Contested Divorce
What if I don't want a divorce and my husband / wife has filed for divorce?
In this regard, there are two options available, one is filing a necessary application before jurisdictional court or seeking mediation from the court.
Mediation: At any point, if there is a chance to discuss marital disputes and settle them under judicial supervision, then one of the parties can make a prayer before the jurisdictional court expressing their willingness to seek mediation, which will be conducted in the premises of jurisdictional court with one of the court appointed mediators, who are experienced in dealing marital disputes.
ROC: In these circumstances, necessary application should be filed before jurisdictional district court seeking a decree to continue cohabitation. Upon satisfaction, if a court passes a decree, husband and wife can start living together. But, this is not mandatory or compulsion that parties to marriage should resume cohabitation, if one of the party is unwilling, they can seek a divorce. This should be considered as an opportunity provided by Hon’ble Court to continue marital relationships, as the saying goes “time heals everything.“
If husband and wife forget the past and accept each other for a new beginning after, then definitely the marriage would sustain.
Applicable laws for contested divorce cases under various laws in India:
The applicable laws are as follows;
1. Section 13 and 13B of the Hindu Marriage Act 1955.
2. Section 23, 24, 25, 27, 27A, and 28 of the Special Marriage Act, 1954.
3. Section 10 and 10A of the Divorce Act, 1869.
4. Section 32, 32A, 32B, and 34 of Parsi Marriage Act 1936.
Also, if you are interested, go through these sections