Please provide legal advice on below Please provide legal advice on below

4 weeks ago

What is contested Divorce? What happens if we didn’t accept for the divorce ? Can the opposite person will get without out acceptance ? Can they marry to some other person without i am accepting ? Basically, can you explain briefly on this contested divorce and the steps ?

Anik

Responded 4 weeks ago

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A.Dear Client,

Section 13(1) of the Hindu Marriage Act, 1955 outlines various grounds for divorce, including cruelty, adultery, desertion, and others. When reconciliation isn't possible and mutual divorce isn't feasible, either party can file a contested divorce petition in Family Court or District Court. Contested divorce proceedings are often more costly and time-consuming. The complexity of grounds for one-sided divorce highlights the importance of seeking legal counsel from a skilled divorce lawyer before initiating proceedings. Under the Hindu Marriage Act 1955, remarrying without a decree of divorce from the first marriage is considered illegal and a criminal offense in India.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 4 weeks ago

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A.Dear Client,
Sub-section 1 of Section 13 of the Hindu Marriage Act, 1955 presents the general grounds of divorce that are available to both the parties involved in a broken marriage and include cruelty, adultery, desertion, conversion, mental illness, communicable diseases, presumption of death, and renunciation of the world. When there is no possibility of cohabitation and no scope of mutual divorce, either party can file a one-sided/contested divorce petition before the Family Court or the District Court praying for a decree of divorce. A contested divorce is more expensive and time-consuming than a mutual divorce. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition. As per the Hindu Marriage Act 1955, anyone cannot marry a second time without a decree of divorce annulling the first marriage, and treated as illegal and a criminal offense in India.
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Vidhi Samaadhaan Vidhi Samaadhaan

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