CONTESTED DIVORCE
Contested Divorce Lawyer
Divorce is the legal dissolution of a marriage between a spouse by a court of law and indicates a legal termination of marriage. Divorce can be taken by a husband and wife jointly this is called Mutual Consent Divorce, or by any one of them without the other’s approval this is called Contested Divorce. Grounds for contested divorce are provided under Section 13 of the Hindu Marriage Act, 1955. A spouse can initiate divorce proceedings on the other based on one or more reasons like adultery, desertion, cruelty, impotency and chronic diseases like leprosy, venereal disease and others. Divorce also involves disputes such as alimony, custody of children, child maintenance and support, and distribution of property.
In simple words contested divorce is one where the husband or the wife wants a divorce, but the other spouse does not. Even when both the parties want a divorce, but cannot agree on any issue such as alimony, custody of children, etc., it is a case of contested divorce.
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A contested divorce is a divorce where one spouse files a petition for divorce against other party or husband and/or wife whatever the case may be willing to contest or defend the said petition. This also called as one sided divorce litigation. In this process the court has to follow the procedure as per the Hindu Marriage Act. It is pertinent to mention here that contested divorce is time taking and matter decided on the basis of merits.
In this procedure court has to follow the rules laid down by CPC and make sure that the justice shall be done.