Contested Divorce – Overview

• A contested divorce occurs when one spouse approaches the Family Court/Civil Court seeking dissolution of marriage without mutual consent.

• The spouse filing for divorce must rely on one or more legally recognized grounds under the relevant personal or civil law.

Applicable Laws for Contested Divorce

• Hindu Marriage Act, 1955 – Applicable to Hindus, including Sikhs, Jains, and Buddhists.

• Indian Divorce Act, 1869 – Governs divorce for Christians.

• Special Marriage Act, 1954 – Applies to couples married under civil law and registered under this Act.

Broad Grounds for Contested Divorce

• Adultery

• Cruelty (physical or mental)

• Desertion

• Conversion to another religion

• Unsoundness of mind or mental disorder

• Incurable and virulent form of leprosy

• Venereal disease

• Renunciation of the world

• Not heard of for seven years or more

• Additional grounds may be available exclusively to women under certain personal laws.

Contested Divorce Procedure

• Proceedings begin with the filing of a divorce petition before the appropriate Family Court/Civil Court.

• The court then issues a notice to the opposite party to appear and respond.

Role of an Expert Divorce Lawyer

• Contested divorce cases require the guidance of an experienced divorce lawyer for effective prosecution or defense.

• A skilled lawyer helps in strategizing, planning, and navigating the legal process.

• Proper preparation and legal representation enhance the chances of obtaining a favorable outcome during trial.

Nature of Contested Divorce Proceedings

• Contested divorce is often a lengthy and complex legal process.

• Professional expertise ensures meticulous case handling and support through the emotionally challenging period.