top of page
Feb 16, 20233 min read

Why Contested Divorce Start In India ?

A bond of love- marriage, sometimes it becomes difficult for the couple to continue it due to various reasons such as infidelity, loss of interest in one’s partner or may falling out of love. Some other reasons such as dowry harassment or domestic violence could also be the reason for divorce amongst couples. While in some other cases, ego clashes or inability to compromise by the parties could also be a major reason for breakdown of marriage.


In situations where the couple disagrees on every single issue such as alimony, custody of the children, maintenance, etc. or where it seems impossible to reach the terms of a mutual divorce, contested divorce or “unilateral divorce” comes into the picture. Mostly, in a contested divorce, one spouse is interested in seeking divorce while the other is either not in favour of divorce or just wishes for their partner to suffer for a long time.


Concept of Divorce-

The term ‘divorce’ could be understood as the legal dissolution of judicial ties in the form of marriages. Hence, a divorce could be understood as the means to break a marriage which happens not just between two individuals but two families as well.

Reasons for Divorce in the society-

The rate of divorce in the Indian Society has grown to a huge extent. The reasons for the divorce and the approach of the society at the same time could be understood in relation to the stereotypical belief of the society. Some of the reasons for the divorces in India could be understood as-

  • The independence of the women- with the increasing modernisation, industrialisation resulting in the increasing involvement of the women in the society, has resulted in the women being aware of their social rights and becoming independent. Hence, women are not afraid of standing for themselves and to raise their voices against the wrongs committed against them by their in-laws. Thus, the increased rates of divorces in the society.

  • Communication gaps- In the absence of proper communications amongst the couples, misunderstandings grow resulting in frequent fights, which could ultimately become the reason for divorce.

  • Cheating and affairs- Once trust has been broken, it could never be built upon again. Hence, when a cheating partner breaks the trust of his/her partner, it could never be restored again. Cheating and an existing affair could break, destroy and demolish a relationship.

  • Problems with the in-laws- Introduction of provisions such as Section 498-A of the IPC related to cruelty, Section 304B related to the dowry deaths, etc. explain the situation of a woman with her in-laws. Instances of dowry demands or cruelty with the woman or false framing of in-laws with the charges of dowry demands, would ultimately result in divorces.

Grounds for a contested divorce under the Hindu Marriage Act-

Various grounds have been provided under which one could file for a divorce petition-

  • Cruelty- both of physical or mental nature.

  • Unsoundness of mind which is not curable or a mental disorder to such an extent that it is not possible for the partner to continue living together.

  • Desertion for a period of not less than 2 years.

  • Adultery

  • Conversion to any other religion

  • Suffering from a venereal disease which is communicable in nature.

To file a petition-

On the basis of the above mentioned grounds of the divorce, aggrieved party to a marriage could file for the divorce before the District Court under whose jurisdiction where-

  • The marriage was solemnised

  • The respondent resides

  • The parties to the marriage last resided together.

For further information related to the divorce cases, it is advised to seek legal opinion from experienced divorce lawyer in kolkata


Conclusion-

Previously, in the Indian culture, there was no concept of divorce, however with the huge changes in the society, the very purpose of the divorce is to punish the guilty party as well as to protect the innocent or the loyal ones within the marital bonds.


To have a better understanding of the legal provisions involved in the divorce laws, it is advised to seek legal guidance from experienced divorce lawyer in mumbai or divorce lawyers in hyderabad.


Lead India offers you a team of experienced advocates who have been successfully dealing with cases related to divorce, maintenance, child custody, etc. If you wish to talk to a lawyer or seek free legal advice online, you may contact us.


SOURCE

Call Us: - +91-8800788535



Commentaires

bottom of page