Contesting Divorce
The divorce is the legal remedy for the Husband and Wife who are not unable to continue their marital life because of many issues. In Contesting Divorce any party (Husband or wife) has to rely on one of the provisions provided under the law. The Hindu Marriage Act, 1955 provides ground for divorce for Hindus which includes Sikh, Jain and Budh religion.
Grounds for Contesting Divorce are:
- 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 contesting Divorce, either Wife or Husband has to file the 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 must appear before the Hon’ble Court either personally or through a Lawyer and have to file his counter to the averments/allegations specified in the Divorce Petition.
On such appearance by the respondent, the matter will be referred to Mediation Centre/Counselling to resolve the issues between both the wife and husband. If disputes are resolved, the Mediation Centre/Counsellors refer the case back to the Hon’ble Court, with a report that, both petitioner and respondent have resolved the differences and the Divorce petition will be withdrawn by the petitioner.
If the differences between the Wife & Husband are not resolved in the Mediation Centre/Counselling, the Mediation Centre/Counsellors refer the petition to the Hon’ble Court, by a report that, the disputes are not resolved. On receipt of such report from the Mediation Centre/Counsellors, the Hon’ble Court pass orders directing the respondent to file their counter to the allegation/averments/pleadings mentioned in the Petition and the trial proceedings continues.