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How to petition for a divorce while your husband refuses to grant it: Contested Divorce | Best Advocate in Indore, Divorce Advocate in Indore
Divorce is a difficult journey, and it becomes even more difficult when your spouse is not ready to give up or refuses to give up. In this post, we will discuss what you can do if you want a divorce but your husband doesn’t want to. If you want to separate from your spouse, we will go through the steps and procedures you need to follow.
Do you need your spouse's consent to divorce?
You do not need your spouse’s consent before a divorce. This type of divorce is called a disputed divorce.
You can ask for a divorce even if your spouse is not ready to get one. This is a contested divorce, and a petition for the same can be filed in a court of appropriate jurisdiction.
What is a disputed divorce?
There are two forms of divorce mutual and contested. In a divorce by mutual consent, couples compromise on issues like alimony, property, child care, maintenance, etc. But not all couples separate by mutual consent; sometimes divorce can be ugly. Things go wrong when the couple can’t agree on how to divide their rights equally. In this situation, the husband and wife drag each other to court and petition the court to hear the verdict and resolve the dispute. This method is time-consuming and expensive. This process can also be emotionally and psychologically tiring for you.
In this type of divorce, the couple is unable to make decisions.
How do I file for a disputed divorce?
In a contested divorce under the Hindu Marriage Act, one spouse files a petition citing reasons for divorce, accompanied by relevant documents. The petition is filed in the appropriate family court, which scrutinizes it and issues a notice to the other party. Mediation may be attempted initially, but if unsuccessful, the court proceeds with divorce proceedings. Both side’s present evidence and supporting witnesses. After arguments from both sides, the court pronounces its verdict. Dissatisfied parties can appeal within three months. It’s a complex process, requiring thorough legal representation and patience.
How about maintenance and alimony?
In contested divorces, courts decide alimony based on individual cases, not just when the wife seeks the decree. Even if the husband receives the decree, the court can still grant alimony to the wife. The amount awarded, if any, depends on the case specifics, and the court has full discretion.
What should you do if children are involved?
Divorce is tougher when children are involved, as both parents typically seek custody. In contested divorces, the court determines custody based on the child’s best interest, considering each case’s circumstances. Once a child turns 18, they can decide for themselves.
The Best divorce lawyer in Indore
Advocate Sanju Baghel & Baghel Associates is a law firm in Indore, established in 2002 to serve as a single-window legal service provider, i.e., advocates, solicitors, and legal consultants, in this dynamic business environment. It offers its services with a team of committed and dedicated professional advocates and lawyers located at Vijay Nagar Square, Palasia Square, Rajendra Nagar, Geeta Bhawan, Bada Ganpati, Mhow Naka, Rajwada, LIG Square, MR 10, Annapurna Road, Bhanwar Kuan, Kalani Nagar, Tejaji Nagar, Marimata Square, Airport Road, and Shivaji Vatika Square, in Indore and all the surrounding areas of Indore like Mhow, Rau, Saver, Betma, Pitampur, Kanadia, and Sanavadiya.
Are experts in their fields of practice and follow the philosophy of symbiotic relationships. Works closely with the client and is an integral part of the client’s team. Baghel Associates Office 31, Nr. 3 No School Water Tank, located at Pagnis Paga, Indore, Madhya Pradesh, provides legal advice and expertise to clients in various practice areas and industry sectors across Madhya Pradesh. The firm’s areas of expertise include divorce lawyer, criminal lawyers, bail lawyers, check bouncers, civil lawyers, and corporate lawyers.
Areas of Expertise
The firm’s areas of service are Family Law, Dowry Case Law, Child Protection Law, Marriage Registration, Court Marriage Law, Drunk Driving Case, Cyber Law, Property Law, and Labor and Industrial Law. Under the tutelage of great leadership, the company has integrity and aspires to build long-term relationships with its customers through teamwork guided by the principles of integrity, accountability, and sustainability. The firm understands the client’s perspective—the need for responsive legal advice, expertise, creativity, and value.
It is pertinent to mention here that the success rate of the advocates of Baghel Associates in the field of law is among the best in Indore. We are one of the Leading law firms in Indore that handles cases in Indore, Ujjain, and Dewas, as well as their surrounding areas.
For Consultation
E-mail us at – S.baghel28@yahoo.com
Visit the website: baghelassociate.in