Divorce is a process to end a marriage legally when either or both the spouses are unable to live together as a couple. Divorce in India can be of two types- contested divorce and divorce by mutual consent.
A contested divorce, also known as one-sided divorce, is filed when one of the spouses wish to get a divorce, without the consent of the other spouse. There are several grounds on which a contested divorce can be filed.
The reason should be one which can be attributed to the spouse whose conduct, actions, and behaviour has irritated the other spouse to the extent that he/she decides that living together is no longer possible.
There are various grounds to seek a divorce from your spouse, some commonly used grounds are:-
Divorce on the ground of cruelty.
Divorce on the ground of adultery
Divorce on the ground of the desertion.
The above list is not comprehensive; other grounds such as unsoundness of mind, civil death, etc. can be sought to seek and start a contested divorce in India
Process for filing Contested Divorce in India:
Find a lawyer with expertise in this subject matter and has integrity and strong court presence. Discuss the facts of the case.
- A place of marriage
- Place where spouse last resided together
- Place where the other spouse resides.
Take a call on whether to proceed or not with the divorce.
Drafting of the Contested Divorce petition should be done in precise form.
Process of filing must take place in an appropriate court.
Contested divorce must be filed at either of the following places:
After filing the case, one should check that the matter is listed in the court for the first hearing/ admission hearing.
Court issues the notice/ summons to the other party.
The opposite party will be filing the reply. If the opposite party fails to come, despite service of notice, then the court may proceed the matter in the absence of the other party which is called ex- parte proceeding.
The family court frames issues. The issue refers to the point of adjudication by the court and on which parties have to give their respective evidence.
Evidence of spouse filing petition for contested is done first, then the cross-examination of the witness is done by opposite party lawyer.
Later the matter is out for final arguments.
After arguments, the matter is listed for passing the judgement.
On successfully proving the case, a divorce decree is granted.