Contested Divorce lawyer in Mumbai

1. Grounds under Hindu Marriage Act, 1955
Under Section 13 of the Hindu Marriage Act, 1955, a divorce can be contested on
the grounds of adultery, cruelty, desertion, religious conversion, leprosy, communicable diseases, renunciation, mental instability, or presumption of death.
a) Adultery
In a subsisting marriage, when one partner has sexual intercourse with
another married or unmarried person consensually, then he/she is said to
have committed adultery which was a criminal offence under Section
497 of the Indian Penal Code, 1860. Adultery was later decriminalised in
2019 in the case of Joseph Shine v. Union of India. Though it is no longer a
criminal offence, it is considered to cause a serious and damaging lapse in
marital relationships and thus forms a valid ground for obtaining a divorce
under Section 13(1)(i). The petition for divorce can be filed by the affected party, and the burden
of proof lies on the party alleging the same. It is necessary that the ground of adultery be proved beyond a reasonable
doubt, and mere gossip does not prove adultery. b) Cruelty
T here is no specific definition or categorisation of what cruelty can be, as
the parameters to decide that are endless. Section 13(1)(i)(ia) establishes that if a person has a well-founded fear and
a reason to believe that the conduct of their spouse is likely to be harmful, then that can be a reasonable ground to seek divorce. The concept of cruelty changes and evolves over a period of time. What
was once considered to be an acceptable practice decades ago might not be
acceptable now. It is not necessary to prove mens rea (a wrongful intention)
for establishing a case under cruelty, any conduct that inflicts pain or
produces a strong negative impact on the petitioning party is cruelty
c) Desertion
If a person abandons their spouse for at least 2 years continuously, without
any reasonable cause, then the spouse can file for divorce under Section
13(1)(i)(ib). It is important that the person seeking divorce on this ground
be able to establish that his/her spouse had the intention to desert them and
not return again. The intention to permanently put an end to cohabitation is
termed as animus deserendi. d) Conversion
Under Section 13(1)(ii) of the Hindu Marriage Act, 1955, if either spouse
converts to another religion, then a divorce petition can be filed. Because
change in one’s religion alters their way of life, this can eventually lead to
fallouts between the partners; hence, it forms a valid ground for divorce. e) Leprosy and communicable venereal diseases
Under the amended Hindu Marriage Act, 1976, divorce can be sought by a
person if their spouse suffers from a “virulent or incurable form of
leprosy” under Section 13(1)(iv) or from any incurable communicable
venereal disease under Section 13(1)(v).Leprosy is a chronic infectious
disease caused by a type of bacteria, Mycobacterium leprae. The disease
predominantly affects the skin and peripheral nerves. Left untreated, the
disease may cause progressive and permanent disabilities
f) Renunciation
When a person renounces the worldly way of living and enters into a
religious order, it becomes a ground for dissolution of the marriage under
Section 13(1)(vi) as renunciation of the world is considered holy. g) Mental instability
Lunacy or any other form of mental instability were not considered as a
ground for annulling marriage but this position changed with the
establishment of the Hindu Marriage Act, 1955. Under Section 13(1)(iii) of
the Act relief can be provided if the spouse –
1) Is incapable of giving valid consent to marriage due to his/her mental
state
2) Though capable of giving consent, she is unfit for marriage and
procreation of children
3) Has been subject to recurrent attacks of insanity
h) Presumption of death
If the spouse is presumed dead due to his/ her whereabouts being unknown
to family or friends for a period of 7 years, then it forms a valid ground for
divorce under Section 13(1)(vii).  WHERE TO FILE?
Contested Divorce can be filed in the Family Court as per the jurisdiction like:
1. Place of the Marriage
2. Last address of both parties resided together as a couple
3. Current Address of the parties
 DOCUMENTS REQUIRED FOR FILING CONTESTED DIVORCE
PETITION
1. Petition for Divorce : The formal request for a divorce in form of Application
submitted to the court is known as a petition for divorce. The grounds and
motivations for requesting the dissolution of the marriage are described in this
Petition. 2. Marriage Certificate : A copy of the marriage certificate can be used to
confirm the marriage’s validity and existence. 3. Evidence of Grounds for Divorce : Evidence supporting allegations of
infidelity, abuse, abandonment, etc. may be included as grounds for divorce. 4. Financial Statements : Records outlining the earnings, assets, debts, and
expenses of both partners are used to calculate alimony, child support, and
property divided. 5. Child Custody Documentation : If there are children involved, records
pertaining to their welfare, including certificates from their schools and
medical histories, among other pertinent information.
