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CONTESTED DIVORCE

 

contested divorce

Contents

CONTESTED DIVORCE

WHAT IS CONTESTED DIVORCE ?

As the name suggests, you will have to contest it. A contested divorce is the divorce which is filed by one of the party (Husband or Wife) and other side opposes it. A contested divorce is also called one-sided divorce petition as the said petition is filed by one party in the family court and defended (Contested) by the other. The very simple meaning of the Contested divorce in India is Husband filed Divorce against his wife and the Wife is opposing the same and vice-versa.

WHAT DIVORCE MEANS? 

Divorce is the legal process by which one can dissolve his or her marriage by filing divorce papers in Family court with help of a divorce attorney. The simple meaning of Divorce is the termination of a marriage by the husband or wife. Marriage is an institution recognized by the society for the union of one male and female as husband and wife, and wherein interpersonal relation is sanction by our society for having a relationship with each other, having family and children. Divorce is ending the matrimonial relationship legally by the following divorce process.

DIVORCE AND CHILD CUSTODY

Custody of a toddler, when parents divorce, only implies with whom the kid will physically reside. However, both parents still will be natural guardians.

During the said divorce process with help of divorce, attorney parties resolve many questions like child custody, property rights, alimony, maintenance etc before preparing divorce papers. Once the divorce is finalized by the court by passing the divorce decree, parties are free to remarry as the divorce process ends. Don’t search child custody lawyers near me, just call us and we will guide you as we provide best child custody lawyers.

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WHY DIVORCE HAPPENS?

Research has found the foremost common reasons people give for his or her divorce are lack of commitment, excessive arguing, infidelity, marrying too young, unrealistic expectations, lack of equality within the relationship, lack of preparation for marriage, and abuse.

i want a divorce 

my wife wants a divorce

i want to divorce my husband

i want to divorce my wife

wife wants a divorce

husband wants divorce

i hate my husband and want a divorce

i hate my husband and want a divorce

 

Thinking about Divorce papers and divorce process????  Lets understand how to file divorce and procedure for contested divorce in India :

WHEN ONE CAN APPLY FOR CONTESTED DIVORCE IN INDIA ?

  1. When husband or wife unable to stay with each other for reasons which are stated in the act as grounds. 
  2. They are separated or wants to get separated.
  3. The aggrieved spouse wants to terminate the marriage by filing a divorce proceeding but the other spouse do not wish to dissolve the marriage.

Where Divorce can be filed ?

Divorce papers can be filed in the family court which jurisdiction covers any of the following prerequisites :

  • The place where marriage is solemnized.
  • The place where husband and wife last resided together.
  • The place where husband is residing after separation.
  • The place where wife is residing after separation.

Thinking divorce papers…

Here is the list of required documents for divorce involved in the divorce process:-

  1. Certificate of Marriage from concerned Marriage Registration office or authority established by the state government.
  2. AADHAR Card or room rental agreement of Husband and Wife as Address Proof.
  3. Marriage Photograph.
  4. Information of parties like background and financial status and employment details to be mentioned in contesting divorce petition/ Divorce papers.
  5. Evidence related grounds of divorce. Proofs which are the basis of allegation you are making in Divorce Petition.
  6. Passport size photo of Petitioner to be pasted on divorce papers.

 

THE FOLLOWING ARE THE GROUNDS FOR DIVORCE UNDER THE HINDU MARRIAGE ACT, 1955.

  • ADULTERY

  The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery.

  • CRUELTY

  A Spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that cause danger to life, limb and health.

  • CONVERSION

In case either of the two converts himself/herself into another religion.

  • DESERTION

If one of the spouses voluntarily abandons his/her partner for at least a period of two years.

  • MENTAL DISORDER

Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity.

  • LEPROSY

In case of a ‘Virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.

  • VENERAL DISEASE

If one of the spouses is suffering from a serious disease that is easily communicable, divorce papers can be filed by the other spouse.

  • RENUNCIATION

A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.

  • NOT HEARD ALIVE

If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead.

  • NO RESUMPTION OF COHABITATION

It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.

However, grounds for divorce under Muslim Law, Christian Law, Parsi Law are different.

LAW ABOUT DIVORCE LAW :

Since we have different religions, Hence laws of divorce are different for religion..

