How Long Does A Contested Divorce Take In India

A contented divorce is the type of divorce that is most common in India. As people become more conscious of their terrible reality, they are gradually making the decision to leave unsatisfactory marriages and enter better ones.

Grounds:

The decision to dissolve a marriage is one of the most painful and challenging ones a person will ever make, thus it is necessary to move cautiously. Unresolved problems in a marriage might cause it to worsen and result in divorce. There are several reasons for divorce, including:

• Cruelty: At first, cruelty was not considered a valid reason for divorce. But now that the Hindu Marriage Act of 1976 has been amended, it is regarded as a legal basis for a contested divorce in India. Cruelty is easily associated with negative effects on the body and mind. It could cause the particular spouse either direct or indirect harm. Most divorces in India are granted on the grounds of cruelty, or when a husband or woman physically abuses their spouse.
• Adultery: A valid cause for filing for divorce on behalf of the partner who was not involved is when one partner engages in sexual activity with someone other than their partner. On this basis, they must back up the partner's accusation.. Since it can be difficult to find precise evidence in certain situations, the most likely proof can be taken into account.
• Desertion: In the most basic terms, desertion may be described as a long time of neglect on the side of one spouse by the other. It cannot be inferred on the desertion ground for a Contested divorce if this neglect is a result of their consent. If the petitioner could show there was nothing left between them other than sharing a roof, it may also be a viable reason for divorce.
• Conversion: Another reason for a contentious divorce in India is the change in one spouse's religion. However, not all laws recognize this as a legal justification. Despite being recognized as a valid ground under the Hindu Marriage Act of 1955, the dissolution of the Muslim Marriage Act of 1939 and the Special Marriage Act of 1954 does not consider it a valid ground. This privilege only applies to those who were coerced into converting to another religion; it does not apply to those who are already members of that religion.
• Mental Disorder: If a person's mental health cannot be improved and is deteriorating day by day, there is a legal basis for the partner to request a divorce from the marriage. It could be interpreted as a situation where the husband or wife is unable to manage themselves. If a spouse wishes to file for divorce based on mental illness, they must first prove that condition.
• Communicable Venereal Diseases: Get familiar with the definition of venereal disease before trying to understand the context. Venereal illnesses, sometimes known as STDs, are conditions that spread during sexual activity from afflicted persons to healthy ones. According to all divorce laws, this ground is acceptable for dissolving a marriage. This property's primary goal is to protect the spouse against venereal disease.

Time taken in Contested Divorce:

Contested divorce, as the term implies, entails a protracted and challenging process where one partner is prepared to separate but the other partner does not want to separate. The procedure of a contested divorce is drawn out because the spouse seeking the divorce must first carefully choose the lawyer who will represent their requirements and interests in court. The spouse making the claims against their spouse must be able to compile enough evidence and witnesses to render their petition inadmissible before filing for a contested divorce. The creation of such a petition is a time-consuming, labor-intensive operation.

The judge hears the claims and defenses offered by both parties after the petition is filed in court and only moves forward with the petition if satisfied. Various hearings take place over the course of months, and if all the evidence and witnesses are presented and carefully questioned, they may last years. The process not only gives one side of the tale, but it also gives the other spouse a fair chance to defend themselves.

It typically takes two to three years to resolve a contentious divorce case, and in extremely difficult circumstances, up to five years. The entire process is wasted and the divorce may take some time to be finalized if the unhappy spouse, then appeals the family court's ruling to the Supreme Court.

For a contested divorce, it is advisable to appoint a lawyer. Divorce lawyer in delhi can be appointed if the couple lives in Delhi. At Lead India also our lawyers provide guidance in divorce matters. You can talk to lawyer and ask a legal question here. You can also seek free legal advice from experienced lawyers here.

