Know The Step By Step Contested Divorce Process In India

Go through the Step By Step Contested Divorce Process, Grounds For Contested Divorce and Documents checklist for Contested Divorce Filing by experienced Divorce Lawyer.

Contested Divorce Process

Contested divorce process, contested divorce denotes a form of divorce where one party to the marriage proceeds to use legal expedient for divorce indeed when the other partner is opposing to retain divorce between them. It correspondingly includes those situations where both the partners agree to possess a divorce but are possessing a conflict witnessing any issue involved with like divorce suchlike as keeping of children, alimony, property separation, etc. A challenged or contested divorce appeal must contain facts and details of both the partners containing their address. The divorce petition must also express the reason or ground for divorce, wishes of the partner for custodianship of the child as well as the date of separation of the consorts if they’ve been living independently. It provides that at least one time must be finished from the date of the marriage for filing a mutual divorce.

Grounds For Contested Divorce:

A challenged divorce / contested divorce is alone driven by the grounds attainable to the parties of a marriage where they’ve to prove at least one corresponding reason in the court of law. These grounds are firstly the conditions which have to be basically met.

Cruelty As mentioned before atrocity is the common ground for a contested divorce. With the correction of the Hindu Marriage Act in 1976 atrocity was included as a ground for divorce. The term’ atrocity’ has not been given a certain description in legal governance. still, it’s interpreted within colorful surrounds similar as physical, internal, purposeful or unintentional, direct or circular, private or relative. Grounded on the particular substantiation, it’s in discretion of the court for giving remedy to the displeased partner.

Adultery – When one partner is involved in voluntary sexual intercourse with any other person being wedded or unattached, forms infidelity thereby getting one of the ground for divorce. before the section 497 of the Indian Penal Code made infidelity a punishable offence. still, in 2019 it was repealed. It’s at the discretion of the partner who’s pious whether to file for divorce or not. infidelity the pious partner has the right of filing the divorce. All the laws governing marriages as well as in different persuasions have recognized infidelity to be a valid ground for divorce.

Desertion – nearly all divorce laws in the country honor dereliction as a common ground for divorce. dereliction is the abandonment by one partner without any reasonable cause or against the will of the other partner. To attract this ground for divorce there must be a nonstop period of 2 times of separation and without any reasonable cause.

Mental Disorder – Mental Disorder is a ground for divorce as per all the forenamed Acts. But similar complaint or illness must be serious and incorrigible in nature. also, to use this ground, the partner must basically prove that it isn’t at each possible to live with such a mentally impaired partner.

Venereal conditions – Venereal conditions are those conditions that can be contracted through sexual intercourse between two people where one is formerly infected by similar complaint. Indeed this ground is honored as a ground for divorce in all the five forenamed Acts.

Religion Convesion – Converting of person or he/she to another religion is a good ground for contested divorce. When clarifying this ground, it must be befitted in such a form that permission for like changeover cannot become a defense in allowing a divorce. the court says that the authorization of one partner for the conversion of another partner won’t take down the right of the agreed partner to file for divorce on the ground of conversion. also, one cannot use the ground of conversion as a divorce medium if he she is the one who converted to another religion.

Others Along with the grounds enumerated till now, there are certain other grounds for divorce which are honored by the forenamed Acts. These grounds are malign leprosy, authority, hubby’s imprisonment, failure to give conservation, etc. Though all these factors aren’t honored by all the Acts as standard grounds for divorce, they’re given due significance grounded on the elaboration of their religious laws into these Acts. Though the approach of the parties is different grounded on the grounds, the primary idea to include them is to give the individual justice to the person who’s suffering from the conduct and the serving situation of the other partner.

Contested Divorce Process

Documents checklist for Contested Divorce Filing

  • Address proof of opposite both parties
  • Original Marriage certificate
  • Details of Job or work and present earnings
  • Proof of documents about their separate living
  • statement of Income details for 2-3 years
  • Evidence Of failed attempts of reconciliation
  • passport size photographs of marriage 4
  • Family background and details
  • Details of Property and other assets owned by the couple
  • Allegation proofs that made on the other spouse
How Will A Divorce Lawyer Help To File Contested Divorce?

A divorce lawyer can help with a contested divorce by representing you in court and advocating on your behalf. For contested divorce process in India, an experienced divorce lawyer can help you navigate the legal process and protect your rights during the divorce proceedings. In a contested divorce, both parties are unable to come to an agreement on key issues such as property division, child custody, and spousal support. The lawyer can help you present your case to the court and try to reach a settlement with the other party. They can also provide you with legal advice and counsel during this difficult time.

Contested Divorce Process

Choosing a Divorce Lawyer

This is an important part as it decides the course of action in your case. A previous assessment is needed to choose your attorney which can be done either by asking someone who has familiarity with the law or lawyers to relate an attorney who specializes in family law or can be done by directly attending court proceedings and assessing the lawyers arguing in the matters of divorce.

File A Petition For Divorce

train a solicitation for divorce As the partner who’s seeking divorce approaches his/ her advocate, all the needed documents and information shall be properly handed. After assessing all the information, an advocate will draft a divorce solicitation and train it in the court of law.

Appearance and Reconciliation

After the notices are served, the parties appear in the court of law. However, it on the issue to the Legal Services Authority where the mediators are present, If the court is of the view that there’s a chance of concession between the parties. They look into the possibility of agreement and function in that way. However, the solicitation is withdrawn from the court or differently the stages below will be followed, If it’s settled.

Counter Reply

This is the stage where the replier files a counter. As he she isn’t in the favor of divorce being granted, they’ve to deny every allegation made in the solicitation. The denial herein must be specific in nature and cannot be an overall denial of allegations. However, it’ll be supposed as admitting similar allegations, If every allegation with respect to the fact isn’t denied specifically.


In this stage, as the documents and needed information is produced in the court, it’ll be properly handed to the other parties as well upon the inquiry. It helps the parties to edge their sides by assessing the other party’s stage and the substantiation regarding the issues involved in the divorce.


On having full information on discovery, the court will move for agreement of points of consideration. undetermined conflicts are reflected in these points concerning the divorce by the parties. The court can also relate to third party concession at this stage by agreement.


In this stage, the courts determine certain dates for hail and examining the substantiations. Prior to this, process are served upon substantiations to attend the court proceedings on defined dates. This stage also includes the cross-examination, final hail, etc.

Decree and Appeal

when issues are answered and concluded grounded on the arguments and substantiation handed by the parties, order is passed or a decree is issued granting the divorce or denying it. An appeal can lie to the high court with governance over similar family court and also to the supreme court from such an order granting the divorce or denial of it.

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Why Naksha Law Firm For Contested Divorce Process?

A divorce lawyer from Naksha Law Firm can be an valuable step in a contested divorce. During the Contested Divorce Process, they can assist in the negotiation and resolution of disputes regarding child custody, property division, and spousal support. They will assess the situation and develop a legal strategy to protect their client’s interests. They will gather evidence, file necessary paperwork, and represent their client in court if necessary. A divorce lawyer can also provide emotional support and guidance throughout the divorce process. They can help their client navigate the complex legal system and ensure that their rights are protected. In a contested divorce, a divorce lawyer can help achieve a fair and equitable outcome for their client.

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