  • Special Marriage Act,1954 is applicable to the citizen in India who marry a person from different castes and religions. (Inter cast and Inter-Religion Marriages).
  • Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872 is applicable to Christians.
  • Hindu Marriage Act,1955 is applicable for Hindus and same includes Jain, Buddhist, Sikh religion.
  • The Parsi Marriage & Divorce Act-1936 is applicable to Parsi.
  • The Dissolution of Marriage Act,1939 & The Muslim Women(Protection of Rights on Divorce) Act,1986 is applicable to Muslims as it is their Personnel laws of Divorce.

STEPS FOR A DIVORCE AND PROCEDURES FOR DIVORCE TO BE FOLLOWED :-

 

Following are the steps to divorce and procedure for divorce to be followed with help of a Divorce Lawyer. Divorce procedure Mumbai or other cities are almost same.

  • APPOINTING CONTESTED DIVORCE LAWYER :

When you will decide to go for divorce, very first step in divorce process is appointing a good divorce attorney in your city.  Shreeyansh Legal is a family law firm that provides contested divorce lawyers in Mumbai, top divorce lawyers in Navi Mumbai, divorce lawyer Thane.

  • DIVORCE NOTICE THROUGH DIVORCE ATTORNEY:

When you decide there must be some reasons for the same and its a work of contested Divorce Attorney who knows about divorce law to check which grounds for divorce given by the family law it fits and accordingly send notice to spouse with all allegations and grounds for divorce and calling upon other side for Divorce and dissolution of marriage.

  • DISCUSSION AND SETTLEMENT :

Sometimes instead of giving reply spouse directly responds to spouse and discuss the issue and either go for settlement or divorce mediation. Sometimes spouse also desire to end the marriage but due to lack of communication it could not be conveyed, in such situation spouse either directly or through their respective divorce attorney settle the dispute amicably and file mutual consent divorce in family court. A divorce attorney will help to create a consent term to be filed in Family court for amicable i.e divorce with mutual consent divorce and this mutual divorce is the only way to get quick divorce as it takes only 6 months.

  • FILING A DIVORCE THROUGH EXPERIENCE divorce attorney :

Sometimes spouse decide to give reply to all allegations mentioned in Divorce notice or gives no reply to notice. In such situation, you have to file divorce papers in family court with all facts and grounds for divorce.

  • ISSUE OF SUMMONS :

Issue of summons is the main aspect of divorce procedure in India wherein after filing court sends intimation by its notice to the spouse on the address he or she residing after separation or at residence if they are separated, along with divorce papers in form of divorce petition.

Court sends summons to spouse to attend the Court to appear and give reply on Divorce Petition in family court. Its an important step in divorce because if notice is not served on the spouse divorce proceeding will not start.

  • MEDIATION IN DIVORCE CASES :
Mediation in divorce cases in India plays the biggest role to maintain our culture and institution of marriage and its sanctity. Today’s also in India most of the people prefer arrange marriage as it has a shield of 2 families and people who love us who try to save the marriage in any bad patch couples have and same is called Mediation. After lawyer mediation, the next which works is mediation rounds in a contested divorce in Family court. 
After service of summons when both parties attend the court, before proceeding with divorce process, Court sent both the parties to the mediation where well-trained mediator discuss the dispute with both husband and wife and make them rethink their decision. After few rounds of mediation, if the parties are not ready to settle their dispute, the mediator informs the same court and the trial begins.
Sometimes parties have family lawyers who handle all the matters of the family for decades. In such situation, parties should opt for family lawyers instead of other divorce attorney cause only family lawyers could take more personal interest in the matter and try to resolve the dispute speedily as family attorney are family members of the parties. In lockdown divorce cases increased and women become more subject to cruelty which created need of divorce advice for women. In Lockdown you can file for divorce online through portal available for filing for divorce where you can divorce papers online.

  • WRITTEN STATEMENT AGAINST DIVORCE PETITION :

When the counselling/mediation process fails the divorce process starts, the divorce process begins with filing of reply through his or her lawyer who is family law expert. It is also called Written statement against divorce petition from other side whereunder other side gives reply to all allegations made in divorce papers and makes counter-allegations. 

