top of page
Writer's pictureLead India
Dec 5, 20223 min read

How to File Contested Divorce Online?

The laws governing divorce by mutual consent, divorce in general and the divorce procedure are influenced by religion in India, as they are with the majority of private concerns. The Hindu Marriage Act of 1955 governs the divorce process for Hindus, Buddhists, Sikhs, and Jains. The Dissolution of Muslim Marriages Act of 1939 governs divorce for Muslims. The Parsi Marriage and Divorce Act of 1936 govern divorce for Parsis. The Indian Divorce Act of 1869 governs divorce for Christians. The Special Marriage Act of 1956 regulates all civil and intercommunity weddings as well as the divorce process.


Couples who have been living apart or believe their marriage is finished due to other circumstances may satisfy the court to obtain the decree of separation by mutual consent by submitting a petition for divorce and going through the divorce process. According to Section 13-B, which addresses mutual consent divorce, a petition for the dissolution of the marriage by a decree of divorce by mutual consent may be presented to the district court if the parties have been living separately for at least a year and agree to end their marriage by way of mutual consent divorce. It is occasionally referred to as "No-fault divorce."

Despite the fact that courts may interpret these grounds broadly, Section 13 of the Hindu Marriage Act, 1955 specifies the grounds for divorce. Remember that divorce is not often supported or encouraged by the court and is only granted for very significant and grave grounds when interpreting Section 13's requirements. When assessing Clause 13(1)(i), courts found that "continuing a marriage would be cruelty within the sense of this section when the marriage is dead, emotionally and practically, and there is no hope of it being retrieved."

Right now, there is no such procedure for filing an online contested divorce. Contested divorce includes a lot of procedures which are offline and which need to be followed.


Procedure:

  • You must decide what you want. You need to decide if the time is suitable for it. Think again. Consider carefully.

  • You should look for a reputable divorce attorney. He ought to be an authority on the subject, trustworthy, and commanding in court. Meet your attorney. You honestly discuss the situation with him. You must choose a divorce lawyer or divorce law business after your meeting. The Contested Divorce Petition is then drafted by your divorce attorney.

  • Before the Family Court, a divorce petition is filed.

  • Your divorce case is scheduled for a first hearing, also known as an admission hearing, after you file. The Court notifies or summons the opposing party.

  • Your spouse must submit a written statement or reply. The court may continue the case without your spouse if he or she refuses to appear in court after receiving a summons. Ex parte divorce proceedings are a phrase that is regularly used.

  • Courts define problems. The Family Court's points of adjudication are called issues. On these points/issues, the parties provide their evidence. Not on everything, either.

  • The spouse who submitted the contested divorce petition first files the evidence. During cross-examination, the other party's counsel asks the witnesses questions.

  • This is followed by the Respondent's evidence.

  • Following both parties' testimony, the case is scheduled for closing arguments.

  • The case is scheduled for decision after the Court hears closing arguments.

  • When the matter is successfully proven, a divorce decision is issued.

Place of filing divorce:

Either of the following locations may be used to file a contested divorce case:

  • The location of the marriage

  • The location of the couple's most recent joint residence C.

  • The address of the respondent (the other party) D.

  • If the wife is filing for a disputed divorce, the location of the woman at the time the petition is filed.

It has been abundantly evident as we have examined the stages of proceedings and reasons for a contested divorce that they are essentially the same for spouses who are subject to different religious traditions and their own marriage laws. However, some grounds are only covered by a few Acts and are not covered by other laws. The possibility of reconciliation must be taken into consideration by the parties in light of the protracted nature of the legal process and its procedural shortcomings.

For contested divorce one needs to appoint a lawyer. If the couple or any one of the persons lives in Kolkata then divorce lawyers in Kolkata can be appointed. Likewise, Divorce lawyers in Jaipur can be appointed if the person lives in Jaipur. You can also take free legal advice from lawyers.


Lead India provides a wide range of expertise and legal services. You can ask a legal question about divorce here. To get the best advice, speak with a lawyer. Our legal team understands the law and can assist you in making informed decisions. Our legal team also offers free legal advice online.


Call Us: +91-8800788535

4 views0 comments

Comments

bottom of page