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Contested Divorce
in India

A contested divorce arises when one spouse seeks to end the marriage and the other spouse does not agree to the divorce, disputes the grounds relied upon or contests one or more issues connected with the proceedings.

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A contested divorce lawyer may assist with understanding the applicable law, assessing the circumstances, preparing pleadings and representing a party before the appropriate court. Adv. Kanchan Talreja is an experienced contested divorce lawyer who’s handled many successful divorce cases, assessing the situation correctly and charting the right path for her clients.

Unlike a mutual consent divorce, a contested divorce involves a dispute that may need to be considered and decided through the judicial process.

What Is a Contested Divorce?

In a contested divorce, one spouse files a petition seeking dissolution of the marriage on one or more grounds recognised by the applicable matrimonial law. The other spouse is given an opportunity to respond. The response may dispute the allegations, raise a defence or present a different account of the circumstances. The court considers the pleadings, documents, evidence and submissions before deciding whether the legal requirements for divorce have been established.

Contested Divorce Process in India :

Assessing the Legal Position

Determining Jurisdiction

Preparing the Divorce Petition

Notice to the Other Spouse

Written Response

Interim Applications

Evidence

Arguments

Judgment

01

Grounds for Contested Divorce

The grounds for contested divorce depend on the personal law or statute governing the marriage.

These include:
Depending on the applicable law and circumstances, grounds may include:
  • Cruelty
  • Adultery
  • Desertion
  • Certain forms of conversion
  • Mental disorder or other statutory circumstances
  • Renunciation in circumstances recognised by law
  • Presumption of death
  • Other grounds specifically provided under the applicable legislation

The availability and interpretation of a particular ground depend on the law governing the marriage. An allegation by one spouse does not automatically establish a ground for divorce. Where the allegation is disputed, the person relying upon it may need to establish the relevant facts through evidence.

02

Cruelty as a Ground for Divorce

Cruelty may be physical or mental, depending on the circumstances and applicable law. Courts examine the nature, seriousness and circumstances of the conduct alleged. A disagreement or ordinary difficulty within a marriage does not automatically amount to legal cruelty. The facts of each matter must therefore be examined individually.

03

Desertion as a Ground for Divorce

Desertion generally involves abandonment of one spouse by the other without reasonable cause and without the consent of the spouse who is left. The statutory requirements concerning desertion, including the relevant period and other conditions, depend on the applicable matrimonial law.

Simply living separately does not automatically establish desertion. The surrounding circumstances and intention of the parties may be relevant.

04

Adultery and Divorce

A divorce case may involve applications for maintenance or alimony. Depending on the circumstances, a spouse may seek interim financial support while the proceedings are pending or other relief available under the applicable law. The court may consider income, financial resources, needs, liabilities and other relevant circumstances. Maintenance proceedings may involve disclosure of financial information and supporting documents.

05

Contested Divorce and Maintenance

A divorce case may involve applications for maintenance or alimony. Depending on the circumstances, a spouse may seek interim financial support while the proceedings are pending or other relief available under the applicable law.

The court may consider income, financial resources, needs, liabilities and other relevant circumstances. Maintenance proceedings may involve disclosure of financial information and supporting documents.

06

Child Custody During a Contested Divorce

Where children are involved, custody and visitation can become separate issues during the divorce proceedings. The welfare of the child is a central consideration. The court may consider the child’s age, education, health and care arrangements, relationship with each parent and other circumstances relevant to the child’s welfare. Interim custody or visitation arrangements may also be considered while the divorce proceeding continues.

07

Documents and Evidence

The evidence required depends on the grounds relied upon and the issues disputed by the parties.

Potentially relevant material may include:
  • Marriage certificate or proof of marriage
  • Communications between the spouses
  • Financial records
  • Medical records, where legally relevant
  • Police complaints or other official records
  • Photographs or other documentary material
  • Previous court orders
  • Witness evidence
  • Other documents supporting or contradicting the allegations

Not every document is relevant to every case. Evidence should be collected and presented
in accordance with the applicable procedural and evidentiary requirements.

08

Can a Contested Divorce Become Mutual?

The nature of a divorce proceeding can change if both spouses agree to dissolve the marriage. Where the legal requirements for mutual consent are satisfied, the parties may consider the procedure available for recording their agreement. The appropriate course depends on the stage of the existing proceedings and the applicable law. Settlement of related issues may also be possible through negotiation or mediation.

