Divorce doesn’t always mean a mutually settled arrangement of dissolution. The instances whereby a spouse wants divorce against the latter spouse, whereas the latter spouse is in discordance to divorce proceedings or is contesting the accusations and claim, is generally known as Contested Divorce. In disparity to the process of Mutual Consent Divorce where agreement amongst the spouses is present over all aspects, in a Contested Divorce the Court will decide the issue by analysing the facts involved, the contentions that each party puts forward in terms of evidence. It usually involves court proceedings of pleadings, evidence production and their examinations, cross examinations and arguments on merits.
Matrimonial actions are generally proceeded in the Family Court in Bangalore. The Family Courts Act 1984 specifically enumerates all subject matters related to a divorce and other matrimonial disputes are within the purview of Family Courts. Contact Us, if you are looking for divorce lawyers in Bangalore.
What Is a Contested Divorce?
It is a type of matrimonial proceeding whereby both spouses may not share a common stand/agreement with regard to the issue of termination of marriage and related assertions in the petition for divorce.
The typical conditions include:
- One Spouse files the Petition for dissolution of the marriage.
- Other Spouse objects or contested the allegations or relief.
- The chance must be granted to both the partners to present the case and evidence and evidence can be collected.
- The Court will confirm all the factors; requirements prescribed under the legal act for the procedure and may grant a decree.
The Hindu Marriage Act, 1955 provides in Section 13 about the grounds for divorce that can be adopted for filing the case of a contested divorce for Hindu Marriages, for example cruelty, adultery and desertion.
Read our guide types of divorce in India for better understanding.
Contested Divorce vs Mutual Consent Divorce
| Basis | Contested Divorce | Mutual Consent Divorce |
| Agreement | One spouse may oppose the divorce | Both spouses agree to dissolve the marriage |
| Petition | Filed by one spouse | Filed jointly |
| Disputes | Grounds and other issues may be disputed | Terms are mutually agreed |
| Evidence | Generally, requires detailed evidence | Usually comparatively limited |
| Duration | May take considerably longer | Usually comparatively quicker |
In a Mutual consent Divorce case, two spouses filed collectively and fulfilled all conditions prescribed by the Court. If you want to learn more about the mutual consent divorce process in Bangalore, check out our guide.
Grounds for Filing a Contested Divorce in India
The grounds depend on the personal law applicable to a marriage. Hindu Marriages typically include the following grounds under Section 13 of the HMA:
1. Cruelty:
This can include abuse of any kind – physical or mental. It is upon the petitioner to prove with solid evidence that the respondent has committed cruelty in the eyes of the law. The outcome of the Court’s ruling on this will depend on the facts and evidence submitted in the particular case.
2. Adultery:
This involves cases where one of the spouses has willingly engaged in sexual intercourse with another person outside the marriage.
3. Desertion:
It is observed where one spouse has abandoned the other. According to Section 13(1) (ib) of HMA, the general requirement is to prove the existence of desertion for a minimum period of two years, just prior to filing the petition for divorce.
4. Other Statutory Grounds:
The HMA provides further legal grounds, such as religious conversion, certain types of mental disorders, renouncing worldliness, as well as cases where presumption of death is applied. For wives alone, there are some special additional legal grounds that they are entitled to cite in such a petition. Every ground has to be evaluated carefully before initiating the procedure of divorce.
Read our guide grounds for divorce in India for better understanding.
Contested Divorce Procedure in Bangalore: Step-by-Step
Step 1: Consult A Divorce Lawyer
This step is essential. You need to consult a divorce lawyer in Bangalore who specializes in matrimonial law. The advocate will evaluate the situation and determine if there are adequate grounds to file for divorce proceedings.
The lawyer will consider:
- Characteristics of marriage.
- The strongest reason for divorce.
- Proof – what evidence the spouse preserved and what evidence needs to be collected.
- Jurisdiction – That is, what court must hear the case.
- Problems that have to do with conflict beyond the dissolution of marriage, like child custody and division of assets.
With a best divorce lawyer in Bangalore, you get to have guidance and help throughout the litigation process.
Step 2: Gathering of Necessary Documents and Evidence
Gather the necessary documents and evidence Once the ground is established, you and your lawyer need to gather the relevant documentary and non-documentary evidence that you can present to the Court in support of your claims. In all cases when divorce is filed, you may need the following documents: Marriage certificate. Identification and address of the two spouses. All pictures, videos or other materials related to the wedding and the above information. All the text messages, e-mails, chats, etc. The relevant medical reports, hospital records, income statements etc. Supporting materials. It is very important when preparing the petition that not one piece of evidence of any kind (including electronic documents) be lost.
Step 3: Make the Petition
Your advocate will draft the petition carefully, incorporating all necessary details, the particular reason for the divorce, and the types of relief you are seeking from the Court (for example, alimony, custody, property division).For marriages solemnized under the HMA, the territorial jurisdiction is provided under Section 19 and the petition needs to be filed accordingly at the appropriate family court in Bangalore.
Step 4: Court Issue Notice to the Other Spouse
After the divorce petition is filed in the court, the latter spouse who is now served as the Respondent will be served a legal notice and summons to appear before the court on a specified date.
Step 5: Filing of the Written Statement
In response to the summons and notice served by the court, the respondent can file a written statement through his/her counsel wherein they would either accept, deny, or deny all and singular allegations put forward by the other spouse and simultaneously raise additional legal points along with supporting facts/arguments.
Step 6: Mediation and Counselling
There could be an attempt by the family court, where it deems fit, to counsel both parties or send them to mediation to reconcile and to reach an amicable settlement which ultimately may result into conversion to Mutual Consent Divorce; if such accord is reached, they may, accordingly, mutually proceed further as per the law, subject to applicability of personal law and other mandatory conditions stipulated therein for.
