Contested Divorce

Advocate Usha Tanna, Consent Divorce Lawyers in Mumbai. Possessing 30 years experience and specialization in Mutual Consent Divorce.In the Contested Divorce case, thes parties desirous of divorce, approach the Family Court or Civil Court for the dissolution of the marriage. Party filing the divorce case has to take one of the grounds provided under the law of contested divorce.

There are different Section of Laws dealing with the contested divorce for different section of the Society. Hindu Marriage Act 1955 provides ground for divorce for the Hindus which also includes Sikh, Jain and Budh religion. Indian Divorce Act 1869 provides ground for divorce for the Christians. The Special Marriage Act provides the ground for divorce for the people married under civil law and have registered marriage under Special Marriage Act 1954.

Divorce can be contested in the below cases :-

  • On the ground of Adultery
  • On the ground of Cruelty
  • On the ground of Desertion
  • On the ground of Conversion to another religion
  • On the ground of Unsoundness of mind or mental disorder
  • On the ground of Virulent and Incurable form of leprosy
  • On the ground of Venereal disease
  • On the ground of Renounce the World
  • On the ground of Not heard for a period of seven years or more

Beside the above, there are couples of additional grounds for divorce available only to female.


Commencement of the Contested Divorce proceedings begins with filing of Divorce petition in the Family Court / City Court. The Family Court / Civil Court causes a notice to be served on the opposite party for appearance in the court before the honourable judge.

On receipt of the Summon, the opposite party has to appear in person and/or through his or her divorce lawyer and file the response.

The Court may try to resolve differences between the parties. To start with it will conduct a reconciliation or even send the matter to counselor or mediation center. If there is no settlement between the parties and the dispute continues, then the court proceeds the divorce case as per the procedure.

Once initial allegation, response and counter allegations process is all over, which is call pleading, case is set up for evidence and witness post determination of issues of the discord and controversy between the two parties.

Party initiating contested divorce gets the opportunity has to present the evidence & witenss first. Other party is given a chance to cross examination the witness/es produce by the opposite party.

After the contesting party the responding party i.e. the Respondent has to produce the evidence & the witness. Similarly the cross examination process is conducted by the divorce lawyer of the contesting party.

After conclusion of all the witness and evidence, final arguments are advanced by divorce lawyers from both sides.

The honourable judge pronounces the final judgement. If the party contestting divorce is able to prove the case, Family Court/Civil Court will grant the decree of Divorce.

Contested divorce cases requires expert divorce lawyer both in prosecuting or defending divorce case. The expert lawyer guides, strategize and plan the whole area of work and action. Effective case study & planning by divorce lawyers increases the probability of success for a favorable outcome in the trial of the case.

Contested Divorce is a long process, requiries through professional work and approach with discipline. Good Divorce lawyers utilises his expertise through this challenging and arduous task and your counsel through turbulent and emotional time.