9

Contested Divorce and Mediation

Courts may refer matrimonial disputes for mediation or encourage parties to explore settlement where appropriate. Mediation provides a conducive setting in which the parties can discuss disputed issues with the assistance of a neutral mediator. Mediation is not appropriate in every matter. Its suitability depends on the nature of the dispute, the circumstances of the parties and their willingness to participate.

10 

How Long Does a Contested Divorce Take?

There is no fixed timeline for a contested divorce.

The duration may depend on factors such as:
✓ Number and nature of issues in dispute
✓ Whether interim applications are filed
✓ Service of court notices
✓ Evidence required
✓ Number of witnesses
✓ Adjournments and procedural applications
✓ Court workload and scheduling
✓ Whether the parties reach a settlement during the proceedings

There can never be an assurance of a specific completion date at the beginning of a contested divorce case.

11

Legal Representation in Contested Divorce

A contested matrimonial proceeding may require constant attention to pleadings, evidence, applications and court hearings.

A lawyer may assist with assessing the legal position, preparing the divorce petition or response, filing applications, reviewing evidence, making submissions and representing the client during the proceedings. During her entire career, Adv. Kanchan Talreja has carried out this process multiple times and ensured her clients received a fair and just hearing each time.

Where related issues such as maintenance, custody or domestic violence are involved, these matters may also require separate legal consideration.

12

Understanding the Process

A contested divorce is a judicial proceeding in which the court determines the issues presented by the parties according to the applicable law and evidence. The legal position can differ significantly from one matter to another. The legal grounds available, jurisdiction, the evidence required, and related relief depend on the particular circumstances.

Anyone considering contested divorce proceedings should obtain advice based on the specific facts and documents of the matter rather than relying on general information.

Have Questions?

Frequently Asked Questions

My spouse won't agree to a divorce. Can I still get one?

Yes, by filing a contested petition on a ground under Section 13 of the Hindu Marriage Act, such as cruelty, adultery or desertion for two years. You must prove the ground with evidence. Irretrievable breakdown alone is not a ground before a Family Court. Only the Supreme Court can dissolve a marriage on that basis (Shilpa Sailesh v. Varun Sreenivasan, 2023). A contested divorce lawyer can help you assess and prove the ground.

What counts as mental cruelty for divorce?

It means conduct so serious that you cannot reasonably be expected to keep living with your spouse. Examples include sustained humiliation, prolonged refusal of intimacy and deliberate neglect (Samar Ghosh v. Jaya Ghosh, 2007). Filing false criminal complaints against a spouse and their family can also be cruelty (K. Srinivas Rao v. D.A. Deepa, 2013). Ordinary quarrels are usually not enough.

How long does a contested divorce take in Mumbai?

Commonly two to four years at the Family Court in Bandra, although Section 21B of the Hindu Marriage Act asks courts to aim for six months. The case moves through counselling, written statement, evidence, cross-examination and arguments. Many contested cases settle midway and are converted into mutual consent divorces.

Can I use WhatsApp chats and call recordings as evidence?

Generally, yes. Section 14 of the Family Courts Act allows the court to consider any material that helps it decide the dispute. Electronic records need a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam (formerly Section 65B of the Evidence Act). The Supreme Court has held that secretly recorded calls between spouses are admissible (Vibhor Garg v. Neha, 2025).

If I move out of the matrimonial home, will it count as desertion?

Not if you had good reason. Desertion means leaving permanently, without reasonable cause and without consent, for a continuous two years. Leaving because of cruelty or violence is not desertion, and the spouse whose conduct forced you out may be the one held to have deserted (Bipinchandra Shah v. Prabhavati, 1957). Keep a record of why you left.

What happens if my spouse doesn't come to court?

If your spouse has been properly served and still stays away, the court can proceed ex parte and decide the case on your evidence. Where the spouse lives abroad, service goes through the Hague Service Convention, which takes longer. A contested divorce lawyer can help present the evidence and respond to the procedural requirements in such cases. An ex parte decree can be set aside only if the absent spouse shows sufficient cause for not appearing.

Disclaimer: This is general information, not legal advice.

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