Contested Divorce

Marriage is formed in Heaven, while divorce occurs on Earth. Divorce is regarded as a schism between two families. It is filed when both the husband and woman are unable to live together as a pair. Both couples might agree to divorce or petition for divorce in court. If the spouses agree to divorce, it is referred to as Mutual Consent Divorce; otherwise, it is referred to as Contested Divorce. Mutual divorce is less time consuming than disputed divorce. Mutual divorce takes 6 to 9 months, but Contested divorce might take 2 to 3 years, or even longer in extreme situations. A contested divorce is frequently filed by one of the spouses against the other.

 

Contested Divorce in Kolkata

Meaning

Contested divorce refers to a type of divorce where the parties involved do not agree on one or more terms of the divorce, such as property division, child custody, alimony, or other issues. In a contested divorce, the parties must resolve their differences through a legal process, which can include court hearings, mediations, and negotiations.

In a contested divorce, both parties are required to present evidence and argue their case in court. The final decision is made by a judge, who considers all the evidence and arguments presented by both parties and makes a ruling on the matter.

Contested divorce can be a long, complicated, and emotional process, and it is always recommended to seek legal assistance from an experienced divorce lawyer to help navigate the process and achieve the best outcome.

 

Contested Divorce in Kolkata

A contested divorce in Kolkata, India follows the same procedure as a contested divorce in any other city in India. The procedure for a contested divorce in Kolkata involves filing a divorce petition, serving the summons, filing written statements, gathering evidence, participating in mediation if required, and attending court hearings.

In Kolkata, contested divorces are heard in the Family Courts, which are specialized courts that handle family-related matters such as divorce, child custody, alimony, and property division. The process can be time-consuming, and the length of time required to resolve the case can vary widely depending on the complexity of the case and the court’s workload.

It is important to note that a contested divorce can be a long, emotionally draining, and expensive process. It is always recommended to seek legal assistance from an experienced divorce lawyer in Kolkata to help navigate the process and achieve the best outcome.

 

Contested Divorce Cases in India?

Contested divorce cases in India can occur for various reasons, including:

  1. Disagreements over property division
  2. Disputes over child custody
  3. Differences in opinions regarding alimony
  4. Domestic violence and cruelty
  5. Mental or physical incapacity of a spouse
  6. Adultery or infidelity
  7. Conversion to another religion
  8. Hidden assets and financial disputes.

In these cases, the court will hear both sides of the dispute and make a final ruling based on evidence and the applicable law. The process can be time-consuming and emotionally draining for the parties involved.

 

Contested Divorce by Husband or Wife

A contested divorce by the husband in India refers to a situation where the husband initiates a divorce proceeding and the wife disagrees with one or more terms of the divorce, such as property division, child custody, or alimony. The disagreement is then resolved in court through a legal process.

The procedure for a contested divorce by the husband in India is similar to any other contested divorce and involves filing a divorce petition, serving the summons, filing written statements, gathering evidence, participating in mediation if required, and attending court hearings. The final ruling is made by a judge based on the evidence and arguments presented by both parties. Similarly for divorce by the wife.

 

Contested Divorce Time Period in India?

How long contested divorce take in india? may be the question on your mind – The time period for a contested divorce in India can vary widely depending on several factors, such as the complexity of the case, the court’s workload, and the availability of the parties and witnesses. On average, a contested divorce can take anywhere from 6 months to several years to resolve, with some cases taking even longer. The length of time can also depend on whether the parties reach a settlement through mediation or if the case goes to trial.

It is important to note that a contested divorce can be a long, emotionally draining, and expensive process. It is always recommended to seek legal assistance from an experienced divorce lawyer to help navigate the process and achieve the best outcome.

 

Procedure for Contested Divorce in India?

The procedure for contested divorce in India typically involves the following steps:

  1. Filing a divorce petition: The petitioner files a divorce petition in the appropriate court with jurisdiction over the matter.
  2. Service of summons: The court then issues a summons to the respondent, who must appear in court and respond to the divorce petition.
  3. Filing of written statement: Both parties must file a written statement in court, detailing their positions and evidence.
  4. Discovery and evidence gathering: This involves the exchange of documents and witness statements that support each party’s position.
  5. Mediation: The court may encourage the parties to participate in mediation in an attempt to reach a settlement before proceeding to trial.
  6. Trial: If a settlement cannot be reached, the case proceeds to trial, where both parties present their evidence and arguments before the judge.
  7. Judgment: The judge then delivers a judgment, which is final and binding on both parties.

**Note: The length of time for a contested divorce in India can vary depending on the complexity of the case and the court’s workload.

How to File a Contested Divorce Petition?

The process of filing a contested divorce petition in India involves the following steps:

  1. Determine jurisdiction: Choose the appropriate court based on the location of either spouse or the location of the marital home.
  2. Prepare a divorce petition: Draft a petition stating the grounds for divorce and the relief sought, such as property division, alimony, child custody, etc.
  3. File the petition: File the petition in the designated court and pay the necessary fees.
  4. Serve the summons: The court will issue a summons to the respondent, who must be served with a copy of the petition.
  5. Respond to the petition: The respondent must file a written statement in response to the petition, stating their position and any evidence to support it.
  6. Attend court hearings: Both parties must attend court hearings and present their case to the judge.
  7. Final ruling: The judge will make a final ruling on the matter after considering all the evidence and arguments presented by both parties.

**Note: It is advisable to seek legal assistance from an experienced divorce lawyer to ensure the petition is properly drafted and the process is properly followed.

Contested Divorce Cost in India?

The cost of a contested divorce in India can vary widely depending on several factors, such as the complexity of the case, the fees of the lawyers involved, and the length of time required to resolve the case. On average, the cost of a contested divorce in India can range from a few thousand rupees to several lakhs of rupees or more.

The cost of a contested divorce can also depend on the type of relief sought, such as property division, child custody, or alimony. The cost of a contested divorce may also include expenses such as court fees, travel expenses, and the cost of obtaining expert witnesses.

It is important to note that the cost of a contested divorce can escalate quickly, and it is always recommended to seek legal assistance from an experienced divorce lawyer to help manage the cost and achieve the best outcome.

 

Tapan Choudhury,
Advocate,
Mob- 9873628941
Email ID   tapsash@gmail.com

 

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