We connect you to a well-experienced
After understanding the case, the lawyer
will file the divorce application
Our team will support you throughout the
procedure from start to finish
We connect you to a well-experienced divorce lawyer
After understanding the case, the lawyer will file the divorce application
Our team will support you throughout the procedure from start to finish
A couple can either get a divorce with mutual consent, or either spouse may file for divorce without the consent of the other. The second case, where the divorce is not mutual but initiated by one party alone, is what is known as a contested divorce.
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 than 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 hismarriage) 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.
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We are delighted to welcome you to the vakilsearch family. Divorce is a difficult decision for both husband and wife. If you have decided to separate, we can help make the whole process as painless and as swift as possible.
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.
With a contested divorce, the partners will have to go through numerous steps before the divorce is finalized, including:
Divorce — especially ones that are contested—are complex. Therefore, spouses in a contested divorce should definitely speak with an experienced divorce lawyer who can inform them of their legal rights and ensure they are fully protected.
Feel free to reach out to me if you have any questions whatsoever.
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