What is contested divorce?
Contested divorce is a full trial: petition, reply, issues, evidence and arguments. It takes longer than mutual consent divorce and depends heavily on evidence.
During the case, either party can ask for interim maintenance and litigation expenses (section 24 of the Hindu Marriage Act) and interim custody arrangements.
Who may need this service
- Spouses whose partner refuses divorce
- Spouses facing cruelty or desertion
- Spouses whose partner has remarried or disappeared
Legal framework
Grounds under section 13(1) of the Hindu Marriage Act include adultery, cruelty, desertion for at least two years, conversion, incurable unsoundness of mind or mental disorder, virulent and incurable venereal disease in communicable form, renunciation of the world and not being heard of for seven years. Section 13(2) gives additional grounds to the wife.
Section 13(1A) allows divorce where there has been no resumption of cohabitation for one year or more after a decree of judicial separation, or no restitution after a decree for restitution of conjugal rights.
Documents generally required
- Marriage proof
- Evidence supporting the ground (messages, medical records, police complaints, witnesses)
- Income and asset details
- Details of children
Document requirements may vary depending on the applicable legal route, individual circumstances and the concerned authority.
Procedure
- Assess the ground. Evaluate evidence for the ground.
- Petition. Draft and file before the family court.
- Mediation. Court-referred mediation is common.
- Evidence. Examination and cross-examination of witnesses.
- Arguments and decree. Final hearing and judgment.
Common problems we see
- Weak or undocumented evidence
- Counter-cases filed in response
- Delay in service on a spouse living abroad
How an advocate can help
- Assess grounds and evidence
- Draft pleadings
- Conduct trial and interim applications
Delhi courts and NCR
In Delhi, family courts sit in the district court complexes. We assist in matters at Tis Hazari Courts, Saket Courts, Patiala House Courts, Karkardooma Courts, Rohini Courts, Dwarka Courts, and in NCR at the district courts of Noida, Greater Noida, Ghaziabad, Gurugram, Faridabad. The correct court depends on jurisdiction rules for your case.
Related services
Frequently Asked Questions
How long does a contested divorce take?
What counts as cruelty?
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.