  • EVIDENCE AND CROSS EXAMINATION OF THE PETITIONER :

After reply next step is to file evidence and documents in support and other side Advocate will cross examine petitioner. Its very important stage as in this stage other side advocate will testify Petitioner for whatever allegation made by him or her in contested Divorce Petition. Its a key to the success and Sheeyansh Legal provides best divorce lawyers in Mumbai, Thane and Navi Mumbai who are masters of cross-examination.

  • EVIDENCE AND CROSS EXAMINATION OF THE OPPOSITE SIDE:

After cross of the petitioner other side will file evidence and documents in support and Petitioner Divorce Attorney will cross-examine the opposite side.

  • FINAL ARGUMENTS :

This is the final stage in divorce proceedings where divorce attorney appointed by the both sides conduct argument on the basis of the evidence and documents they have and points they have got while cross-examination against each other. Conducting an argument needs a lot of experience and Shreeyansh legal provides contested divorce lawyers in Mumbai, good divorce lawyers in Navi Mumbai, divorce lawyer Thane who conducts effective arguments in a well efficient manner in court.

  • JUDGEMENT :

After hearing both sides court gives the final order/divorce decree on the Contested divorce filed i.e Final Judgement about the divorce granted or not granted. In this case party affected by the Judgement could approach higher court by filing Appeal. After 3 months of the judgement divorce decree will be issued by the court.

DIVORCE AND ANNULMENT –

The difference between a divorce & annulment is that divorce dissolves a legally valid marriage, while an annulment declares marriage been legally invalid.

Divorce: Ending a legally valid marriage. The divorce ends a legal marriage and gives the spouses the status of single again.

Annulment: Process of declaring the wedding null and void which declares that marriage was never legally valid.

References and more to read :

Our Opinion is before divorce think twice. divorce is not an option…

 

Source- TEDx Talk

CONTESTED DIVORCE COST IN INDIA AND HOW LONG DOES CONTESTED DIVORCE PROCESS TAKE:

contested divorce cost in India depends upon the court to court. As Indian courts are overburden with a lot of matters, It takes too much time for disposal of the matter. Sometimes everything resolves at the mediation stage and the matter dispose off due to an amicable settlement or sometimes it takes more than 5 years. After filing the Contested Divorce both spouse needs to undergo from the above step-wise divorce process and due backlog at the family court divorce proceeding consumes too much time and it is unavoidable.

Due to today’s busy life and corporate culture, there are increasing numbers of divorce in court and due to less courts to handle big number of cases there is a delay in every case. So it can not be predicated contested divorce cost in India.

Since male abuse case and false 498a case are rising which creates the need of divorce advice for men.

CONTESTED DIVORCE COST IN INDIA:

Cost for contested divorce/ preparing divorce papers/service of divorce attorney/ Divorce lawyer cost varies from person to person, case to case. We charge partly or one time fees too depending upon client.

COMMON QUESTIONS:

second marriage without divorce is legal?

No, second marriage without divorce is legal and if you do that wife from the second marriage will not get rights in the husband property after his death, however, a child from the second marriage have rights to the fathers property.

Is divorce after 10 years of separation possible?

Divorce after 10 years separation is possible on the sole ground of desertion for 10 years.

When divorce can be filed?

Whenever the above-given cruelty happens with you, you can first go for mediation, or involve your family lawyer and members to resolve the dispute, if even after the mediation problem not resolved, you can first send a Divorce notice through a divorce attorney and if there is no change in the behaviour of the partner even after that then you can file a divorce and this is how divorce works in India.

After divorce who gets the child?

Mostly mother gets the custody of the child in normal circumstances, but if the husband proves before the court that wife is not fit to maintain child, he could get custody, but there are multiple things which are considered for child custody.

Is without divorce second marriage possible?

No, without divorce second marriage is not possible because without legally divorce second marriage becomes illegal. Parties have to go for divorce process for second marriage. Without divorce settlement agreement is also not valid if any parties opted for the same to avoid going court.

 

Divorce Court Near Me

LIST OF FAMILY COURTS IN MUMBAI, THANE AND NAVI MUMBAI :

FAMILY COURT THANE :-

Family Court, Thane, 2-C, Old Pune Rd, Dhobi Ali, Charai, Thane West, Thane, Maharashtra 40060

CLICK HERE TO FIND FAMILY COURT THANE ON GOOGLE MAP.

