Contested Divorce in India: Process, Timeline and Key Insights
Divorce is never an easy decision. While mutual divorce is faster and based on consent, many marriages end up in a contested divorce, where one spouse initiates proceedings against the wishes of the other. At SJ Law Firm, with 21+ years of experience in family law, we guide clients through the entire process with compassion, clarity, and strong representation.
What is a Contested Divorce?
A contested divorce is when one partner seeks divorce on specific legal grounds while the other contests it. Unlike mutual divorce, it involves court trials, evidence, and arguments before the judge.
Legal Grounds for Contested Divorce in India
Under the Hindu Marriage Act, 1955, some of the common grounds include:
- Cruelty - Physical or mental abuse, including emotional neglect.
- Adultery - Extra-marital affairs.
- Desertion - Abandonment for at least 2 continuous years.
- Conversion of religion - One spouse converting without the other’s consent.
- Mental disorder or disease - Where it becomes difficult to live together.
- Venereal disease, leprosy, or communicable illness (as recognized under law).
- Renunciation of the world - Becoming a monk/sanyasi.
- Presumption of death - If the spouse has not been heard of for 7 years.
Process of Contested Divorce in India
- Filing of Petition - The aggrieved spouse (Petitioner) files a divorce petition in the Family Court.
- Issuance of Summons - Court sends notice to the other spouse (Respondent).
- Response by Respondent - The other party files their written statement (accepts or denies allegations).
- Evidence & Arguments - Both sides submit documents, witnesses, and arguments.
- Mediation Attempts - Courts may direct parties to counseling/mediation before proceeding.
- Final Trial & Judgment - Court decides based on evidence whether divorce will be granted.
Timeline for Contested Divorce
Unlike mutual divorce, which may conclude in 6 months, contested divorces can take 3 to 5 years, depending on complexity, court workload, and cooperation of parties.
Key Issues Decided in a Contested Divorce
Apart from dissolution of marriage, the court also decides on:
- Maintenance / Alimony (Sec 125 CrPC, Hindu Adoptions & Maintenance Act, DVC)
- Child Custody & Visitation Rights
- Division of Assets/Property (if applicable)
Role of an Experienced Divorce Lawyer
Contested divorce is emotionally and legally challenging. A skilled lawyer ensures:
- Drafting a strong petition and reply
- Gathering evidence (documents, witnesses, records)
- Protecting financial & custodial rights
- Transparent advice and strategy
At SJ Law Firm, we have successfully represented thousands of clients in contested divorce cases with results rooted in morals, ethics, and reliability.
Conclusion
If reconciliation is not possible, contested divorce may be the only way forward. While it takes time, the law ensures that justice is done. With the right legal guidance, you can protect your rights and secure a fair outcome.