How to proceed a contested Divorce if wife is not willing to separate?
I would like to know if I have filed a contested divorce against my wife and she is not willing to separate: Will I get a divorce or not? Will the case continue indefinitely as she is threatening to drag it on for another 15-20 years? What are my options if I find a new partner and want to start a new life?
If you have filed for a contested divorce, the court will decide based on the merits of your case, but if your wife strongly contests it, the process can take several years. If she deliberately delays, you can seek case expedition, and if she refuses to cooperate, courts may still grant divorce if sufficient grounds exist. You cannot legally remarry until the divorce is finalized.
In India, courts typically grant contested divorces after 3-5 years if there's clear evidence of irretrievable breakdown of marriage, even if one party objects - your wife cannot indefinitely block the divorce. While having a new partner before divorce is finalized can harm your case, courts generally don't allow unreasonable delays and have started taking a pragmatic approach to grant divorces in cases of complete breakdown, especially if parties have been living separately. The Supreme Court has emphasized that courts can grant divorce if reconciliation fails and marriage exists only in name, regardless of one party's objection.
Sir, in a contested divorce the outcome depends on the court’s judgment. While your wife may try to delay but you can request expedited hearings or interim relief. After the divorce, you are free to start a new life. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
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