Query

Contested Divorce

In this regard we follow the fault based system of divorce. Divorce is granted only on proof of fault or guilty conduct of one party and innocence of the other. The most common ground for divorce is cruelty (Simply such conduct as to make it impossible for parties to live together – this includes mental or/and physical torture). Another common ground is adultery (s*xual intercourse outside wedlock) one instance of lapse of virtue can lead to divorce.

Divorces are also common on grounds of desertion (simply wilful abandonment of one spouse by the other without reasonable cause/excuse). Apart from this Conversion of religion/Unsoundness of mind/Renunciation of world are also grounds for divorce.

As per the law as it stands our legal system does not allow divorce to be granted on the ground of irretrievable breakdown of marriage or irreconcilable differences.(Known as no fault grounds). Call it impractical & absurd. To get a divorce one has to prove wrongdoing on the part of other spouse, and impeccable conduct of one’s own in order to win. Which is impossible sometimes. Legislature has taken note of this pragmatic reality and a bill on the same topic is pending in the Parliament, which would allow a person to seek divorce on ground of inherent incompatibility leading to breakdown of relationship.

PROCEDURE OF GETTING A CONTESTED DIVORCE

• Ascertain the ground on which you want to seek divorce.
• Collect evidences.
• Consult a seasoned divorce lawyer and file a petition in the Family Court of your district..

Petition is filed in the court with all the relevant evidences/documents. Person filing the petition is called ‘the petitioner’ and erring spouse responding is ‘the respondent’. (Remember to annex all documents on you rely with the petition itself – Videos/Audio Recordings/Photos are documents within the meaning of evidence act, and admissible in evidence, your’s spouse emails/chats/facebook/twitter updates are also admissible to prove depravity/infidelity or whatever !

After you file the petition in the court – erring spouse is summoned, if he/she turns up and enters appearance the matter is bi-parte, if the erring spouse prefers not to contest or come to the court, the matter is proceeded ex parte (in absence) and divorce granted if the matter is worthy of the same.

No proceeding for divorce can be filed in the High Court as it is Court of Appeal being the highest court of the state.

High Court do not entertain divorce petition whether contested or mutual consent divorce, it falls within the jurisdiction of the family court, however, appeal against the judgment passed by the family court are being taken up/decided in the High Court.

Neither the family court nor High court nor the Supreme Court of India has any such authority to challange the legislation which falls in the domain of Parliament of India, where your elected representatives do enact. You are required and requested to blame or approach the Members of Parliament of India who are framing laws heaviely tilting in favour of female, the reasons best known to them. Whatsoever, the Courts have (many times through their verdict) declared the family laws are being misused by estranged wives, where their (husband) men are helpless.