Please provide legal advice on below Please provide legal advice on below

1 month ago

What is contested Divorce? What happens if we didn’t accept for the divorce ? Can the opposite person will get without out acceptance ? Can they marry to some other person without i am accepting ? Basically, can you explain briefly on this contested divorce and the steps ?

Anik

Responded 1 month ago

View All Answers
A.Dear Client,

Section 13(1) of the Hindu Marriage Act, 1955 outlines various grounds for divorce, including cruelty, adultery, desertion, and others. When reconciliation isn't possible and mutual divorce isn't feasible, either party can file a contested divorce petition in Family Court or District Court. Contested divorce proceedings are often more costly and time-consuming. The complexity of grounds for one-sided divorce highlights the importance of seeking legal counsel from a skilled divorce lawyer before initiating proceedings. Under the Hindu Marriage Act 1955, remarrying without a decree of divorce from the first marriage is considered illegal and a criminal offense in India.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

View All Answers
A.Dear Client,
Sub-section 1 of Section 13 of the Hindu Marriage Act, 1955 presents the general grounds of divorce that are available to both the parties involved in a broken marriage and include cruelty, adultery, desertion, conversion, mental illness, communicable diseases, presumption of death, and renunciation of the world. When there is no possibility of cohabitation and no scope of mutual divorce, either party can file a one-sided/contested divorce petition before the Family Court or the District Court praying for a decree of divorce. A contested divorce is more expensive and time-consuming than a mutual divorce. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition. As per the Hindu Marriage Act 1955, anyone cannot marry a second time without a decree of divorce annulling the first marriage, and treated as illegal and a criminal offense in India.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconMy wife wants divorce suddenly stating the reason that she doesn’t like my behaviour after 11 years
Dear Client, Your query requires more details to address it suitably. You expressed your situation but not a cause of action that attracts a legal remedy. It is a virtual platform where in the absence...
question iconMy husband use to beat me badly
Dear Client, Cruelty is a ground for divorce in India for all the religious laws. It may be physical as well as mental cruelty. So, you can file a case for being a victim of domestic violence. Accordi...
question icontaking screenshots of spouse's phone having office chat application
Dear Client, The screenshots of chats, and text messages can generally be admissible before the court of law but are considered as secondary evidence. It must be produced along with the phone used to...
question iconDivorce
Dear Client, In case of divorce, the joint property bought by the couple by taking loan, will be divided by the Court by considering their respective contributions to the property and property's curre...
question iconDivorce certificate in Faridabad Haryana
Dear Client, A divorce decree is a document that confirms the termination of a marriage and provides information about the case, such as the reason for divorce, child custody, and property division. Y...