SOURCE

Visit us: - https://www.leadindia.law

Call Us: +91-8800788535

Email: care@leadindia.law

YouTube: - https://www.youtube.com/c/LeadIndiaLawAssociates

Facebook: - https://www.facebook.com/leadindialaw

LinkedIn: - https://www.linkedin.com/company/76353439

Twitter: - https://twitter.com/leadindialaw

Pinterest: - https://in.pinterest.com/lawleadindia

Instagram: -https://www.instagram.com/leadindialawofficial

Contested divorce, talk to lawyer, divorce lawyer in delhi

What Is The Age Criteria Required For Court Marriage In 2022

 In spite of the fact that society and its rigid laws have stopped people, especially women, from making their own decisions about their life and the age at which they want to marry, marriages in India are nonetheless treated with great care and consideration. Up until 1823, a person had to be 21 years old to get married in the Victorian era. However, it was lowered to 14 for boys and 12 for girls after 1823. Child marriage was one of the social ills that existed in colonial India.

Girls were typically married off between the ages of 10 and 12 at this time. In 1978, India saw a significant transformation following its independence when the legal age of marriage was raised to 21 for men and 18 for women. The Indian government recently introduced a bill to raise the minimum age for marriage for women from 18 to 21 years old.

According to the National Family Health Survey-5 (NFHS-5) 2019–21, 14.7% of women in urban areas and 27% of women in rural areas who are 20–24 years old were married before they reached 18. 3.8% (urban) and 7.9% (rural) of women aged 15 to 19 who were already mothers or expecting babies at the time of the survey (rural).

The Prime Minister Narendra Modi-led NDA administration has now decided to raise the legal age of marriage for women from 18 to 21 in order to put them on an equal level with males.

IMPORTANCE OF LEGALIZATION:

A committee led by Jaya Jaitley was assembled by the Ministry for Women and Child Development in June 2020 to look at the connection between marriage and concerns with women's nutrition, newborn and maternal mortality, and other issues. The outcome recommended raising the marriageable age to 21.

Gender parity is an additional factor. The Special Marriage Act Section 4(c) specifies that the legal age for marriage for women is 18, while the age for men is 21, although there doesn't seem to be any justification for this difference. Since the voting age and the legal age to give your consent and sign a contract are both the same, the age to engage into a bond for life should also be the same. The Supreme Court ruled in the landmark case Independent Thought v. Union of India that it is critical to equalize the marriage age for men and women.

Another factor is gender parity. The Special Marriage Act Section 4(c) states that men and women must be at least 18 years old to get married, yet there doesn't seem to be any reason for this distinction. The age to enter into a bond for life should be the same as the voting age and the legal age to provide consent and sign a contract as these three requirements are all the same. It is crucial to equalize the marriage age for men and women, the Supreme Court concluded in the historic case Independent Thought v. Union of India.

ADVANTAGES:

• The main benefit is that this action will advance gender equality by making the legal marriage age the same for men and women, in accordance with article 14 of the Indian Constitution's guarantee of the right to equal treatment.
• Additionally, this action may put an end to the problem of adolescent marriages, in which 14 to 15-year-old females are married off after being misrepresented as being 18 or older. Even now, 23.3% of women in the country get married off before turning 18. Data shows that while the dropout rate for girls in grades one through five and six through eight is only 1.2% and 2.6%, respectively, it is a staggering 15.1% in grades nine and ten. Hopefully, this choice will have a good impact on the number of females who drop out of school.
• With a minimum marriage age of 21, a woman will be in a better position psychologically, physically, and financially to defend herself against pressure or mistreatment from her family for getting married too young or against her will.

As of right now, India's age for court marriages is the same, at 18 for females and 21. The age and criteria for court marriage is same in the whole of the India. For example, court marriage in Agra has the same criteria as court marriage in Indore. If the couple lives in Mumbai then also the criteria for court marriage in Mumbai is same as other states.

At Lead India, we offer a range of expertise and legal services. You can ask questions to experts online free here regarding criteria for court marriage. You can talk to a lawyer to get the best advice here. Our team of attorneys understands the ins and outs of the law, helping you make informed decisions. Our team of experts also provides free legal advice online.

