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Contested Divorce

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What Are The Grounds Available For Divorce?

  • 1. Section 13(1) provides for the following grounds of divorce available to both, husband and wife:

    i. The respondent has had voluntary sexual intercourse with another person, after the solemnization of the said marriage.

    ii. During the marriage, the petitioner has been treated with cruelty which may either be mental or physical.

    iii. The petitioner has been deserted by the respondent for a continuous period of more than 2 years.

    iv. The respondent has ceased to be a Hindu by converting into any other religion.

    v. The respondent is-

    Suffering from an incurable and virulent form of leprosy;

    Of unsound mind which is incurable;

    Suffering from such a mental disorder that it shall be unreasonable to expect the petitioner to cohabit with the respondent.

    Suffering from a venereal disease which is in a communicable form.

    Suffering from an incurable and virulent form of leprosy.

    vi. The respondent has renounced the world by entering any religious order,

    vii. The respondent has not been heard of as being alive for a period of minimum 7 years by those who would have heard in the natural state of events.

    viii. If there has not been any cohabitation for a period of minimum period of 1 year after the decree of Judicial Separation was passed by the competent court.

    ix. If there has not been restitution of conjugal rights for a period of minimum 1 year a decree of restitution of conjugal rights has been passed by the competent court.

  • 2. The wife has been provided with some additional grounds under Section 13(2) to file for divorce:

    i. The respondent husband has been guilty of rape, sodomy or bestiality, after the solemnization of the marriage

    ii. If the marriage was solemnized before the wife had attained the 15 years of age and she has repudiated the marriage upon becoming of 15 years but before turning 18 years (consummation of the marriage does not matter).

What Is The Procedure For Filing A Divorce Petition?

  • The Act states that a divorce petition must distinctly state the nature of the case and the claims of relief.
  • The assistance of a good attorney must be taken for the drafting of the Divorce Petition in a detailed manner as prescribed by the law along with all the required documents and evidence.
  • The statements contained in the petition should be verified by the petitioner or some other competent person as per the law with a statement that there is no collusion between the parties (husband and the wife).
  • 4. The petition must mention the

    a. details of the parties,

    b. the date and place of solemnization of the marriage and the rituals followed,

    c. status and place of residence of the parties (together or separated and since when),

    d. children out of wedlock,

    e. the financial status of the parties and the dependency,

    f. the grounds of divorce and facts being relied upon,

    g. details of any previous attempt at reconciliation, and

    h. the relief being claimed with respect to marriage, children, and maintenance.

  • It is possible that the court may pass an ex-parte order if the respondent does not appear within the stipulated time period.
  • The Court follows the procedure laid out through the Civil Procedure Code for the Divorce Petition. The Courts aim for bringing the parties to a settlement to save the sanctity of marriage.
  • A decree of divorce passed by the Family Court or any other competent court can be appealed against in the High Court within a period of 60 or 90 days as applicable.

Where Should The Divorce Petition Be Filed?

The Government established Family Courts through the Family Courts Act 1984 in many districts. A Petitioner has to approach these to file for a divorce. For the districts which do not have Family Courts established, the petitioner should approach the District Court of the jurisdiction. The Jurisdiction where the petition for divorce may be filed is-

  • The place where marriage was solemnized,
  • The place where wife and husband last resided together,
  • The place where the wife is residing at the time of filing of the Petition, or
  • The place where the husband is residing at the time of presentation of the petition.

What Do We Help You With?

A Caveat remains in force for a period Ninety days (90) from the date of filing.

  • Our expert professions will guide you throughout the procedure by providing you with the best advice.
  • We will assign you a Case Manager who shall help you will the drafting of the terms and conditions to be mentioned in the Divorce Petition.
  • We will find you the best Lawyer as per your jurisdiction.
  • At every stage of the trial, till its finality, you shall be notified of the updates of the case.
  • We shall keep track of the lawyer assigned to you so that you face no troubles.

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