Contested Divorce in India: Process, Grounds, and Key Considerations

A contested divorce occurs when one spouse files for divorce, but the other spouse does not agree to it or disputes the terms of the divorce. Unlike mutual consent divorce, where both parties agree to the dissolution of the marriage, a contested divorce is more complex and typically involves legal disputes over matters such as child custody, alimony, and property division.

In India, contested divorce is governed by personal laws, such as the Hindu Marriage Act, 1955, Special Marriage Act, 1954, and the Indian Divorce Act, 1869. This type of divorce can be emotionally and financially taxing, as it often involves lengthy court battles and prolonged legal proceedings. In this blog, we’ll explain everything you need to know about contested divorce, including the process, grounds for filing, and the challenges involved.

What is Contested Divorce?

A contested divorce is a type of divorce where one spouse files a petition for divorce, but the other spouse disagrees with the divorce or its terms. This leads to a legal dispute that requires a court hearing to resolve issues such as alimony, child custody, and property division.

The contested divorce process is significantly more complicated than mutual consent divorce, as it involves legal battles, disputes, and emotional stress. The case may take months or even years to resolve, depending on the complexity of the issues involved.

Grounds for Contested Divorce

In a contested divorce, the spouse filing for divorce must cite specific legal grounds to prove that the marriage should be dissolved. The grounds for contested divorce vary based on the law under which the marriage was solemnized. Here are some common grounds for contested divorce under Indian law:

1. Adultery: If one spouse engages in an extramarital affair, the other spouse may file for divorce on the grounds of adultery.
2. Cruelty: Physical or mental cruelty is one of the most common grounds for contested divorce. If one spouse is abusive or mistreats the other, the mistreated spouse can file for divorce.
3. Desertion: If one spouse abandons the other for more than two years without a reasonable cause, desertion may be used as grounds for divorce.
4. Incompatibility: When the spouses are unable to live together due to irreconcilable differences, they may file for divorce on the grounds of incompatibility.
5. Mental Illness: If one spouse is suffering from a serious mental illness, the other spouse can file for divorce if the illness makes the marriage unbearable.
6. Conversion of Religion: If one spouse converts to a different religion and the other spouse does not wish to continue the marriage, the divorce can be contested.
7. Failure to Consummate the Marriage: If the marriage remains unconsummated and the spouse is unwilling to consummate it, the other spouse can file for divorce.

Each of these grounds requires evidence, and the legal process can take months or even years to resolve, depending on the complexity of the case and the court’s workload.

The Process of Contested Divorce

The process of contested divorce is more lengthy and complex than mutual consent divorce, involving the following steps:

1. Filing the Divorce Petition

The spouse filing for divorce must file a petition in the family court, citing one or more legal grounds for divorce. The petition must contain all the details of the marriage, the reason for seeking divorce, and any supporting evidence for the claims made.

2. Issuance of Summons

Once the petition is filed, the court issues a summons to the other spouse, informing them of the divorce petition. The respondent spouse has a specified period to respond to the petition.

3. Response and Counter Petition

The responding spouse can either agree to the divorce or contest it by filing a counter-petition, where they can argue against the divorce or present their own claims.

4. Evidence and Cross-Examination

Both parties will have to present evidence to support their claims. This may include witness testimony, medical records, financial statements, or other relevant documents. The court will also allow cross-examination of witnesses to test the credibility of the evidence.

5. Court Hearings

There will be multiple court hearings where the spouses present their arguments. If both parties agree on the terms of the divorce during the hearings, the court may grant a divorce. However, if there is no agreement, the court will proceed with litigation and issue its final judgment after hearing both sides.

6. Final Judgment and Divorce Decree

If the court is satisfied with the evidence and the arguments presented, it will issue a divorce decree, legally dissolving the marriage. If the case is contested, the process may take years before the final decree is granted.

For more information, check out our blog on Understanding the Divorce Process in Bangalore.

Challenges of Contested Divorce

A contested divorce can be emotionally and financially draining for both parties. Here are some common challenges:

1. Long Duration: Contested divorces can drag on for months or years, especially when both parties are unable to reach an agreement on critical issues.
2. High Legal Costs: The process often requires multiple hearings, expert witnesses, and legal consultations, making it an expensive process.
3. Emotional Toll: A contested divorce can be emotionally taxing, especially when there are disputes over child custody, financial matters, and other sensitive issues.
4. Impact on Children: If children are involved, a contested divorce can have a negative emotional impact, as the parents may engage in disputes over custody and visitation rights.

Advantages and Disadvantages of Contested Divorce

Advantages:

• Legal Protection: If one spouse is being abused or mistreated, a contested divorce provides legal protection and allows for a more thorough examination of the issues.
• Judicial Intervention: The court plays a crucial role in resolving disputes when both parties cannot agree, ensuring a fair and just outcome.

Disadvantages:

• Time-Consuming: A contested divorce can take years to finalize, delaying the resolution of the legal and financial aspects of the separation.
• High Costs: The legal fees, court costs, and other expenses can add up quickly.
• Emotional Stress: The adversarial nature of contested divorce often results in high emotional stress for both spouses, especially when children are involved.

When Should You Consider Contested Divorce?

A contested divorce is appropriate when:

• One spouse refuses to consent to the divorce or contests the terms of the divorce.
• There are serious issues such as child custody, alimony, or property division that cannot be resolved amicably.
• There is evidence of abuse, desertion, or adultery that needs to be addressed legally.

If you are facing a contested divorce, it is important to consult with an experienced divorce lawyer who can guide you through the process and ensure your rights are protected.

Conclusion

A contested divorce is a lengthy and often difficult process, but sometimes it is necessary when there are significant disagreements between spouses. It requires patience, legal expertise, and a willingness to face potential challenges in court. If you are involved in a contested divorce, our team of expert divorce lawyers in Bangalore can help guide you through every step of the process and ensure a fair outcome.

Contact us today for a consultation and get the legal support you need to navigate your contested divorce.