Contested Divorce:
In a contested divorce, you must state a reason for wanting a divorce from your spouse and prove in court that your reason is valid enough to obtain a divorce.
Grounds for Divorce:
- Physical violence, mental cruelty, or abuse of any kind
- Insanity
- Incurable disease, such as leprosy
- Infidelity
- Abandonment by your spouse
- Conversion to another religion
- Renunciation of the world and becoming a saint
- Impotence
- Living apart for more than seven years
Procedure for Filing for Contested Divorce:
- Contact a lawyer: Find a good lawyer from Adarsh Singhal and Its Associates and discuss your case candidly.
- Drafting the petition: Your lawyer will begin drafting the petition for contested divorce.
- Filing the petition: The petition is then filed in the family court, and you will receive a copy of the petition.
- Issuing summon or notice: Your case will be listed, and the court will issue a summon or notice to your spouse.
- Reply from spouse: Your spouse is required to file a reply. If they do not appear in court on the scheduled hearing date, the court proceeds ex parte, meaning in the absence of the other party.
- Framing issues: The court frames issues, meaning points of adjudication. Both parties provide their evidence on these issues.
- Submission of evidence: The first evidence is filed by the petitioner. The lawyer of the other party will cross-examine the witness.
- Evidence from the other party: Evidence of the other party is then filed.
- Court arguments: The case is argued in court.
- Decree of divorce: Once the case is proven successfully, the court grants the decree of divorce.