Quick answer: A contested divorce in India starts when one spouse files a petition in the family court on a statutory ground such as cruelty, desertion or adultery. The court tries mediation, records evidence, hears arguments and then decides. Most cases take two to five years, and either side can appeal the decree.
A contested divorce in India arises when one spouse wants to end the marriage and the other does not agree. Unlike a joint petition, it needs a legal ground and proof. This guide covers the grounds, process, timelines and key rulings.
What Is a Contested Divorce in India?
In a contested divorce, one spouse (the petitioner) asks the court to dissolve the marriage. The other spouse (the respondent) opposes it. Hindu couples rely on Section 13 of the Hindu Marriage Act, 1955 (HMA). Interfaith and civil marriages fall under Section 27 of the Special Marriage Act, 1954. If both spouses agree, a faster route exists, which we cover in our guide to mutual consent divorce in India.
Grounds for Contested Divorce Under Section 13 HMA
Either spouse can seek divorce on these grounds:
- Cruelty – physical or mental ill-treatment.
- Adultery – voluntary sexual relations outside the marriage.
- Desertion – leaving the spouse without reasonable cause for at least two years.
- Conversion – the other spouse ceases to be a Hindu by converting to another religion.
- Mental disorder – incurable unsoundness of mind or a serious continuing disorder.
- Communicable venereal disease.
- Renunciation – the spouse enters a religious order.
- Presumed death – no one has heard of the spouse for seven years.
- Non-compliance with a prior decree – no resumption of cohabitation for a year after judicial separation or restitution of conjugal rights.
A wife also has extra grounds under Section 13(2), such as a husband’s bigamy. Parliament removed leprosy as a ground through the Personal Laws (Amendment) Act, 2019.
Contested Divorce Process: Step by Step
- Petition: The petitioner files in the family court where the marriage took place, where the respondent lives, where the couple last lived together, or where the wife lives if she files.
- Summons: The court issues notice, and the respondent files a written statement.
- Mediation: The Family Courts Act and Section 23(2) HMA require the court to attempt reconciliation first. In Delhi, courts usually refer couples to a court-annexed mediation centre.
- Interim relief: Either spouse can claim maintenance under Section 24 HMA, which courts should decide within about 60 days. A wife or child can also seek maintenance under Section 144 BNSS (formerly Section 125 CrPC).
- Issues and evidence: The court frames issues. Both sides then file affidavits and face cross-examination.
- Final arguments and decree: The judge hears both sides and grants or dismisses the petition.
- Appeal: The losing party can appeal to the High Court.
How Long Does a Contested Divorce Take?
Section 21B HMA asks courts to finish the trial within six months of notice. In practice, Delhi cases often take two to five years.
Watch the appeal deadline closely. In Pallavi Mohan v. Raghu Menon (2023), the Delhi High Court held that a 30-day limit under Section 19 of the Family Courts Act applies, not 90 days. However, it allowed condonation of delay for sufficient cause.
Key Case Law on Contested Divorce
- Shilpa Sailesh v. Varun Sreenivasan (Supreme Court, 1 May 2023): A Constitution Bench held that the Supreme Court can dissolve a marriage under Article 142 on irretrievable breakdown, even if one spouse objects. Family courts do not have this power.
- Vibhor Garg v. Neha (Supreme Court, 14 July 2025): The Court allowed a secretly recorded phone call between spouses as evidence. It reasoned that the right to a fair trial limits spousal privilege.
- Anita Sharma v. Naresh Kumar Sharma (Delhi High Court, 2025): The Court upheld a cruelty decree. It found that a wife’s repeated complaints to the husband’s employer, made to humiliate him, amounted to mental cruelty.
Practical Tips for Both Spouses
Plead specific incidents with dates, because courts reject vague allegations. Also, keep settlement talks open. Many contested cases end as mutual consent decrees once both sides agree on alimony and custody.
FAQs on Contested Divorce in India
How long does a contested divorce take in India?
The law targets six months for the trial, but most cases take two to five years.
Can I get a divorce if my spouse refuses?
Yes. You can file a contested petition on a ground under Section 13 HMA. If you prove the ground, the court can grant divorce despite the objection.
Is irretrievable breakdown a ground for divorce in India?
Not under the HMA. Only the Supreme Court can dissolve a marriage on this basis, using Article 142.
Can I claim maintenance during a contested divorce?
Yes. Either spouse can apply under Section 24 HMA, and a wife or child can also use Section 144 BNSS.
Can a court accept phone recordings in a divorce case?
Yes. After Vibhor Garg v. Neha (2025), courts can admit recorded spousal calls, subject to proof of authenticity.
Lex Pleaders advises individuals and families on contested divorce, maintenance, custody and related family disputes in Delhi NCR. Write to us at lexpleadersindia@gmail.com to discuss your matter.
Disclaimer: This article offers general information only and does not constitute legal advice.