Contested Divorce

Marriage is regarded as a sacred institution in India, but sometimes couples find themselves in untenable situations that lead to the dissolution of their marital bond. The legal process for ending a marriage in India is governed by various laws and regulations, primarily the Hindu Marriage Act of 1955, the Special Marriage Act of 1954, and the Indian Divorce Act of 1869. This essay explores the intricacies of contested divorce in India, including the laws, grounds, common reasons for divorce, and procedural aspects.

Laws Governing Contested Divorce in India:

• The Hindu Marriage Act of 1955: This Act primarily applies to Hindus, Buddhists, Sikhs, and Jains, who are not governed by separate personal laws. Under this Act, divorce can be sought on specific grounds.
• The Special Marriage Act of 1954: This Act is applicable to individuals from diverse religious backgrounds who choose to marry under its provisions. It provides for divorce on grounds similar to those outlined in the Hindu Marriage Act.
• The Indian Divorce Act of 1869: This Act applies to Christians in India and governs divorce proceedings among them. It prescribes specific grounds for divorce.

Grounds for Divorce in India:

Contested divorces in India are typically filed on specific grounds, as outlined in the respective marriage acts:

1. Adultery: One of the most common grounds for divorce is adultery. Adultery refers to the voluntary sexual intercourse of a married person with someone other than their spouse. The burden of proof lies with the petitioner.
2. Cruelty: The Act defines cruelty as any conduct that causes mental or physical suffering to the petitioner, making it unreasonable to expect them to live with the respondent. This cruelty can be physical or mental.
3. Desertion: If one spouse abandons the other for a continuous period of at least two years, it can be considered grounds for divorce. The petitioner must prove that the desertion occurred without reasonable cause.
4. Conversion: If a spouse converts to another religion and ceases to be a Hindu, Buddhist, Sikh, or Jain, this can be grounds for divorce. However, the conversion must have taken place after the marriage.
5. Mental Disorder: If one spouse suffers from a mental disorder of such a nature that they are unfit for marriage and have been under continuous treatment or confinement for at least two years, this can be grounds for divorce.
6. Venereal Disease: A spouse suffering from a communicable venereal disease can be grounds for divorce, provided the disease was present before the marriage or contracted after it.
7. Renunciation of the World: In cases where a spouse renounces the world by entering a religious order, divorce can be sought. However, this renunciation must occur within two years of marriage.

Procedure for Contested Divorce in India:

The procedure for contested divorce in India is often lengthy and involves multiple stages:

1. Consultation with a Lawyer: The process begins with consulting a family lawyer who specializes in divorce cases. The lawyer assesses the grounds and advises on the best course of action.
2. Filing the Petition: The petitioner files a divorce petition in the appropriate family court, stating the grounds for divorce and providing necessary evidence.
3. Serving Notice: The court issues a notice to the respondent, informing them of the divorce petition. The respondent is given time to respond and contest the divorce.
4. Counseling and Mediation: In some cases, the court may refer the couple to counseling or mediation to explore the possibility of reconciliation.
5. Trial: If reconciliation fails, the case proceeds to trial. Both parties present their arguments and evidence, and witnesses may be called.
6. Judgment: The court delivers its judgment based on the evidence and arguments presented. If the court grants the divorce, it also decides on issues such as alimony, child custody, and property division.
7. Appeal: Either party dissatisfied with the judgment can file an appeal in a higher court.

Conclusion:

Contested divorce in India involves a complex legal process governed by various marriage acts. The grounds for divorce encompass a range of factors such as adultery, cruelty, and desertion. The procedure can be lengthy and emotionally taxing, involving legal consultations, counseling, mediation, and a trial. The laws and procedures aim to provide justice and ensure the fair resolution of disputes between estranged spouses, recognizing the changing dynamics of contemporary Indian society.

How We Can Help in Divorce Proceedings:

Wazir Solicitors has a highly competent team and has emerged as one of the best divorce lawyers in India. From mutual consent to contested divorce, and from NRI divorce cases to transfer petitions, Wazir Solicitors has expertise in handling all types of divorce cases. We also assist our clients by providing cost-effective, customized solutions for divorce-related issues such as child custody, jointly owned property, and maitenance, grounds for divorce, and domestic violence, among others.

If you have further questions or need advice or legal assistance, feel free to Contact Us or reach out by Email Us. Alternatively, you are welcome to book an Appointment or send us an online Legal Query.