Grounds
Under section 13 of the Hindu Marriage Act, grounds include cruelty, desertion for two years, adultery, conversion, serious and incurable mental disorder, communicable venereal disease, renunciation of the world, and not being heard of for seven years. A wife has some additional grounds. The Special Marriage Act has similar grounds in section 27.
Steps
- Petition. Filed in the family court with jurisdiction.
- Notice. The court issues summons to the other spouse.
- Reply. Written statement, possibly with counter-claims.
- Interim applications. Interim maintenance and litigation expenses under section 24, custody and visitation.
- Mediation. Referral to mediation or counselling.
- Issues. The court frames the questions to be decided.
- Evidence. Affidavits, documents and cross-examination.
- Arguments and decree. Final hearing and judgment.
Appeal
An appeal against a family court decree lies to the High Court within the statutory time limit. Time limits are strict, so act promptly after the judgment.
Our role
We assess whether your facts support a ground, build a clear chronology, organise evidence, and represent you through each stage. We also keep settlement options open at every stage.
Related pages
Frequently Asked Questions
How long does a contested divorce take?
Can a contested divorce become mutual?
Can I remarry while the appeal period runs?
Disclaimer: This page gives general information about the law and procedure as understood at the time of writing. It is not legal advice for your situation. Requirements may vary depending on the parties' circumstances, applicable law, jurisdiction and the concerned authority, and rules and forms change from time to time. Please consult an advocate before acting.