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Writer's pictureLead India
Mar 11, 20234 min read

What If Wife Does Not Sign The Divorce Papers ?

Divorce is the process through which a marriage is declared void resulting in the parties to the marriage to part way and remarry. The two types of divorces which could be followed by the parties are mutual and contested divorce.


Thus, in case your wife is not agreeing to divorce, you may file for divorce on your own, making your wife the respondent.


The divorce in such a situation could be filed only on the grounds provided under various Acts.

  • The Hindu Marriage Act, 1955

  • The Dissolution of Muslim Marriage Act, 1939

  • The Indian Divorce Act, 1869

  • Parsi Marriage and Divorce Act, 1936

  • The Special Marriage Act, 1954

The grounds based on which a contested divorce procedure could be initiated in India are- Adultery, Cruelty, Desertion, Conversion, Grave Mental Disorder, Communicable Venereal Diseases or some other grounds include the impotence of the spouse, imprisonment, failure to provide maintenance, etc.

Different stages for a contested divorce-

When applying for contested divorce in India, different stages involved in the legal procedure are-

  • Appointment of the lawyer- One of the most important steps before applying for a divorce is the appointment of an appropriate experienced divorce lawyer in Delhi. The selection of an appropriate lawyer would decide the course of action of your case. After going through the facts of your case, your divorce lawyer would decide the grounds based on which the divorce petition could be filed.

  • Either of the parties to the marriage can file for divorce- After the appointment of the lawyer, all the necessary information and the documents must be duly provided to him. Based on the documents and the facts of the case, the lawyer would draft a divorce petition and would file it in the appropriate court. The primary jurisdiction in the divorce cases lies with the family court. After the filing of the divorce petition, a notice would be served to the other party by the plaintiff or through the court.

  • Appearance before the Court and reconciliation- After the notice has been served by the court, the parties would appear before the court. In case the court believes that there could be a chance for reconciliation, the matter would then be forwarded to the Legal Services Authority where the conciliators would look for probability of reconciliation and try to sort the issue between the parties. In case the parties agree to settle their issues after these counselling sessions, then the petition would be withdrawn from the court, if not then following stages shall be followed.

  • Reply from the respondent-The respondent would submit the reply to the petition which has been filed by the plaintiff for divorce. If he/she does not wish to divorce, the defendant must deny each allegation made against him/her. In case the allegations so made are not denied specifically, it would be deemed by the court that the defendant is agreeing to the charges filed against him/her.

  • Settlement-After assessing the documents and the facts of the case, the court would settle for the points of consideration which would be decided under Order XIV of the CPC. These points are the issues between the parties which have led to the petition for the divorce. At this stage, the Court may order for a third party negotiation.

  • Trial-At this stage the court would determine a date for hearing and the examination of the witnesses. Before the trial of the case, summons would be served to the witnesses to attend the proceedings in the court on a particular date. Cross- examination and final hearing are also included at this stage.

  • Order/ decree-After concluding the matter on the basis of the arguments from both parties as well as the evidence provided, the Court would the pronounce its order or issue the decree granting or denying the divorce.

  • Appeal-The decree issued by the court could be challenged on appeal in the High Court with jurisdiction over the respective Family Court. A further appeal could also be filed to the Hon’ble Supreme Court of India. Above mentioned appeals are filed under Section 28 of the Hindu Marriage Act, 1955 or Section 39 of the Special Marriage Act, 1954.

Conclusion

From the above discussion, it could be summarised, that the proceedings for a contested divorce may take a longer period of time, it would be hence, preferable for the parties to file for divorce through a joint petition, i.e. divorce by mutual consent.


Also, while applying for a contested divorce, the most important factor is the appointment of an experienced divorce lawyer in Cuttack or divorce lawyer in Gurgaon your city, who if experienced, could ensure that your interests are taken care of in the court proceedings.


Lead India, for this matter could assist you in a better way, as we offer you a team of experienced advocates, who have been successfully dealing with the matters involving family laws as well as issues such as divorce petitions, cases for child custody, maintenance, etc.


Thus, in case you wish to talk to a lawyer or seek free legal advice online, you may contact us..


Call Us: - +91-8800788535


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