What is Procedure for Contested Divorce as per Hindu Marriage Act Indiaby Neha Chhibber The Best Divorce Lawyer
Nobody wants a bad ending for marriage but sometimes it happens unfortunately that you need to file for a divorce. Here as per the Hindu Marriage Act, two ways are there to get the divorce from your spouse. One of them is contested divorce under Section 13 of the Act. When the mutual consent divorce is not happening that is when contested divorce is required. Also, there are certain legal reasons for which you can contest divorce and for that purpose, you can always consult a Divorce Lawyer.
Procedure to be undertaken for a Contested Divorce
After consulting a Divorce Lawyer for your case you have to explain the complete marital situation to him in detail so as to get the best advice.
Next, the divorce lawyer has to prepare a Divorce petition as per the facts and circumstances to seek the Contested Divorce. Also, the petition has to be accompanied by all the relevant documents pertaining to the proof of the marriage and the documents supporting the allegations.
After the petition has been finalized the person has to sign the petition, affidavits, etc, in the presence of the authorized Oath Commissioner. After completing all the formalities the Divorce petition would be filed before the appropriate court by the Divorce Lawyer.
Before the beginning of the actual Divorce proceedings, the divorce petition needs to be admitted by the court. On the first day of the hearing, the Judge will read the petition and will hear the arguments from the Divorce Lawyer. If you are from Delhi then you can look out for the Divorce Law Firms in Delhi who can provide you with the best lawyers.
After the court is satisfied, it will issue a formal notice of the case to be served upon the opposite side. Also, a copy of the notice along with the petition would be sent to the partner.
The opposite party is required to appear in the court with its lawyer on the next hearing and also has to file its reply to the divorce petition.
In the beginning, the court will try to resolve the dispute between the parties and will direct both the parties before a Mediator to get to a solution for their marital disputes. If the issue is still unresolved then the Court will continue with the further proceedings for the Divorce.
If the wife has filed an application for maintenance, the Court would first decide the application so as to ensure the financial security of the wife during the pendency of the Divorce Petition.
The court will proceed to the framing of issues and recording of evidence which is a very important stage to make or break a case.
After the evidence of both the parties has been recorded, the Divorce Lawyers of both the parties would be required to address their final closing arguments and the court will fix a date on which it shall state its decision. Make sure to go for the Best Divorce Lawyer in Delhi to get the desired result.
Created on Dec 26th 2018 06:47. Viewed 412 times.