APPROACH : Each case has its own unique situation and circumstances. Each individual is different from the other. Same with experience. In our journey spanning nearly two decades now, we have seen, encountered and handled thousands of contested divorce cases. We have verified and improved our ability to adapt and adapt to the perspective of a spouse seeking or defending a contested divorce. This approach helps us present the case as you suffered and faced it during your marriage. Being aware and familiar with the changing laws and courtroom nuances, we present the case accordingly. As lawyers, we take this approach, but never abandon your responsibility to act objectively, with your best interests at the heart of this approach. We know its importance. Life is at stake. We take responsibility with dedication and sincerity. We try to do complete justice along the way.

We have found that most contested divorce cases are filed for cruelty, abandonment and adultery. Let us briefly consider its basic meaning in the context of a contested divorce case.

Cruelty: This phrase is not defined in law. In fact, it cannot be defined. This is a relative term that varies from person to person. This concept must be understood based on the people involved, their education and background. What may be cruelty to one may not be to another. Generally, the behavior of one spouse makes it difficult or unlikely for the other spouse to live with the other spouse, which is reasonably expected. There are several court decisions that shaped the concept of cruelty as a basis for segregation. The judgment of the Honorable Supreme Court, Samara Ghosh, developed a list, although not exhaustive, covering the most important aspects of cruelty.

Separation: This means living apart continuously for two years before filing for divorce on grounds of rejection. But just breaking up doesn’t mean abandonment. In addition, it must be shown that the other spouse left the relationship without good reason. And most importantly, the divorcing wife tried to reconcile and restore the wife. Abandonment means the intention of the spouse to leave the marriage with the intention not to join or continue the marriage.

Adultery: This simply means that the accused spouse entered into a physical relationship with a person other than the spouse. The law requires strict proof in this matter. There is a difference between being involved in a relationship and committing adultery. Being involved in a relationship without signs of adultery can raise the issue of divorce based on cruelty.

Common Issues for Divorce

• Divorce for adultery
• Divorce for cruelty
• Divorce on the grounds of Desertion
• Divorce on the basis of conversion to another religion
• Divorce due to mental health or mental disorder
• Divorce due to virulent and incurable leprosy
• Divorce due to venereal disease
• Divorce for renunciation of the world
• Divorce with no contact for at least seven years

In addition to the above, there are additional grounds for a contested divorce available only to women.

CONTESTED DIVORCE PROCEEDINGS

• Contested divorce proceedings begin with the filing of a divorce petition. The family court obliges the other party to be notified of the arrival.
• After receiving the subpoena, the opponent must appear in person and/or through a divorce attorney and file an answer.
• The court may attempt to resolve the differences between the parties by initiating mediation or referring the matter to a counsellor/conciliation centre. If there is no reconciliation between the parties, the divorce case will proceed according to the procedure. Once the initial process of accusation and response and objection, called the procedure, is complete, the case is set for evidence after the dispute between the parties is resolved.
• The party initiating the contested divorce must first begin with the evidence. The other side is given an opportunity to cross-examine the witnesses of the opposing party.
• After that, the accused, i.e. the accused, must present evidence. Similarly, cross-examination is conducted by the opposing party’s divorce attorney. After the closing of the evidence, the final arguments are the prejudices of the divorce lawyers on both sides.
• The court then pronounces the sentence. If the party initiating the divorce can prove the case, the Family Court/Civil Court will issue a divorce decree

A contested divorce requires an expert divorce lawyer to either handle or defend the divorce case. Such an experienced divorce lawyer manages, plans and plans the entire operation. Effective planning by divorce attorneys increases the likelihood of success in a contested divorce proceeding. A contested divorce is a long process that requires a thorough professional work and approach. Good divorce lawyers can handle these complex and difficult tasks with the expertise and credibility to act as your advisor in stormy and emotional situations. A contested divorce is also complicated in terms of timing. We have learned the process of early disposal of a case in various ways and means. We can reduce the standard time without expertise and experience.