Contested Divorce Procedure in India – Step-by-Step
Divorce becomes complicated when spouses disagree on separation terms. Issues like cruelty, adultery, maintenance, and child custody often cause conflict. Therefore, understanding the Contested Divorce Procedure in India – Step-by-Step helps individuals prepare legally and emotionally for the process.
What Is a Contested Divorce?
A contested divorce occurs when one spouse files for divorce and the other spouse opposes it. The case moves forward through family court hearings and evidence. Courts examine facts carefully before granting divorce.
As a result, contested divorce takes more time than mutual consent divorce.
Why People Choose Contested Divorce
- First, one spouse may refuse consent.
- Second, serious allegations may exist.
- Third, disputes over property or custody may arise.
Therefore, the Contested Divorce Procedure in India – Step-by-Step becomes necessary.
Laws Governing Contested Divorce in India
Different personal laws apply based on religion:
- Hindu Marriage Act, 1955
- Muslim Personal Law
- Indian Divorce Act, 1869 (Christian)
- Parsi Marriage and Divorce Act, 1936
- Special Marriage Act, 1954
However, all laws require valid legal grounds.
Legal Grounds for Contested Divorce
Courts allow divorce on grounds such as:
- Cruelty (mental or physical)
- Adultery
- Desertion
- Conversion of religion
- Mental illness
- Irretrievable breakdown of marriage
Thus, strong legal grounds strengthen the case
Documents Required for Contested Divorce
Before filing, collect necessary documents:
- Marriage certificate
- Address proof
- Income proof
- Evidence supporting grounds
- Child-related documents (if any)
Therefore, preparation ensures smooth proceedings.
Step-by-Step Contested Divorce Procedure in India – Step-by-Step
Step 1: Consult a Divorce Lawyer
First, consult an experienced family lawyer. Legal guidance helps you choose proper grounds and strategy.
Step 2: File Divorce Petition
Next, file the divorce petition in the appropriate family court. Mention grounds clearly with facts.
Step 3: Court Issues Notice
Then, the court sends notice to the other spouse. The respondent must submit a written reply.
Step 4: Filing of Written Statement
After receiving notice, the respondent files a reply denying or accepting claims.
Step 5: Mediation and Counseling
After that, courts often refer parties to mediation. This step aims to resolve disputes amicably.
Step 6: Framing of Issues
If mediation fails, the court frames issues for trial. These issues guide the case.
Step 7: Evidence and Cross-Examination
Both parties submit evidence and present witnesses. Lawyers conduct cross-examination.
Step 8: Final Arguments
Next, lawyers present final arguments. They summarize facts and legal points.
Step 9: Court Judgment
Finally, the court passes judgment. If grounds are proven, the court grants divorce.
Thus, the Contested Divorce Procedure in India – Step-by-Step follows a detailed legal route.
Time Required for Contested Divorce
Contested divorce may take 2 to 5 years. However, case complexity and court workload affect timelines.
Therefore, patience remains essential.
Maintenance and Child Custody During Divorce
Courts may grant:
- Interim maintenance
- Permanent alimony
- Child custody and visitation rights
Thus, courts ensure fairness and child welfare.
Common Mistakes to Avoid
- Filing without legal advice
- Hiding facts or evidence
- Ignoring mediation opportunities
- Violating court orders
Therefore, disciplined conduct improves outcomes.
Conclusion
ontested divorce requires legal clarity and emotional strength. The Contested Divorce Procedure in India – Step-by-Step helps individuals understand court process, legal rights, and responsibilities. With proper legal support and preparation, individuals can navigate divorce lawfully and confidently.
Call Advocate Sagar Sharma today and get more advice.
- Contact Advocate Sagar Sharma.
- Bharat ki Adalat Law Firm, New Delhi.
- Phone: +91-9999019695.