SOURCE

Visit us: - https://www.leadindia.law

Call Us: +91-8800788535

Email: care@leadindia.law

YouTube: - https://www.youtube.com/c/LeadIndiaLawAssociates

Facebook: - https://www.facebook.com/leadindialaw

LinkedIn: - https://www.linkedin.com/company/76353439

Twitter: - https://twitter.com/leadindialaw

Pinterest: - https://in.pinterest.com/lawleadindia

Instagram: -https://www.instagram.com/leadindialawofficial

court marriage in agra, court marriage in indore, court marriage in Mumbai

How Do I Win In Court Without A Lawyer?

As per Section 32 of the Advocate act, a person could be allowed to appear before the court to represent himself even if he does not have an advocate. Therefore the right to defend one's own case is provided through the Advocates Act in India. However, there are certain exceptions to it-

• Article 19 of the constitution provides certain freedoms to the citizens of the country which also includes the right to practise any profession or to carry any occupation, including the profession of practising law.
• Every Court has its own rules which serve as a guideline for the procedure of working of the court and some of these rules also talk about contending cases without having a lawyer represent oneself.
• These rules may prescribe that a person who is not a lawyer in the court should file a case along with a local advocate however there is no bar to appear on his own
• In fact, with the permission of the court in an advocate could also be permitted to represent himself without a lawyer present. Also a lawyer who is not on the role of advocate in the high court or Supreme Court could appear along with a local advocate enrolled therein.
• In addition to these rules, a lawyer who is not on the rolls of advocate in the High Court could move an application before the court to seek the permission of the court to appear before it without having his lawyer present.

Provision of law providing for a person to represent himself in his case-

Order Rule 1 of Civil Procedure Code-

Any application appearance or act in the court could be made by-

• The parties involved in the case
• Any recognised agent of the party
• By the pleader appearing or acting on his behalf
• This rule could be decided as per the discretion of the court

Fighting one's own case without having a lawyer present-

• They could be very loose reasons due to which a party involved in a cave has changed multiple lawyers and finally for various reasons has decided to represent himself in the court of law. However, it is much easier spoken than done.
• It is true that a party involved in a case knows way more about the facts of the case than any other person, however, to represent oneself, it is substantial to understand that such a person should be well versed with the working knowledge of the procedural parts of the law.
• For example, a person who is a party to a breach of contract and has in depth knowledge of the clauses of the contract is not sufficient. In addition to knowing the facts of the case you must be aware of the provisions of the Indian Contract act and the procedure to file a civil suit.
• Even though the courts are to provide justice to the common man it is important to understand there is definite and mechanical procedure to be followed while instituting a suit. For every step of a case a proper procedure is provided and is required to be followed. Even if you need to to get a certified copy of your own case judgement, a number of procedural steps are to be followed from following one office to another.
• Before moving to court a real deal of preparation is required to be done. Various lawyers even do not know the proper art of drafting a plaint effectively as it requires a huge amount of experience and knowledge of law. In such a situation, a layman would definitely face a number of difficulties as well as technical failures may arise, which could affect the case at its very initial stage.

Conclusion

While representing yourself in your own case may seem simple and easier, however it requires a huge amount of preparation and knowledge of legal facts and provisions. As a layman we may not even be aware of various precedents, which could be common in the field of law.

Thus, before you take such a step it is advised that you talk to lawyer and ask a legal question related to your case, so that you could have a proper look into the depth of the legal procedures involved in your case and whether you could follow them.

Lead India offers you a wide pool of experienced advocates who have been successfully handling cases of civil as well as criminal nature and could offer you free legal advice related to your case.

SOURCE

Visit us: - https://www.leadindia.law

Call Us: +91-8800788535

Email: care@leadindia.law

YouTube: - https://www.youtube.com/c/LeadIndiaLawAssociates

Facebook: - https://www.facebook.com/leadindialaw

LinkedIn: - https://www.linkedin.com/company/76353439

Twitter: - https://twitter.com/leadindialaw

Pinterest: - https://in.pinterest.com/lawleadindia

Instagram: -https://www.instagram.com/leadindialawofficial

ask a legal question, free legal advice, talk to lawyer