contested Divorce means that your spouse is guilty of committing the matrimonial offense. Matrimonial Offences are grounds for divorce. Your spouse is guilty of committing fault. Your spouse actions or omissions, and failure to discharge reasonable behavior leads you to the conclusion that living together with spouse is not possible.
In case of a contested divorce, there are specific grounds on which a petition for divorce can be made before court. While it is generally more time consuming and then a mutual divorce, if there exist satisfactory grounds for granting of divorce, it could be fairly straightforward.
The broad grounds under which a contested divorce is granted by court are listed below:
Cruelty could be either in the nature of physical or mental cruelty. As per the Hindu family laws, if one of the spouses has a reasonable and well-founded fear that the conduct of the other spouse is likely to be harmful, then there is sufficient grounds for obtaining divorce due to cruelty.
A man that commits adultery (i.e. has consensual sexual intercourse outside of his marriage) is liable to be charged with a criminal offence. The wife may, of course, still file for divorce as a civil remedy. If, on the other hand, a wife commits adultery, she may not be liable to be charged with a criminal offence, although the husband may seek prosecution of the adulterous male for adultery.
One spouse deserting the other without reasonable cause (cruelty, for example) is a cause for divorce in India. However, the spouse who abandons the other should intend to desert and there must exist some proof of it. As per Hindu laws, the desertion should have lasted at least two back to back years. Christians, however, will not be able to file a divorce petition solely on grounds of desertion.
Divorce can be sought by a spouse if the other spouse converts to another religion other than the one they were under at the time of marriage. In such cases, there is no requirement of any time to have passed before divorce can be filed.
If the spouse is incapable of performing any of the normal duties required in a marriage on account of mental illness, divorce may be sought by the other spouse.
If one spouse suffers from a communicable disease, as per the Hindu divorce laws, the other spouse can file for a divorce.
If the spouse renounces his/her married life and opts for sannyasa, the other spouse can file for a divorce.
If a spouse has not been seen or heard of to be alive for a time period of at least seven years, by any such persons who would have normally heard about such spouse if he or she were alive, then the spouse who is alive may file for a divorce.
An uncontested divorce means that both spouses agree on all of their divorce-related issues. Each state has specific legal requirements that spouses must meet before they can proceed with an uncontested divorce. You may want to consult with a local attorney or check your local courthouse website for specific requirements.
Even though you have to meet certain requirements, an uncontested divorce is often much easier than a contested divorce because spouses can end their marriage without constant negotiations, legal posturing, and court hearings. Thus, an uncontested divorce usually involves less stress and fewer legal fees. The uncontested divorce process also tends to preserve a relationship between the spouses, which is especially important if they have children.
A contested divorce is just what it sounds like: one or both spouses contest (dispute) some aspect of their divorce. Therefore, the divorce proceedings take much longer to complete and typically involve greater stress and increased legal fees.
STEP 1: Filing of petition by the husband or wife.
STEP 2: Court issues summons and seeks reply from the other spouse.
STEP 3: Court may suggest reconciliation.
STEP 4: Examination and cross-examination of witnesses and evidence.
STEP 5: Counsels for both parties’ present final arguments.
STEP 6: Decree of divorce passed by the court.
⦁ Address proof of husband
⦁ Address proof of wife
⦁ Marriage certificate
⦁ Details of profession and present remuneration
⦁ Evidence to establish that the couples is living separately for more than 1 year
⦁ Income tax statements for the previous 2-3 years
⦁ Evidence relating to the failed attempts of reconciliation
⦁ Four passport size photographs of marriage of husband and wife
⦁ Information relating to family background
⦁ Particulars as to property and other assets owned by the couple.
The petition for Contested Divorce can be filed at the Family court of the city where they last lived together, such as their marital home, where the marriage was solemnized, or where the wife currently resides.
While the courts usually agree to the decision of the parents in a mutual consent divorce, the courts are expected to see to the best interest of the child. In a contested divorce, the courts will examine the ability of the mother or father to be a parent to the child, for example. Usually, the court provides the custody of their children to non-working mothers, but the fathers are expected to provide financial support.
The very first step in initiating divorce proceedings is sending a divorce notice to your spouse. This is a formal communication to clarify your intentions to discontinue the relationship.
