Stages of Contested Divorce Proceedings in India: A Step-by-Step Guide

Divorce is not always reciprocal. A contested divorce occurs when one spouse wants to dissolve the marriage and the other doesn’t want to. Compared to mutual divorce, this process is more complicated and time-consuming because it involves court hearings, evidence, and legal procedures.

Let’s simplify and client-focusedly go over each of the important phases of a contested divorce in India.

What Laws Govern Contested Divorce in India?

Contested divorce is governed by different personal laws depending on the religion of the parties:

• Hindu Marriage Act, 1955
• Dissolution of Muslim Marriages Act, 1939
• Indian Divorce Act, 1869 (for Christians)
• Parsi Marriage and Divorce Act, 1936
• Special Marriage Act, 1954

Legal Grounds for Filing a Contested Divorce

The common grounds accepted by Indian courts include:

• Adultery – spouse involved in a sexual relationship outside the marriage.
• Cruelty – physical or mental harassment.
• Desertion – one spouse leaves the other without reason for at least 2 years.
• Conversion – change of religion by one spouse.
• Mental disorder – severe or incurable mental illness.
• Communicable disease – such as venereal disease in a communicable form.
• Other valid reasons – impotence, imprisonment, failure to provide maintenance, etc.

Types of Divorce in India

• Mutual Divorce – Both spouses agree to separate and jointly file a petition.
• Contested Divorce – One spouse files a petition without the other’s consent.

This blog focuses on the stages of contested divorce, where one party files for divorce on legal grounds, and the other party defends against it.

Stages of Contested Divorce in India

Let’s go through each stage clearly and in order:

1. Hiring a Divorce Lawyer

The first step is to consult and appoint a qualified family law advocate. A good lawyer will:

• Evaluate your case facts.
• Identify the appropriate legal grounds.
• Prepare the divorce petition.

Your lawyer becomes the most important person in protecting your rights during the process.

2. Filing the Divorce Petition

Once the petition is drafted, it is filed before the Family Court having jurisdiction. The petition includes:

• Facts of the case
• Grounds for divorce
• Supporting documents

The court issues a notice to the other spouse (respondent) after the petition is accepted.

3. Appearance & Reconciliation Attempt

After receiving notice, both parties appear before the judge. At this stage:

• The court may refer the couple to the Legal Services Authority for mediation.
• If reconciliation is possible, the case may be withdrawn.
• If not, the case proceeds to trial.

4. Respondent’s Reply

The respondent (non-filing spouse) must file a written statement in reply. In this reply, they can:

• Deny the allegations.
• Present their side of the story.
• Raise counterclaims if needed.

If the respondent does not deny the allegations specifically, the court may treat them as admitted.

5. Framing of Issues

The court analyzes both sides’ claims and prepares “issues for trial” under Order XIV of the Civil Procedure Code (CPC).

This includes:

• Identifying disputed facts.
• Framing legal questions to be decided in the trial.

The court may also explore settlement possibilities again at this stage.

6. Evidence and Trial

This is the most crucial stage. The court:

• Records evidence from both sides.
• Conducts cross-examination of witnesses.
• Fixes dates for final arguments.

The entire case is evaluated on facts, documents, and witness testimony.

7. Final Judgment / Divorce Decree

Based on the trial and arguments, the judge passes an order or decree:

• If satisfied, the divorce is granted.
• If not, the petition is dismissed.

The decree includes decisions on child custody, maintenance, alimony, and property division, if applicable.

8. Appeal (If Required)

Either party can challenge the decision:

• High Court: Under Section 28 of the Hindu Marriage Act, 1955 or Section 39 of the Special Marriage Act, 1954
• Supreme Court: If there are constitutional or legal grounds

NOTE – Appeals must be filed within the prescribed time limit.

Conclusion: 

What Should You Keep in Mind?

• Contested divorce is time-consuming and emotionally draining, but sometimes necessary.
• Mutual divorce is faster, but not always possible.
• Having a strong legal team is essential – it impacts the outcome of your case.

One can talk to lawyers from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQS-

1. What is the first step in a contested divorce?

Hiring a lawyer to evaluate the case, identify grounds, and prepare the divorce petition.

2. What happens after the divorce petition is filed?

The court issues a notice to the other spouse, and both parties appear before the judge. Mediation may be attempted before proceeding to trial.

3. What happens in the trial phase?

Both parties present evidence, and the court conducts cross-examination before making a final decision.