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Contested Divorce

A contested divorce occurs when one or both spouses disagree on key aspects of the divorce, such as child custody, alimony, or property division. Unlike a mutual divorce, it involves litigation, where the court intervenes to resolve disputes. Contested divorces are typically more time-consuming and emotionally challenging but are sometimes necessary to ensure fairness.

Key Features of a Contested Divorce

  1. Disagreement Between Parties:

    • Disputes on issues like financial settlements, custody, or grounds for divorce.

  2. Court Intervention:

    • The court evaluates evidence and makes decisions to resolve conflicts.

  3. Grounds for Divorce:

    • Specific legal grounds, such as cruelty, desertion, or adultery, must be established.

  4. Legal Representation:

    • Lawyers play a crucial role in presenting each party’s case.

Common Grounds for Contested Divorce

  1. Cruelty:

    • Physical or mental harassment causing suffering to the spouse.

  2. Adultery:

    • Extramarital relationships.

  3. Desertion:

    • Abandonment of one spouse by the other without reasonable cause for a continuous period (usually two years).

  4. Impotency:

    • Inability to consummate the marriage.

  5. Conversion of Religion:

    • Changing religion without the spouse’s consent.

  6. Mental Illness:

    • Severe mental disorder making marital life impossible.

  7. Communicable Disease:

    • Diseases such as leprosy or HIV.

  8. Irretrievable Breakdown of Marriage:

    • When the marriage has broken down beyond repair.

Procedure for Filing a Contested Divorce

  1. Filing the Petition:

    • The spouse initiating the divorce files a petition in the appropriate family court.

  2. Serving Notice:

    • The court issues a legal notice to the other spouse to appear.

  3. Response by the Other Party:

    • The other spouse files a response or counterclaim, stating their side.

  4. Evidence Submission:

    • Both parties submit evidence and witnesses to support their claims.

  5. Court Hearings:

    • Multiple hearings are conducted to evaluate the evidence and arguments.

  6. Judgment:

    • Based on the evidence and legal principles, the court passes its judgment.

Documents Required

  1. Marriage Certificate

  2. Address Proof of both spouses

  3. Income Proof:

    • Salary slips, bank statements, or tax returns.

  4. Proof of Grounds:

    • Evidence to support the grounds for divorce (e.g., medical records, photographs, correspondence).

  5. Identity Proof:

    • Aadhaar, passport, voter ID, etc.

  6. Child Custody Documents:

    • School records, medical reports (if applicable).

  7. Property Documents:

    • Details of jointly owned properties or assets.

Challenges of Contested Divorce

  1. Time-Consuming:

    1. Can take several years due to legal procedures and disputes.

  2. Emotional Strain:

    • Involves prolonged stress for both parties and their families.

  3. High Costs:

    • Legal fees, court costs, and other expenses.

  4. Uncertainty:

    • Outcomes are decided by the court, which may not satisfy both parties.

Benefits of Contested Divorce

  1. Fair Resolution:

    • Ensures that both parties’ rights are protected.

  2. Legal Enforcement:

    • Court orders are binding and enforceable.

  3. Clear Custody Terms:

    • Decisions regarding children are based on their best interests.

  4. Property Division:

    • Equitable distribution of assets.
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Frequently asked Questions

It may take anywhere between 1 to 5 years, depending on the complexity of disputes.

While legally possible, it is not advisable due to the complexity of divorce cases.

The court may proceed ex-parte, meaning it will hear only the petitioner’s side.

Yes, the court can issue interim and final custody orders during the proceedings.

Costs vary based on legal fees, court fees, and other expenses.

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