Divorce is an extremely unpredictable, stormy stage of life, and it can happen to any marriage at any time. The pair’s uncontrollable grief over their failed marriage, worry regarding their independent future, many trips to the attorney, gathering pertinent documentation to back up their application, providing the child with the necessary care, etc. are all factors in their situation. The spouses’ busy and stressful routines are a result of several of these circumstances. They will become even more depressed and helpless if the appropriate court rejects their desire for a divorce. Talk to top lawyers in bangalore for divorce
Legal divorce requires a detachment decree from the appropriate judge. There are two types of separation in Hindu law.
Mutual Divorce
A separation by mutual agreement is one in which the parties agree to split and execute a joint petition saying that they had been apart for more than a year. This dissolution somehow doesn’t occur in a courtroom. No appeal within the initial year of partnership may be accepted when requesting a mutual separation. The couple must appear before the judge after filing the divorce application so that the judge can assess the mutual divorce process. A cooling-off phase, which was previously required throughout the overall process, will now be dismissed at the appellate level.
Contested Divorce
When one spouse divorces the other and is prepared to split from the other spouse but the other spouse does not want to leave, the divorce is contested. In such a situation, the divorce processes are handled in the presence of a court, and the judge, not really the partners, decides on issues like the land dispute, parental rights, maintenance, and compensation.
Only specific legally recognized grounds are permitted to file for a contested divorce. Violence, adultery, conversion, dissertation, mental illness, and communicable diseases are a few examples of these.
Can my petition for separation be denied?
A proposal for separation is submitted to a magistrate when requesting a divorce, whether it be uncontested or mutual. In the event of a consensual divorce, the court considers the history of the case, challenges both parties’ choices, and tries to mediate. Only after the judge is completely pleased with the combined plea does the judge grant the divorce. In order to safeguard the marriage institution and ensure there is no injustice, this is accomplished.
Additionally, in a contested divorce, both spouses provide the judge the authority to make decisions on their behalf since they are unable to come to an agreement concerning the complex choice of divorce.
Be it a mutual or disputed divorce, a court has the right to deny a divorce petition in either circumstance.
Note
Consult an attorney
Before requesting a divorce, it is crucial to speak with an attorney concerning all of your legal options. A lawyer is essential for submitting regulatory documents and for preparing the actual pleadings in front of the courts, aside from legal advice. They have a significant amount of knowledge in family law and can be very beneficial in preventing the denial of your petition.
