What is Contesting Divorce ?
The divorce provides legal solution for the Wife and Husband who are not able to resolve their marital issues by mutual cooperation. In Contesting Divorce either party (Wife or Husband) has to rely on one of the grounds provided under the law. Hindu Marriage Act,1955 provides ground for divorce for Hindus which includes Sikh, Jain and Budh religion.
Grounds for Divorce under Contesting are as under:-
- Divorce on the ground of Adultery
- Divorce on the ground of Cruelty
- Divorce on the ground of Desertion
- Divorce on the ground of Virulent and Incurable form of leprosy
- Divorce on the ground of Venereal disease
- Divorce on the ground of Unsoundness of mind or mental disorder
- Divorce on the ground of Renounce the World
- Divorce on the ground of Not heard for a period of seven years or more
- Divorce on the ground of Conversion to another religion
In the contested Divorce, either party (Wife or Husband) has to filed petition in the Hon’ble Court on the grounds above mentioned and after scrutiny of the petition, the Hon’ble Court will issue notice to the respondent/opposite party for his/her appearance by specifying the date of his/her appearance in the court either personally or through an Lawyer/Advocate.
On receipt of such notice from the Hon’ble Court, the respondent has to appear in the Hon’ble Court either personally or through an Advocate/Lawyer and have to file the counter to the averments mentioned in the Petition by the Petitioner.
Once the respondent appears in the court, the Hon’ble Court will try to resolve the disputes by sending both the parties (Wife and Husband) to the Mediation Centre/Counseling, where the Counselors try to resolve the disputes between the parties (Wife & Husband). If the disputes are resolved, the counselors refer the Petition back to the Hon’ble Court, with a report that, both the parties have resolved the disputes and the petition for Divorce will be withdrawn by the petitioner.
If the disputes between both the parties (Wife & Husband) are not resolved in the Mediation Centre/Counseling, the Counselors refer the petition to the Hon’ble Court, by mentioning the disputes are not resolved. On receipt of such report from the Counselors, the hon’ble Court pass orders on the respondent to file their counter to the allegation/averments/pleadings mentioned in the Petition by the Petitioner.
Party who filed the contesting Divorce has to file his evidence (Trial) in support of his/her allegations and will be cross examined by the other side counsel and subsequently the other side i.e., the respondent has to lead the evidence in her/his support and the cross examination will be done by the petitioner Lawyer/Advocate.
After completing the both sides evidence and cross examination, final arguments (oral or written) will be submitted by the Lawyer/Advocate infavour of their parties.
Then the Hon’ble Court pass Judgement and Decree accordingly basing on the allegations, evidence and documents filed in support of them.