A contested divorce occurs when just one partner wants to obtain a divorce and the other partner is unwilling to do so. One side has a few legal bases to request a contested divorce. Furthermore, according to the parties’ respective religions (personal laws) or perhaps the legislation within which separation is sought, such as the Hindu Marriage Act, Christian Divorce Act, Muslim Personal Laws, etc., the grounds may be slightly different. Here are some of the best divorce lawyer bangalore
The following list of justifications for uncontested or one-sided divorce has been discussed:
Cruelty
Indian courts have established a broad definition of cruelty. Violence can be either physical or emotional. While actual slapping, torturing, etc. constitutes physical cruelty, emotional abuse by a spouse can also represent mental cruelty.
Adultery
Even though it is no longer a crime, adultery is nonetheless a cause of separation. The spouse may request a divorce just on grounds of infidelity and adultery. Originally, a man might be prosecuted for a crime there under the Indian Penal Code when he had engaged in adultery.
Desertion
The other spouse may sue for separation on this basis when the other partner deserts them without good reason. Furthermore, the spouse who deserts the other must have had the desire to do so, and this must also be shown by proof. Hindu divorce laws stipulate that the separation must have lasted at least two years in a row.
Conversion
The other partner may seek a divorce if one partner changes their religion. Concerning this cause for divorce, no waiting period is necessary before filing.
Mental Illness
It is possible to file for divorce for this reason if one partner becomes incapable of carrying out regular daily tasks that must be undertaken in a partnership attributable to a psychiatric condition or abnormality. Therefore, it is essential that the typical responsibilities of marital life cannot be fulfilled to use this defense.
Transmissible Illness
According to Hindu Divorce Law, one partner may request a divorce if the other is suffering from a contagious illness, which includes HIV, gonorrhea, or a particularly severe or irreversible variety of leprosy, in that spouse.
Renunciation of the World
The other partner may seek a divorce if the first spouse adopts “sannyasa,” or renunciation of the world.
Presumption of Death
The other partner who is alive may attempt to get a judicial decree of separation on this basis if one partner has never been reported in the last seven years by anybody who would have known about them if they were alive.
Procedure for Filing a Contested Divorce
- Drafting the Separation Petition
- submitting a divorce application
- Examining the Petition and Notifying the Plaintiff of the Petition’s Response
- Negotiations and Settlements Evidence gathering and issue framing, closing arguments, and the court’s ruling are all stages.
Documents Required
The following list of paperwork is needed to submit a petition for contested divorce:
- Address verification for the couple
- Wedding pictures
- A marriage certificate
- documentation in support of the grounds for divorce
- Professional and monetary evidence
- specifics of the wife and husband’s possessions.