FAMILY COURT IN MUMBAI :-

Bandra Family Court,  VSNL Colony B Wing, E-Block, Bandra Kurla Complex Rd, Bandra Kurla Complex,

Bandra East, Mumbai, Maharashtra- 400051.

CLICK HERE TO FIND FAMILY COURT IN BANDRA ON GOOGLE MAP.

FAMILY COURT IN NAVI MUMBAI :-

Navi Mumbai Civil & Criminal Court, Vashi at C.B.D. Belapur, 41, Sector 15, CBD Belapur,

Navi Mumbai, Maharashtra- 400705.

CLICK HERE TO FIND FAMILY COURT IN NAVI MUMBAI ON GOOGLE MAP.

FAMILY COURT FOR PANVEL DISTRICT :-

Civil Panvel Court (New), HOC Colony, Panvel, Navi Mumbai, Maharashtra 410206.

Shreeyansh Legal provides best family court lawyer in Mumbai, a divorce attorney in navi mumbai, divorce lawyer thane. Our team has best bandra family court advocates mumbai who will assist clients in efficient manner for Contested divorce. It is an easy task to get good family court Mumbai lawyers but the question comes about transparency and credibility. Our team provides divorce lawyer in Mumbai as per the requirement of the client considering the overall factual position.

A list of the family court lawyers in Mumbai and best divorce lawyers in mumbai dealing with divorce are easily available on the internet, only thing you must convey your purpose and object to the lawyer so that he or she could help you in a better manner. So when the question comes best divorce lawyer in thane? or contested divorce lawyers near me? Don’t hesitate to take an appointment for divorce attorney from our firm to know the divorce procedures and divorce consultation.

Mostly female become victims of the marriage and bad patch and past experience create the wrong image about all males including male lawyers too and then female victims start searching for female divorce lawyers near me… Here team shreeyansh legal comes for help. We have well experienced and dashing female lawyers for fighting divorce case/ preparing divorce papers in Mumbai, Navi Mumbai and Thane.

Contact us for availing professional service of our NRI divorce lawyer mumbai / divorce lawyers in navi mumbai, divorce lawyers in Mumbai, divorce lawyer thane. 

Divorce FAQ

1. Prepare Petition through Divorce Lawyer. 2. Attach list of documents and evidence you have for the allegations you are making. 3. File the Petition in Bandra Family Court having Mumbai jurisdiction. Office for filing is on 1st floor. 4. After filing date will be given for removing objections took out by the registrar. Till that time provisional petitioner Number will be given. 5.Once objection are removed by your lawyer, final number will be given to the petition. 6. After final number is given to the petition Issue of summons to the spouse.
Convince spouse for mutual divorce and file mutual divorce. Mutual consent divorce takes 6 months and 3 hearing and less costly.
You cant do it or it will immoral. It could be possible to divorce husband without him knowing but question is what will happen when he will know that behind his back you have taken the Divorce order. He will be having right and ground to file appeal and set aside order you have got which will fail your entire effort. Hence it is not fair practice and recommendable.
It is possible only when you are out of country or having physical disability. You can file the divorce with help of Power of attorney and court will allow you to appear for hearing through video conferencing provided its a discretion of the court whether to allow above or not.
When you file divorce first you become petitioner in the divorce petition and spouse become respondent. You become the victim of your spouse before the court and you have to prove all the allegation you have mentioned against the spouse. You can not withdraw the petition without giving proper reason to court.
being separated means you are living separately from the spouse but it isn't mean that you are legally divorced or your marriage is dissolved.
Separation do not allow you to marry again and start new life. Getting divorced changes you status to unmarried and you can marry again and start new life.
You have to reply all the allegations and if his allegations are wrong and you are the actual victim then you can go for domestic violence case, File FIR under section 498A of IPC or file complaint in women commission.
If you married under Hindu Marriage Act or you should be living separately from you spouse since 1 year before divorce proceeding. If you married under Special Marriage Act you should be living separately from you spouse since 2 year before divorce proceeding.
You can get one sided divorce in India by filing contested divorce and proving all your allegation mentioned in petition supported by concrete evidence and documents.
Minimum it takes 2 to 3 years for getting divorce in India if court is not having backlog.
You can apply for ex-parte hearing means hearing of divorce without husband. Court will proceed stage wise without husband and finally pass the ex-parte decree.
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