6. Property Records : Lists of all jointly owned and separately owned property, including real estate, vehicles, investments, and other priceless possessions. 7. Proof of Residency : To confirm the court’s jurisdiction over the divorce case, usually established by utility bills, rental agreements, Aadhar card or other
means. 8. Evidence of Counseling or Mediation : Some jurisdictions demand that
partners seek mediation or counselling before filing for divorce. It may be
required to document these meetings
9. Photographic or Electronic Evidence : Photos, videos, emails, text messages, or other forms of evidence that can support claims made in the divorce
proceedings.  PROCEDURE FOR FILING CONTESTED DIVORCE PETITION
To contest a divorce in Indian courts, the following procedure is laid down:
1. Notice: Before filing the Contested Divorce Petition before the Family
Court, the Aggrieved party needs to send a Notice of Divorce to the
Opposite party. 2. Filing Divorce Petition: Contested Divorce petition can be well-drafted
and submitted in the family court by an experienced Family Lawyer in
Mumbai. Once the petition is filed in the court summons will be issued to
the other spouse for the notification. 3. Reply by the opposite Party: Once the summons is sent to the opposite
side, he/she can submit the reply in the court placing all his/her side of the
story with a help of an experienced Divorce Lawyer in Mumbai. 4. Counselling: After the Petition is filed before the Court the Marriage
Counsellor of the Family Court will take maximum 3 counselling of both the
Parties i.e., Husband and Wife where the Counsellor will make a report of
the counselling and submit the report before the Judge. After the submission
of the report the Judge will decide whether the Divorce can be done
amicablly by the parties or they want to continue through a contested
divorce itself. 5. Evidence Stage: If the mediation process is not successful then the
proceedings of evidence is started wherein both the parties have to submit
their respective evidence for the proof thereof. Examination and cross- examination are taken first from the petitioner and then from the opposite
party. 6. Argument Stage: Once the evidence is filed both the parties are called for
the final argument. On this basis court finalizes dissolution of marriage. 7. Final Divorce Decree: As the conclusion, final judgment is passed and
the decree of the divorce is provided by the court. Once the divorce decree is passed in the court the husband and wife had to sign the
divorce papers so that the proceedings come to an end. This is the final step in the
process of dissolution of the marriage between both the parties legally. However, if
any party is not satisfied with the order an appeal can be filed in the higher court
within 3 months of the order date.
Even if this is family and divorce case other petitions like Maintenance / Alimony /
Child custody / Property Separation needs to be dealt with in the case of contested
Divorce. In the Mutual contested divorce, it is handled mutually by both the parties.  FAQs
1. What is the difference between a contested divorce and judicial
separation?
Ans. Judicial separation is a temporary suspension of conjugal rights and marital
obligations, while contested divorce is a legal remedy that can bring about the
permanent dissolution of marriage. A suit for judicial separation can be filed at any
time after marriage, but for a divorce, there are time restrictions. Either of the
spouses can file for a judicial separation, but only the aggrieved/suffering party can
file for a contested divorce. 2. Who gets custody of a child or children in a contested divorce?
Ans. The court decides the matter regarding custody of children in a contested
divorce. The court takes into consideration many factors to examine the character
and capacity of the mother or father before granting custody of the children. If the
minor children are mature enough to make a well-informed decision, their
preference will usually be considered. 3. When is a notice for a contested divorce given to the spouse?
Ans. The party who plans to file for a contested divorce must send a divorce notice
to their spouse before filing a petition for divorce at the court. 4. How to get maintenance in case of Contested Divorce?
Ans. When a couple is married, there exists an obligation on them to support each
other. This obligation does not necessarily end with divorce. As per the Code of
Criminal Procedure, 1973, the right of maintenance is afforded to any person who
may be financially dependent on the marriage. This may include either spouse, dependent children or even indigent parents. The claim of either spouse (though, in the vast majority of cases, it is the wife), however, depends on the other spouse having sufficient means. When deciding the
payment on the alimony, the court will take into account the earning potential of
the spouse, their ability to regenerate their fortune, and their liabilities
5. Can Court reject Contested Divorce?
Ans. While courts do not reject divorce petitions arbitrarily, they can dismiss them
based on specific criteria, such as insufficient evidence or procedural violations. 6. How long does a contested divorce take in India?
Ans. In general, a Contested divorce takes up to 3-5 years for the final decision of
the court.
7. How much does it cost to get a contested divorce in India?
Ans. The cost of a contested divorce in India can vary depending on the specific
circumstances of the case, such as the complexity of the issues in dispute and the
fees of your lawyer. However, it can be several thousand rupees or mor