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What is Contentious Divorce in India? Guide by LawCrust

Contentious Divorce in India Explained: Insights and Guidance from LawCrust

Contentious Divorce

Divorce can be a challenging and emotional process, especially when it involves disputes and disagreements between the parties. In India, a contentious divorce, also known as a contested divorce, occurs when one or both spouses cannot agree on key issues such as alimony, child custody, property division, or other marital matters. This type of divorce often leads to legal battles in court, making it a complex and prolonged process. This guide provides an overview of contentious divorce, focusing on the legal framework applicable in Mumbai and Maharashtra.

What is a Contentious Divorce?

A contentious divorce is a legal dissolution of marriage where the spouses are unable to reach an amicable agreement on issues related to their separation. Unlike mutual consent divorce, where both parties agree to the terms of separation, a contentious divorce requires one party to file a petition against the other, citing specific grounds for divorce.

Grounds for Contentious Divorce

In India, the Hindu Marriage Act, 1955, governs the grounds for divorce among Hindus, which are also applicable in Mumbai and Maharashtra. The most common grounds for filing a contentious divorce include:

  • Adultery: When one spouse engages in a sexual relationship outside the marriage.
  • Cruelty: Physical or mental abuse that endangers the life, health, or safety of the spouse.
  • Desertion: When one spouse abandons the other without any reasonable cause for a continuous period of at least two years.
  • Conversion: When one spouse converts to another religion without the consent of the other.
  • Mental Disorder: If one spouse suffers from a mental disorder that makes it impossible to live together.
  • Communicable Disease: If one spouse is diagnosed with a serious communicable disease.
  • Renunciation: If one spouse renounces the world by entering a religious order.
  • Presumption of Death: If a spouse has not been heard from for a continuous period of seven years.

The Legal Process of Contentious Divorce in Mumbai

  • Filing the Petition

The contentious divorce process begins when one spouse files a petition in the family court. The petition must clearly state the grounds for divorce, supported by relevant evidence. In Mumbai, the petition is usually filed in the family court that has jurisdiction over the area where the couple last resided together.

  • Response from the Other Spouse

Once the petition is filed, the court serves a notice to the other spouse, who is required to respond within a specified period. The response may include a counter-petition, denying the allegations and presenting their own claims.

  • Court Proceedings

If the spouses cannot reach a settlement, the court will proceed with hearings. Both parties will present their arguments, evidence, and witnesses. The court may also involve experts such as psychologists, social workers, or child custody evaluators to provide additional insights.

  • Final Judgment

After considering all the evidence and arguments, the court will deliver a final judgment. The judgment may include decisions on alimony, child custody, visitation rights, property division, and other relevant matters. If either party is dissatisfied with the judgment, they may appeal to a higher court.

Challenges in Contentious Divorce

  • Lengthy Proceedings

Contentious divorce cases can be lengthy, often taking several years to resolve. The court’s busy schedule, along with the complexity of the issues involved, can delay the process.

  • Emotional and Financial Stress

The prolonged legal battle can take a toll on both parties’ emotional and financial well-being. The stress of attending court hearings, dealing with lawyers, and managing the uncertainty of the outcome can be overwhelming.

  • Impact on Children

Contentious divorces can have a significant impact on children, especially when custody disputes are involved. The court’s primary concern is the best interest of the child, but the conflict between parents can still affect the child’s emotional health.

Why Choose LawCrust for Contentious Divorce Cases?

LawCrust Legal Consulting Services, a subsidiary of LawCrust Global Consulting Ltd, is a leading legal consulting firm with a presence across India and Dubai. We specialize in handling complex contentious divorce cases in Mumbai and Maharashtra. Our team of experienced divorce lawyers is dedicated to providing personalised legal support, ensuring that our clients navigate the divorce process with confidence.

Our Services Include:

At LawCrust, we understand the intricacies of family law and are committed to securing the best possible outcomes for our clients. Whether you’re dealing with issues related to alimony, child custody, or property division, our experts are here to guide you every step of the way.

Contact Us

For professional legal assistance with your contentious divorce case, reach out to LawCrust Legal Consulting Services. Call us at +91 8097842911 or email us at bo@lawcrust.com. Let us help you navigate your legal challenges with expertise and compassion.

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