top of page
Search

What If The Husband Has Not Signed Over The Divorce Papers ?

  • Writer: lead India
    lead India
  • Mar 20, 2023
  • 4 min read

Divorce is the legal process by which a marriage is declared void and allows the parties to the marriage to part ways and remarry. Two types of divorces, which are allowed as per the Indian laws, which could be filed by the parties are mutual and contested divorce.


Hence, in case your husband is not agreeing to divorce, you may file for divorce on your own, making your wife the respondent. The divorce in this scenario could be filed only on the grounds provided under various Acts.

  • The Hindu Marriage Act, 1955

  • The Dissolution of Muslim Marriage Act, 1939

  • The Indian Divorce Act, 1869

  • Parsi Marriage and Divorce Act, 1936

  • The Special Marriage Act, 1954

The grounds on whose basis a contested divorce procedure could be initiated in India are- Adultery, Cruelty, Desertion, Conversion, Grave Mental Disorder, Communicable Venereal Diseases or some other grounds including the impotence of the spouse, imprisonment, failure to provide maintenance, etc.

Different stages for a contested divorce.


While applying for a contested divorce in India, different stages involved in the legal procedure have been mentioned below.

  • Appointment of the lawyer:-The most important step before applying for a divorce is the appointment of an appropriate experienced Divorce Lawyer In Delhi. The appointment of an appropriate lawyer would decide the course of action of your case. After going through the facts of your case, your divorce lawyer would then decide the grounds based on which the petition for divorce could be filed.

  • Either of the parties to the marriage can file for divorce:-After the appointment of the lawyer, all the necessary information and the documents are to be duly provided to him. On the basis of the documents and the facts of the case, the lawyer would draft a divorce petition and would file it in the appropriate court. The primary jurisdiction in the cases of divorce lies with the family court. After the filing the divorce petition, a notice shall be served to the other party by the plaintiff or through the court.

  • Appearance before the Court and reconciliation:-After the notice is served by the court, the parties to the marriage would appear before the court. In case the court believes that there is some chance for reconciliation, the matter would then be forwarded to the Legal Services Authority where the conciliators appointed by the court would look for the probability of reconciliation and try to sort the issue between the parties.

  • In case the parties to the marriage agree to settle their issues after the counselling sessions, then the petition should be withdrawn from the court, in case they still wish to continue the divorce proceedings, then following stages would be followed.

  • Reply from the respondent:-The respondent would submit his reply to the petition which has been filed by the plaintiff for divorce. If he does not wish to divorce, the defendant should deny each allegation made against him. If the allegations so made are not denied specifically, it would then be deemed by the court that the defendant is agreeing to the charges filed against him.

  • Settlement:-After the assessment of the documents and the facts of the case, the court would then settle for the points of consideration which are to be decided under Order XIV of the CPC. These disagreements between the parties are what prompted the divorce filing. At this stage, it may be possible that the Court orders for a third party negotiation.

  • Trial:-At the trial stage the court would determine a date for hearing and the examination of the witnesses. Before the trial of the case, summons shall be served to the witnesses in order to attend the proceedings in the court on a particular date. Cross- examination as well as final hearing are also included at this stage.

  • Order/ decree:-After concluding the matter on the basis of the arguments presented from both parties as well as the evidence provided supporting the same, the Court would then pronounce its order or issue the decree granting or denying the divorce.

  • Appeal:-The decree issued by the court could be further challenged on appeal in the High Court with jurisdiction over the respective Family Court. An appeal could also be filed to the Hon’ble Supreme Court of India even after the hearing at the high Court. Above mentioned appeals would be filed under Section 28 of the Hindu Marriage Act, 1955 or Section 39 of the Special Marriage Act, 1954.

Conclusion

From the discussions above, it could be concluded that the proceedings for a contested divorce may take a longer period of time, it would, hence be preferable for the parties to file for divorce through a joint petition, i.e. divorce by mutual consent.


Also, when applying for a contested divorce, the most important factor is the appointment of an experienced Divorce Lawyer In Cuttack or Divorce Lawyer In Gurgaon or your city, who shall ensure that your interests are taken care of in the court proceedings.


Lead India offers you a team of experienced advocates, who have been successfully dealing with the matters involving family laws as well as issues such as divorce petitions, cases for child custody, maintenance, etc Thus if you wish to talk-to-lawyer or seek free-legal-advice, you may contact us.



Call Us: +91–8800788535


 
 
 

Comments

Thelila059

info@mysite.com

©2023 by Thelila059. Proudly created with Wix.com

bottom of page