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What is contested divorce ?
Contested divorce definition: In contested divorce cases the spouses cannot arrive at a settlement on one or more key issues in order to mutually terminate their marriage. When spouses are not able to settlement their key difference even with the assistance of their family members, friends or divorce lawyer, they can approach Bandra Family Court, Thane Family Court or Panvel District Court to adjudicate their dispute. Contested divorces are very common now, as there are many key issues that are required to be resolved during the course of dissolution of marriage. The typical key issue which require resolution during the course of a contested divorce includes: alimony, maintenance, residence, streedhan, child custody, child visitation, child support, distribution of joint properties, debt clearance, withdrawal of civil or criminal cases, etc.
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What is difference between uncontested and contested divorce ?
Explaining the Contested vs uncontested divorce difference we can say that uncontested divorces are often referred to as divorce by mutual consent. An uncontested divorce is filed when the spouses agree dissolve their marriage by a decree of divorce with the help of a mutual divorce lawyer when their marriage is irretrievable breakdown on following grounds of divorce:
* Husband and wife have not been able to live together.
* Husband and wife have been living separately for minimum period one year.
* Husband and wife have mutually agreed to dissolve their marriage.
Uncontested divorce is defined as husband and wife agreeing for mutual and peaceful dissolution of marriage out of own free will and without any coercion, force or fraud. The major ingredient for uncontested divorce is the free consent of both husband and wife. There are certain aspects in the uncontested divorce on which the husband and wife have to reach mutual consensus regarding alimony, maintenance, residence, streedhan, child custody, child visitation, child support, distribution of joint properties, withdrawal of civil or criminal cases, etc. through uncontested divorce settlement agreement.
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File contested divorce in Mumbai, Thane and Navi Mumbai jurisdiction
Divorce lawyer can help in contested divorce in Mumbai, Thane, Navi Mumbai and Delhi. Mumbai, Thane and Navi Mumbai fall under territorial jurisdiction of Bandra family court, Thane family court and Panvel District Courts respectively.
Contested divorce papers can be filed in local limits of the Family Court or District Courts, where:
* the marriage was solemnized, or
* the respondent, at the time of the presentation of the uncontested divorce papers, resides, or
* where wife resides, or
* last place where both parties resided together.
* the petitioner is residing at the time of the presentation of the divorce papers, in a case where the respondent is, at that time, residing beyond the territories to which this Act extends, or is believed to be not alive for a period of seven years or more by those people who would normally know if he is alive.
If either of the above mentioned conditions is met, then accordingly the filing of contested divorce petition can be done at Bandra Family Court, Navi Mumbai, and Thane family court.
Bandra family court address :
Family Court, Mumbai
New Administrative Bldg.,
"B" Wing, Bandra-Kurla Complex,
Bandra (East), Mumbai - 400 051
Telephone No. 022-26591270 Bandra family court case status by case number
Thane family court address
Thane family court case status by case number
Panvel family court address
Panvel family court case status by case number
To ascertain your jurisdiction for filing contested divorce petition kindly call mutual consent divorce lawyers at +91- 8291142435 or click here to contact us.
What are the laws governing contested divorce procedure in Mumbai, Thane and Navi Mumbai?
Procedure for contested divorce by is governed by customs and religion of spouses seeking divorce.
Contested Divorce under Hindu Law,
Contested Divorce under Hindu Marriage Act, 1955 can be filed by Hindus, Sikhs, Jains and Buddhists after understanding the procedure for filing divorce in consultation with divorce lawyer. Either of the aggrieved spouses can hire divorce lawyer in Mumbai who can prepare divorce papers under the Hindu Marriage Act 1955. Section 13 of the Hindu Marriage Act gives provisions for contested divorce.
Contested Divorce under Muslim law
In case of Muslims, a divorce Petition can be filed only by wife. There are no judicial provisions for Muslim men to file for divorce against her Muslim wife. Muslim men can chose to divorce through their Muslim Personal laws, however, Muslim women apart from their personal laws can choose file for divorce under section 2 of The Dissolution of Muslim Marriages Act, 1939.
Contested Divorce in Christian law
There are no provisions for contested divorce under Christian Marriage Act, 1872. Most of the people wrongly search for Christian Marriage act divorce or divorce under Christian marriage act. Contested divorce under Christian marriage act is just a misnomer. Christians can seek filing of contested divorce papers at Bandra Family Court, Thane Family Court or Panvel District Court under section 10 of Indian Divorce Act, 1869.
Contested Divorce under Parsi Marriage Act, 1936
Parsi community can seek filing of contested divorce papers under section u/s 31 Parsi Marriage Act, 1936. In Maharashtra contested divorce decree for Parsi can only be sought from the Bombay High Court.
Contested Divorce under Special Marriage Act, 1956
Spouses belonging to different religions and castes can seek filing of contested divorce papers under section 27 of the Special Marriage Act 1956.
