Contested divorce in India
However, not all estranged couples agree on the desirability, grounds or the conditions of divorce. In such cases, one party files for divorce in the court, but the other contests it. This forms the case for the filing of a contested divorce. Some of the grounds on which either spouse can file for a divorce in India are:
(A) Adultery on the part of the spouse of the petitioner, or any other sexual relationship outside marriage.
(B) Willful desertion or abandonment of the petitioner by the spouse, for a continuous period of two years in India, before the date of the filing for divorce.
(C) Infliction of physical and/or mental torture on the petitioner by the spouse, which may result in danger to life and health of the former.
(D) Sexual impotency or inability to perform sexual intercourse by the spouse of the petitioner.
(E) Insanity or suffering from incurable disease by the spouse of the petitioner.
contested divorce in India
IMPORTANCE OF LAWYER
The actual process of filing for divorce, however, begins with the hiring of a lawyer. The importance of having an efficient lawyer cannot be over-emphasized, if one is to get through the complexities of the legal system in India. So whether a person is filing for divorce or contesting one, he/she should see that the lawyer is not only well-versed with laws related to marriage and divorce under the relevant marriage act, but also has adequate experience in guiding his/her client to the best possible divorce deal from the court.
contested divorce in India
ESSENTIAL DOCUMENTS FOR CONTESTED DIVORCE
After the petitioner and his/her lawyer have decided on which grounds to file for divorce, a divorce petition is formally drafted and filed in the relevant court. The petitioner is required to provide his/her legal representative with photocopies of the following documents
(A) Income tax statements for the last 2-3 years
(B) Details of the petitioner’s profession and present remuneration
(C) Information related to family background of the petitioner
(D) Details of properties and other assets owned by the petitioner
IMPORTANCE OF DOCUMENTS FOR CONTESTED DIVORCE
Here it may be mentioned that it is in the interest of the petitioner, to provide all details of his/her marriage to the lawyer. This will not only include facts related to when and where the petitioner and spouse got married, but also details on how problems cropped up in their marriage and the events that finally led to the petitioner seeking divorce. The more honest the petitioner is with the lawyer, the easier it will be for the latter to present a strong case for his/her client.
AFTER FILING OF PETITION FOR CONTESTED DIVORCE
After the first petition for divorce has been filed, the petitioner can sign a “vakalatnama” is which a document giving the lawyer the authority to represent the petitioner in court. After the petition has been received by the court, it will send a notice and a copy of the petition to the estranged spouse of the petitioner, asking him/her to appear before the court on a specified date. From here on, the legal process of seeking a contested divorce will take its own course.