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Please provide legal advice on the below


27-Mar-2024 (In Divorce Law)
What is contested Divorce? What happens if we didn’t accept for the divorce ? Can the opposite person will get without out acceptance ? Can they marry to some other person without i am accepting ? Basically, can you explain briefly on this contested divorce and the steps ?
Answers (2)

Answer #1
847 votes
when the couple agree to separate and together go to Court by accepting the divorce and terms of alimony, maintenance and child Support it is called mutual consent divorce. when only one of the parties photocode and the other person is not accepting the divorce it is called contested divorce.
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Answer #2
848 votes
contested divorce means the person who wants divorce files a case in court against his spouse to get divorce as the other spouse is not ready and willing for divorce, in contested divorce the person who files divorce has to prove in court the grounds required for obtaining divorce as mentioned in section 13(1) of Hindu marriage act, the spouse against whom case is filed has to contest see that he fails to prove and there is no reason to grant divorce, hence in this case you have to present your defence, if court comes to conclusion that husband has proved the grounds of divorce the court will grant divorce if he fails to prove Divorce will not be granted, on the other hand you can apply for restitution of conjugal rights.
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