Our team of divorce lawyers in Mumbai can help filing of contested divorce by preparing your divorce papers. For more information on filing contested divorce papers kindly call our divorce lawyer in Mumbai number at +91- 8291142435 or click here to contact us.
Grounds for contested divorce in India
Marriage related laws provide various grounds to seek divorce from your spouse. Common grounds for contested divorce in India are:
* Divorce on the ground of adultery.
* Divorce on the ground of no physical relations.
* Divorce on the ground of cruelty.
* Divorce on the ground of desertion.
* Divorce on ground of impotency.
* Divorce on ground of conversion to another religion.
* Divorce on ground of mental disorder.
* Divorce on ground of venereal disease.
* Divorce on ground of renouncing the world.
* Divorce on ground of civil death.
Contested divorce procedure at Bandra Family Court, Thane Family Court and Panvel District Court
The Procedure for filing contested divorce at Bandra Family Court, Thane Family Court and Panvel District Court is easy, however, it is advisable to consult and engage a divorce lawyer in Mumbai for drafting and filing of contested divorce petition.
Contested divorce steps and procedure:
Biography: Once you have made-up your mind for filing contested divorce it is necessary you write your biography starting from the day you met your partner narrating all the dates and incidents related to marriage which has negatively impacted your marriage and has caused disharmony.
Engage a contested divorce Lawyer: It is advisable to consult contested divorce lawyer in Mumbai to know your legal rights related to alimony, maintenance, residence, streedhan, child custody, child visitation, child support, distribution of joint property, other civil or criminal cases, etc.
Draft the contested divorce petition: On your instructions contested divorce lawyer will draft your divorce petition on various grounds for divorce which will be filed before Bandra Family Court, Thane Family Court or Panvel District Court as per the jurisdiction.
Filing of contested divorce petition: On the date of filing of contested divorce case the petitioner must appear before the Family Court Registrar in-person or through video conferencing or through their Power of Attorney holder to affirm and verify the contents of contested divorce petition.
Summoning of Respondent: After acceptance of contested divorce petition by Family Court, the respondent spouse is summoned by the court for a given date.
Appearance of Respondent: Respondent will have to file reply within 30 days of receiving the summons. If respondent does not appear despite service, then Family Court may proceed with the matter in the absence of respondent which is called ex-parte proceeding in legal terms. From tis step contested divorce hearing begins.
Mediation and Counselling: Both the parties are sent to marriage counselling and mediation to explore the possibilities for reconciliation or dissolution of marriage by divorce by mutual consent. Another question arises at this point if mediation is successful can a contested divorce be changed to uncontested. Answer is yes; contested divorce can be changed to uncontested at any time before pronouncement of decree once key disputes between the couple are amicably settled.
Evidence of Petitioner: Spouse filing contested divorce petition files the evidences before Family Court Judge in support of claim. The Petitioner also produces the witnesses to prove the incidents and documents in support of the claim. Cross examination of the Petitioner and his witness are cross-examined by lawyer of respondent.
Evidence of Respondent: Respondent opposing contested divorce petition files the evidences before Family Court Judge against the claim of Petitioner and in support of his/her claim. The Respondent also produces the witnesses. Cross examination of the Respondent and his witness are cross-examined by lawyer of Petitioner.
Final Arguments: Both parties are given opportunity to present their final argument during contested divorce final hearing.
Judgement: After final arguments Family Court Judge pronounces the judgment and on successfully proving the contested divorce case the divorce decree is granted.
Cerfified Copy: The parties to apply for certified copy of judgement and decree.
Remarriage after contested divorce in India
After pronouncement of judgment for dissolution of marriage, the parties are free to remarry after period of 90 days if no appeal is presented to High Court. Spouse who is not happy with the judgement of the Family Court Judge may appeal to High Court within 90 days from date of judgement. Marriage solemnized by either of the spouse within 90 days is void and the spouse can be tried for bigamy.
Contested divorce time in India ?
Ex-parte contested divorce generally takes 6 -12 months. Fully contested divorce takes around 4 - 5 years. The contested divorce proceedings can be expedited by filing a Writ Petition before Bombay High Court or Supreme Court of India.
Contested divorce without attorney
Yes you can file contested divorce in-person; however, it is advisable to engage good divorce lawyer in Mumbai to represent you in family court. If you want to appear in-person, our team of divorce lawyers in Mumbai can help you drafting and filing of contested divorce by preparing your divorce papers.
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Documents required for contested divorce
* Contested Divorce Petition.
* First motion of mutual consent divorce petition.
* Original Photo-id card (Aadhaar card, Passport, Voter id, etc).
* Address proof (Aadhaar card, Passport, voter-id, PAN card, electricity bill, Affidavit, property document – like Registered Leave and License Agreement or property ownership document).
* Original Marriage Registration certificate.
* Original / Certified Divorce decree of earlier marriage, if any.
* Original Marriage Invitation Card.
* Clear marriage picture.
* 4- 5 passport size picture.
For more information on filing contested divorce petition kindly call contested divorce lawyer in Mumbai at +91- 8291142435 or click here to contact us.