Abhishek Priyanka Srivastava 21 April 2020
Archit Uniyal 21 April 2020
Hi,
A contested divorce is the second kind of divorce that can be opted for when one spouse i.e. the husband or wife wishes to file a divorce against the other and the latter does not consent to this divorce. As the name suggests, the divorce petition is contested by the non-consenting spouse and is, therefore, a one-sided divorce.
In contested matters, the court intervenes and decides the issue of alimony/maintenance on the merits of each case. The power of the court to grant alimony is not limited to cases where the decree is obtained by the wife. Courts have powers to grant alimony to the wife even where the husband is granted a decree. It is quite possible there may be no alimony/maintenance awarded at all depending upon the facts and circumstances of the case. Assessment of the amount of permanent alimony is entirely the court's discretion.
In case of a contested divorce, often spouses fail to come to any understanding regarding alimony. In such situations, the court takes up the task of making a decision on the amount of alimony to be paid.
Alimony is generally not granted to the seeking spouse if he or she is already receiving support during the time of divorce. Although the rewarding of alimony can be revised in such events based on the arguments for claiming the support.
In case of a contested divorce, often spouses fail to come to any understanding regarding alimony. In such situations, the court takes up the task of making a decision on the amount of alimony to be paid. Only under certain compelling situations, the court steps out to change the already framed alimony. Sometimes the court might even hand over the burden of paying for the maintenance to a public body.
Sunil Kumar 21 April 2020
Raghav Arora 22 April 2020
Raghav Arora 22 April 2020
Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 22 April 2020
Originally posted by : OM PRAKASH | ||
Please don't just copy paste from the Court's text. Make it simple in the common man's language. I have previously also suggested so. |
BEWARE of people like "OM PRAKASH" (a Frustrated & poisonous forked tongue Expert), wherein he continously spews out his Frustrations against various voluntary EXPERTS and the QUERISTS of this Forum. ONLY NEGATIVE CRITICISM, WITHOUT ANY MEANINGFUL OR CONSTRUCTIVE ADVISE.
P. Venu (Advocate) 22 April 2020
In a case of contested divore, the Judgment/Order will take care of all the aspects basing upon the facts pleaded, evidence adduced and the arguments advanced.