Step 7: Evidence and Examination of Witnesses
If reconciliation fails and parties cannot arrive at a mutual settlement, then proceedings continue. This involves both parties presenting their evidence. Documentary evidence will be marked as exhibits. Oral testimony from witnesses of both parties will be recorded.
In this stage, the spouse and/or their representative gets a chance to determine the reliability and truth of information provided by the witnesses. This step is very important in case development.
Step 8: Final Arguments
After all the witnesses’ testimonies have been recorded and evidence fully processed, both sides of the conflict will state their conclusion arguments. Lawyers explain how claims and evidence provided during the trial confirm their ideas and why the court needs to rule in favour of their client.
Step 9: The Decision
As soon as the procedure of arguments is completed, the judge has to review all the facts and evidence, arguments and laws and deliver the verdict in favour of either in favour of you, granting the divorce decree or deny your application; there might also be a number of other orders regarding the financial aspects of the case.
Child Custody And Support As Well As Other Issues
In addition to divorce process, different side issues may take place in a contentious divorce trial as follows:
1. Child Custody
In situations where children are involved, custody, visitation rights, and access schedules should be provided for efficiently. The Family court can give orders concerning custody of minors. The best interest of the child should always come first.
2. Maintenance and Alimony
One party may have to pay alimony for the support of his/her spouse where there is a difference between their incomes and the second partner requires support to live and to pay for the legal process. The act contains clauses 24 and 25 for the assistance in such cases. Read our guide for a detailed understanding on maintenance and alimony in divorce.
3. Property and Financial Disputes
Custody issues with regard to jointly owned property, deposits, and real estate can be settled legally or at the same time by the divorce court. According to the law all issues concerning property division and debts allocation are to be decided in accordance with the court procedure.
How Long Does It Take for a Contested Divorce in Bangalore?
There is no specific timeline, which determines how long a contested divorce takes in Bangalore. The number of months varies from case to case and depends on numerous factors such as:
- Nature and severity of the charges,
- Number of witnesses you wish to call,
- Number of hearings each day; speed of witness examination,
- Amount of evidence and number of documents available,
- Workload of the court and time scheduling,
- Level of cooperation with the proceedings.
- Taking into consideration these factors you should be ready to spend several months or possibly years on your contested divorce case.
Read our guide divorce procedures in Bangalore for a detailed understanding.
Can a Contested Divorce Become a Mutual Consent Divorce?
At any point in the process, it may happen that the parties to the conflict decide on amicable resolution of their issues, thus permitting the conversion of the process to a mutual consent divorce. If both spouses are in agreement, it allows them to meet the requirements for a mutual consent divorce described in Section 13B, provided it is possible according to the law and necessary conditions for mutual consent divorce by both spouses are met. As a result, starting a case as a contested case does not mean that it cannot be converted to a mutual divorce case.
Do You Need a Lawyer for Contested Divorce?
Yes, you do! The point is that a contested divorce has several stages, including the preparation and submission of complicated legal documents, being governed by strict rules of evidence and witness examination and cross-examination, as well as legal arguments. One mistake during any stage of the process, for example, wrong grounds for divorce or misrepresentation of evidence can greatly influence the results of the process. An advocate specializing in family law will be able to provide you with valuable advice at all stages of the procedure, thus making sure that all legal requirements are efficiently met. Contact Us for an experienced divorce lawyer in Bangalore.
Conclusion
The process of initiating a contested divorce in Bangalore is not just about going to court; it is an ongoing and complicated legal process that entails reviewing claims, assessing evidence, and applying legal principles that are applicable to the divorce case. Once the process of contesting a divorce is initiated, it is very important to prepare properly, formulate convincing arguments, and learn the law. Given that all the legal disputes which are related to marriage are influenced by the complexity of the situation and the particular facts of every case, it is extremely important to obtain sound legal guidance from the experienced lawyer.
Frequently Asked Questions
1. How can a contested divorce be filed in Bangalore?
To file a petition for contested divorce in Bangalore, the petitioner must provide the basis for the divorce and the relief. Drafting of the petition and its filing is done by the lawyer handling the case.
2. What will happen if my spouse challenges my divorce application?
If the other party disagrees with the divorce or denies the allegations made, the divorce can be classified as contested divorce. The court will hear the case from both sides, examine the evidence submitted and decide on the basis of the grounds for divorce.
3. How much time does a contested divorce take?
Since there is no defined timeframe involved, the duration of contested divorce completely depends on the complexity of the case, schedule of the court, evidence presented and their cooperation. It can take anywhere between a few months to years.
4. Can a disputed divorce become a divorce by mutual consent?
Yes, if both spouses stick to their agreement about the divorce and other issues relating to it during the proceedings, they can apply to go for a divorce by mutual consent as allowed under the governing laws (for example, Section 13B of the Hindu Marriage Act, 1955).
5. What documents do I need for contested divorce in Bangalore?
Common documents are marriage certificates, identification cards and address proofs of the spouses, photographs of the marriage, communications (emails and texts) to prove the grounds of the divorce, and other evidence relating to claims like maintenance and custody.
6. Can I claim maintenance while the contested divorce is going on?
Yes, the court can provide maintenance and alimony. The relevant laws (for example, Section 24 and 25 of the Hindu Marriage Act, 1955) entitle you to receive temporary maintenance during the ongoing proceedings and permanent maintenance after the divorce is finalized, depending on the circumstances of the case and the law.In Bangalore, the Family Courts deal continuously with matters related to child custody, guardianship, and visitation. The child’s welfare is the main priority of the courts.
