Contested Divorce
Contested Divorce Lawyer in Noida

Contested Divorce, also known as One-Sided Divorce, occurs when one party is willing to dissolve the marriage, but the other party is not. The decision to separate is not mutually agreed upon by both parties. This type of divorce takes place when one spouse has grounds for separation and the desire to end the marriage. In a contested divorce, both parties will hire separate lawyers to represent their interests and contest against each other in court.
As per Section 13 of the Hindu Marriage Act, 1955, there are various grounds on which a Contested Divorce can be filed in India. These include:

  • Adultery: When one spouse engages in sexual relationships outside of the marriage.
  • Cruelty: When one spouse causes harm, annoyance, or disturbance to the other, leading to problems in the relationship.
  • Desertion: When one spouse willingly and knowingly abandons the other without any justifiable reason and with no intention of returning.
  • Conversion: When one spouse forces the other to convert to another religion.
  • Mental disorder: When one spouse is suffering from any kind of mental disability.

When filing for a Contested Divorce, it is important to understand which court has jurisdiction over the case. The Family Court of Gautam Budh Nagar is the appropriate court for such cases. Jurisdiction can be determined based on several factors such as:

Where to file a contested divorce petition:

  • The location of the marriage ceremony.
  • The last address where both parties lived together as a couple.
  • The current address of both parties.

It is important to note that the jurisdiction of the court can vary depending on the specific circumstances of the case and it is advisable to consult with a lawyer to determine the appropriate court.

According to the Hindu Marriage Act, 1955; a petition for a 'contested divorce' can be filed if if the other party is not willing to get a divorce. You can even file for for a 'mutual divorce' if you and your spouse are facing difficulties and have amicably decided to part your ways legally.

Now check out the step by step procedure involved in case of Contested Divorce:

To contest a divorce in Indian courts, the following procedure must be followed:

  • Filing the Divorce Petition: A well-drafted Contested Divorce petition must be submitted to the Family Court by an experienced Family Lawyer. Once the petition is filed, summons will be issued to the other spouse as notification.
  • Reply by the Opposite Party: Once the summons is sent, the opposite party may submit a reply in the court, outlining their side of the story with the assistance of an experienced Divorce Lawyer.
  • Interim Decision: The court may order mediation to try settling the dispute amicably between both parties before granting the divorce. This is conducted by a neutral person who helps both sides understand and solve the issue.
  • Evidence Stage: If mediation is not successful, the proceedings of evidence begin, in which both parties must submit their respective evidence as proof. Examination and cross-examination are taken first from the petitioner and then from the opposite party.
  • Argument Stage: Once evidence is filed, both parties are called for final argument. On this basis, the court finalises the dissolution of the marriage.
  • Final Divorce Decree: The final judgement is passed and the divorce decree is provided by the court. Once the divorce decree is passed, both parties must sign the divorce papers to bring the proceedings to an end.
  • Appeal: If either party is not satisfied with the order, an appeal can be filed in the higher court within 3 months of the order date.

Note: It should be noted that in contested divorce cases, other petitions such as Maintenance, Alimony, Child custody, and Property Separation also need to be dealt with. In Mutual contested divorce, it is handled mutually by both parties.

FINAL CLOSURE: The divorce becomes final once the decree of divorce has been passed by the court.

Frequently Asked Questions (FAQs)

1What is a Contested Divorce?
A Contested Divorce is a divorce proceeding where one spouse seeks dissolution of the marriage, but the other spouse does not agree to the divorce or disputes issues such as alimony, child custody, maintenance, or property division.
2Which law governs Contested Divorce in India?
For Hindus, Contested Divorce is governed by Section 13 of the Hindu Marriage Act, 1955. Other communities may be governed by their respective personal laws or the Special Marriage Act, 1954.
3What are the grounds for filing a Contested Divorce?

A Contested Divorce may be filed on legally recognized grounds such as:

  • Cruelty
  • Adultery
  • Desertion
  • Conversion of Religion
  • Mental Disorder
  • Communicable Disease (where applicable under law)
  • Renunciation of the World
  • Presumption of Death
4Where can a Contested Divorce petition be filed?

A divorce petition may be filed before the appropriate Family Court having jurisdiction where:

  • The marriage was solemnized.
  • The parties last resided together.
  • The respondent currently resides.
  • The wife is presently residing (in certain circumstances).
5How long does a Contested Divorce take in India?
The duration depends on the complexity of the case, evidence, court workload, and disputes involved. Contested Divorce proceedings generally take longer than Mutual Consent Divorce cases.
6Can I file for divorce if my spouse refuses to give consent?
Yes. If your spouse is unwilling to agree to a divorce, you can file a Contested Divorce petition on any legally recognized ground under the applicable law.
7Is mediation mandatory in Contested Divorce cases?
Family Courts generally encourage mediation and reconciliation before proceeding with trial. If settlement efforts fail, the matter proceeds through evidence and final arguments.
8What happens after filing a Contested Divorce petition?

After filing:

  • Court issues summons to the opposite party.
  • The respondent files a written reply.
  • Mediation may be conducted.
  • Evidence is presented.
  • Witnesses are examined and cross-examined.
  • Final arguments are heard.
  • Court passes judgment.
9Can maintenance be claimed during a Contested Divorce?
Yes. Either spouse, if legally entitled, may seek interim maintenance, litigation expenses, or permanent alimony as per applicable provisions of law.
10How is child custody decided in a Contested Divorce?
The court primarily considers the welfare and best interests of the child while deciding custody, visitation rights, education, healthcare, and financial support.
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