What is a Contested Divorce?

A contested divorce is a divorce where one spouse files a petition seeking dissolution of the marriage but the other spouse either opposes the divorce or the parties disagree on important issues such as maintenance, child custody, property, or the grounds for divorce.

A contested divorce requires the spouse filing the petition to prove one or more legal grounds for divorce under Section 13 of the Hindu Marriage Act, 1955, such as cruelty, adultery, desertion, conversion, or mental disorder. The court examines the evidence presented by both parties before deciding whether to grant a decree of divorce.

Since contested divorces involve many stages such as hearings, evidence, and legal arguments they generally take significantly longer than mutual consent divorces. Depending on the complexity of the case and the court's workload, the proceedings may take several years to reach its conclusion.