June 01, 2023 | Family LawMarriage is a bond of love but sometimes it becomes difficult for the couple to carry it forward due to various reasons like infidelity, loss of interest or may be simple fall out of love.
Marriage is a bond of love but sometimes it becomes difficult for the couple to carry it forward due to various reasons like infidelity, loss of interest or maybe simple falling out of love.
Marriage is a bond of love but sometimes it becomes difficult for the couple to carry it forward due to various reasons like infidelity, loss of interest or maybe simple falling out of love. In a society like ours where orthodox ways are still being followed in few parts, domestic violence and dowry harassment towards women and misuse of both towards men remain one of the primary grounds for unilateral divorces. Personal ego clashes and the inability to compromise by the parties is also seen as a major reason in the current scenario. Sometimes both husband and wife neither want to live under the same roof nor wish to move on very easily.
In a situation where the couple disagrees on every single issue like alimony, custody of children etc. and where the concept of divorce by arriving at mutual terms looks impossible, contested divorce also termed as “unilateral divorce” comes into the picture. Generally, in contested divorces, one party is interested in seeking divorce and the other is either not in favour of the same or gets so revengeful that they want their spouses to suffer for a very long time.
Under the concept of contested divorce, the divorce is sought on the grounds of fault or guilt by one of the parties to the marriage.
There are various grounds under which the divorce is granted. These are as follows:
In India, most of the contested divorces are filed on the ground of cruelty as it covers various social issues mentioned in the opening para and the scope is so wide that anything, which a person claims is mentally stressful and traumatic, comes within its ambit. Divorces on other grounds are either not very common as compared to the ground of cruelty or require documentary evidence beyond any reasonable doubt. However, in the case of adultery, since direct proof of adultery is very rare, courts in India have held that it can be proved by circumstantial evidence.
Where to file the petition: Based on the above-mentioned grounds of divorce, the aggrieved party can file the divorce before the District Court within whose jurisdiction the marriage was
Supreme Court is vested with powers to transfer petitions from one state to other on request if such transfer is expedient for ends of justice. Same powers are vested with High Court where the transfer is sought within the same state. The burden of proof is on the party seeking transfer.
It is pertinent to mention that the presence of both the parties at the time of evidence is mandatory and can’t be dispensed with. In case any of the parties is not in India, the said person shall be required to travel to lead evidence.
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