A contested divorce is filed when one spouse wants to end the marriage and the other does not agree, or when the two cannot settle on terms. Unlike a mutual consent divorce, the petitioner must prove a legal ground, and the court decides after hearing both sides.
Common grounds under Section 13 of the Hindu Marriage Act
- Cruelty, including mental cruelty such as persistent humiliation, false allegations or refusal to have a normal marital life.
- Desertion for a continuous period of at least two years.
- Adultery, meaning voluntary sexual intercourse with someone other than the spouse.
- Conversion to another religion.
- Unsound mind or a serious mental disorder that makes it unreasonable to expect the petitioner to live with the spouse.
- Renunciation of the world by entering a religious order, or presumption of death if the spouse has not been heard of for seven years.
A wife has a few additional grounds under Section 13(2). Muslim, Christian, Parsi and Special Marriage Act cases follow their own laws, with similar principles.
How the case moves
- Petition: filed in the Family Court with a verification and affidavit.
- Notice and reply: the other spouse is served and files a written statement.
- Mediation: the court often refers the parties to mediation first.
- Evidence: witnesses and documents are produced and cross-examined.
- Arguments and decree: the court hears final arguments and passes its judgment.
Interim relief during the case
While the case is pending, a spouse without sufficient income can ask for interim maintenance under Section 24 of the Act. The court can also decide temporary custody and visitation, and in abuse cases can pass protection orders. See our guide on how maintenance and alimony are decided.
How long does it take?
There is no fixed timeline. Contested cases commonly take two to five years in the trial court, depending on the court, the evidence and whether appeals are filed. Settlement at any stage can convert the case into a mutual consent divorce, which is much faster.
Practical advice
- Collect documents and records early, and keep them organised.
- Avoid social media posts about the dispute or the other spouse.
- Do not move out, change locks or take children without advice.
- Be open to settlement, but never sign anything you do not understand.
You can read more on our contested divorce page.
Please note: This article gives general information and is not legal advice. Every case depends on its own facts, so please consult an advocate before acting.