top of page
Writer's pictureLead India
Nov 14, 20223 min read

Contested Divorce Time Period In India

The divorce that is most frequently witnessed in India is a contested divorce. People are gradually choosing to leave unhappy marriages and entering healthier ones as they become aware of their unpleasant reality.


Grounds:

One of the hardest and most difficult decisions a person can ever make is to end a marriage, thus it is important to proceed with prudence. When difficult issues in a marriage are not resolved, it might deteriorate and end in divorce. Divorce can occur for a number of grounds, including:

  • Cruelty: At first, cruelty was not considered a valid reason for divorce. But now that the Hindu Marriage Act of 1976 has been amended, it is regarded as a legal basis for a contested divorce in India. Cruelty can easily be linked to negative effects on the body and the mind. It could cause the particular spouse either direct or indirect harm. Most divorces in India are granted on the grounds of cruelty, or when a husband or woman physically abuses their spouse.

  • Adultery: A valid cause for filing for divorce on behalf of the partner who was not involved is when one partner engages in sexual activity with someone other than their partner. They must support the partner's accusation on this premise. Since it can be difficult to find precise evidence in certain situations, the most likely proof can be taken into account.

  • Desertion: In the most basic terms, desertion may be described as a long time of neglect on the side of one spouse by the other. It cannot be inferred on the desertion ground for a contested divorce if this neglect is a result of their consent. If the petitioner could show there was nothing left between them other than sharing a roof, it may also be a viable reason for divorce.

  • Conversion: Another reason for a contentious divorce in India is the change in one spouse's religion. However, not all laws recognize this as a legal justification. Despite being recognised as a valid ground under the Hindu Marriage Act of 1955, the dissolution of the Muslim Marriage Act of 1939 and the Special Marriage Act of 1954 does not consider it a valid ground. This privilege only applies to those who were coerced into converting to another religion; it does not apply to those who are already members of that religion.

  • Mental Disorder: If a person's mental health cannot be improved and is deteriorating day by day, there is a legal basis for the partner to request a divorce from the marriage. It could be interpreted as a situation where the husband or wife is unable to manage themselves. If a spouse wants to apply for divorce on the basis of mental illness, they must first establish that condition.

  • Communicable Venereal Diseases: Get familiar with the definition of venereal disease before trying to understand the context. Venereal illnesses, sometimes known as STDs, are conditions that spread during sexual activity from afflicted persons to healthy ones. According to all divorce laws, this ground is acceptable for dissolving a marriage. This property's primary goal is to protect the spouse against venereal disease.

Time Period:

As the name suggests, a contested divorce involves a very drawn-out and difficult process where one person is ready to separate but the other partner does not want to separate. A disputed divorce requires a lengthy process since the spouse seeking the divorce must first carefully select the attorney who will defend their needs and interests in court. Before submitting a petition for contested divorce, the spouse making the allegations against their spouse must be able to gather enough proof and witnesses to make their petition unfeasible. Such a petition's preparation is a labor-intensive task that takes some time to finish.

Following the petition's filing in court, the judge hears the claims and defenses made by both parties and only continues on with the petition if satisfied. Various hearings take place over the course of months, and they may last years if all the evidence and witnesses are presented and thoroughly examined. In addition to providing one side of the story, the procedure also provides the other spouse a fair opportunity to defend themselves.

A contested divorce case normally takes two to three years to complete, and in highly complex situations, up to five years. If the dissatisfied spouse then files an appeal against the family court's decision with the high court, the entire procedure is wasted and it may take a while for the divorce to be finalized.

Before filing for contested divorce one should consult a lawyer. If the couple is living in Ghaziabad then the divorce lawyer in Ghaziabad can be consulted. Divorce advocate in Jaipur can also be consulted if any one of the persons lives in Jaipur. Divorce lawyer in Cuttack can also be consulted if divorce petition is filed in Cuttack.


Call Us: +91-8800788535

1 view0 comments

Comments

bottom of page