Contesting Divorce

Legal Process for Contesting Divorce

Contesting Divorce

Contesting Divorce is a legal remedy for a couple who are unable to continue their marital life due to various issues. The Hindu Marriage Act, 1955 provides grounds for divorce for Hindus, including Sikhs, Jains, and Buddhists. The grounds for contesting divorce include adultery, cruelty, desertion, venereal disease, unsoundness of mind, and more.

In a contested divorce, either the husband or the wife must file a petition in the Hon’ble Court based on one of the grounds mentioned above. The court will then issue a notice to the opposite party for their appearance.

Once the respondent receives the notice, they must appear before the court either personally or through a lawyer and file a counter to the allegations made in the divorce petition. The matter will then be referred to a mediation center or counseling to resolve the issues between the couple.

If the disputes are resolved through mediation or counseling, the petition will be withdrawn by the petitioner. However, if the differences cannot be resolved, the trial proceedings will continue as directed by the Hon’ble Court.

Contesting divorce can be a complex and emotionally charged process, and it is important to seek the guidance of a competent lawyer. The lawyer will help you navigate the legal system and represent your interests in court. The ultimate goal is to reach a resolution that is fair and just for both parties involved.