How much time will it take for contested divorce in the absence of any valid grounds.. what's the procedure of court if no grounds are their. What's the first preference of court granting divorce or try to keep marriage..
PARUL (Lawyer) 19 July 2013
"As the name suggests, in contested divorce you will have to contest it. Indian laws in general recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind( of Incurable form), Impotency, renouncing the world, etc. Aggrieved party has to take one of the above grounds of divorce and will have to file the case in the Court of appropriate jurisdiction. Party which files the case has to prove the case with support of evidence and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly." - This suggests that there has to be some grounds of contested divorce.
First preference of court in majority of cases will be to retain the marriage.
@ Vibhor,
1. No court will give decree without any proof.(No time limit).
2. If contested without proof it will run till you don't say infront of the court that you don't want to live with her at any cost it is better to live in prison than to live with this lady (show extreme unhappiness that judge will also compell to see inside you why you don't want to live with her),show exceptional hardship by arguement as it will go years but atlast you will get divorce,(as she has done no. of things that you know better what to say as you don't want to live with her.)
3. You are ready to provide maintenance if she is not working.
4. Live seperately and show that it is next to impossible to reconcile infront of honourable court.(As no court in this world can forcefully grant you to live with her but can order you to pay maintenance to her).
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 19 July 2013
Dear Querist
without any ground no suit/petition for divrce can be file before the court, there should be any ground mentione in section 13 of hindu Marriage act for Contested divorce.
fighting back (exec) 20 July 2013
@vibhor. do u want to keep her or leave her????
first you decide for yourself. then move on. but keep one thing in mind, even if you want to contest her divorce petition and keep her, but the woman has lost interest in you and thats the reason she has filed for divorce.
remember one thing, no one apporaches the court just for 'time pass' and file divorce, filing for divocre is the extreme end of patience he or she has, and contesting it is only waste of time because even if you win your constest, she will never stay with you with her heart, and nobody can force her to stay with you, even legally.
so think before you contest, or else let go of her....................
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