Divorce can be applied in two ways- either mutual or contested. In either case, the petition is filed in the court, and the same is presented before the judge for obtaining a judgment for the same. In case of mutual divorces, the background of the case and mutual consent of both parties are verified by the judge, and they are also given a chance for reconciliation if required. Further, if the judge feels satisfied with the plea, the couple is granted a divorce decree.
On the contrary, in contested divorces, when both parties fail to come to a mutual decision, the judge has the sole right to pass judgment, taking into account the severity and background of the case. However, in both cases, the judge also has the right to reject the divorce plea for different reasons. But on what grounds can your divorce plea be rejected? How can you prevent your divorce plea from being rejected? Read on to find it out yourself:
Custody Conflicts
Divorce cases in which children are involved mostly witness disagreement in custodial concerns. As a result, the children become innocent victims of the separation of their parents. Many times, in the urge to part ways with each other, the couple tends to forget the wellbeing of their children and how their separation can impact innocent minds. In such cases, the court can reject your divorce plea when matters relating to child custody and their wellbeing are unsolved.
Dishonest Consent
In mutual divorces, both partners should agree to divorce. However, there are cases in which one of the partners is forced to give their consent or consent is obtained using fraudulent practices. In such instances, if the court comes to know about such malpractice, they can dismiss the divorce petition.
Inadequate Document Submission
Indian courts adhere to a particular format and procedural framework for applying for a divorce. Thus, it becomes necessary for the applicant to abide by all the procedural codes and be in possession of all the necessary documents required. In case of faulty submissions, missing documents, and procedural errors, your divorce plea is prone to be rejected.
To save yourself from such improper filing, it is always a good idea to consult a divorce lawyer and discuss your case with them so that they can assist you in filing the divorce along with the necessary documents. They can also help you navigate the divorce procedure with ease as they are well aware of the procedural requirements and mistakes that can cause rejection.
Unproven Contested Divorce
Under Hindu Law, an individual has the right to file for a divorce even when their partner is unwilling to give their consent for the same. In such a case, when a divorce is filed, but the applicant cannot prove the same by providing the necessary evidence and documents, the court may reject such a divorce plea.
Maximize Your Chances of Plea Acceptance: Seek Legal Assistance From Family Kanoon Lawyers in Gurgaon!
People get married to each other with the notion of living together forever, but not every marriage achieves such a milestone. There may be various reasons for which a couple may consider parting ways for good. In such a situation, when you cannot cohabit together and feel separation is the only solution without facing any divorce plea rejection and other hassle, Family Kanoon Divorce Lawyers in Gurgaon can assist you in all aspects. We have well-qualified and experienced lawyers in our team who can cater to the intricacies of your divorce and expedite the process for a successful resolution.
Our expert divorce advocates in Gurgaon can provide you with the best defense for your divorce and maximize the chances for successful divorce plea acceptance. So, what do you wait for? Schedule an appointment with us now, and let us help you get closer to your marriage dissolution when you no longer wish to live with your partner!
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