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What is a contested divorce in Indore?

What is a contested divorce in Indore?

A contested divorce in Indore is a divorce proceeding in which the spouses cannot agree on one or more issues, such as alimony, child custody, or division of property. As a divorce lawyer in Indore, I can tell you that contested divorces are more complex and time-consuming than mutual consent divorces.

Steps involved in a contested divorce in Indore

  1. File a petition for divorce: Either spouse can file a petition for divorce under Section 13 of the Hindu Marriage Act, 1955 in the Family Court in Indore. The petition must state the ground for divorce and the relief sought by the petitioner.
  2. Summon: Once the petition is filed, the court will issue a summons to the other spouse. The summons will inform the other spouse of the petition and require them to file a response.
  3. Written statement: The other spouse must then file a written statement in response to the petition. The written statement must admit or deny the allegations made in the petition and set out the respondent’s own case.
  4. Issues: The court will then frame the issues in the case. These are the questions that the court will need to answer in order to decide the case.
  5. Evidence: Both spouses will then have an opportunity to present evidence in support of their case. This may include oral testimony, documentary evidence, and expert testimony.
  6. Arguments: Once all of the evidence has been presented, both spouses will have an opportunity to make oral arguments to the court.
  7. Judgment: The court will then deliver its judgment in the case. The judgment will either grant the decree of divorce or dismiss the petition.

If the court grants the decree of divorce, it will also decide on the following issues:

  • Alimony: The court may order either spouse to pay alimony to the other spouse. The amount of alimony will depend on a number of factors, such as the financial needs of the spouse seeking alimony, the income and assets of the other spouse, and the length of the marriage.
  • Child custody: The court will decide who will have custody of the minor children of the marriage. The court will consider the best interests of the children when making its decision.
  • Division of property: The court will divide the marital property between the spouses. The division of property will be based on the principles of equity and fairness.

Cost of a contested divorce in Indore

The cost of a contested divorce in Indore varies depending on the complexity of the case and the experience of the lawyer. However, it is generally more expensive than a mutual consent divorce.

Benefits of a contested divorce in Indore

  • It is the only option for couples who cannot agree on one or more issues related to their divorce.
  • It allows the court to decide on important issues such as alimony, child custody, and division of property.
  • It can protect the rights of the spouses and children involved in the divorce.

Tips for getting a contested divorce in Indore

  • Be honest and open with your lawyer about your situation and your goals.
  • Be prepared to negotiate and compromise on important issues.
  • Be patient and understanding, as contested divorces can take time to resolve.
  • Follow the instructions of your lawyer and the court.

If you are considering a contested divorce in Indore, I recommend that you consult with an experienced divorce lawyer to discuss your specific situation and get legal advice.

Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304

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