A contested divorce is a divorce proceeding where one spouse seeks dissolution of the marriage and the other spouse does not agree to the divorce or disputes the allegations, grounds, or reliefs claimed. Unlike mutual consent divorce, the Court has to examine the evidence and decide whether the statutory grounds for divorce are proved.

Court Procedure

1.     Filing of Divorce Petition:
The aggrieved spouse files a divorce petition before the competent Family Court/District Court on legally recognised grounds such as cruelty, desertion, adultery, conversion, mental disorder, etc., depending upon the applicable personal law.

2.     Issuance of Notice:
After registration of the petition, the Court issues notice to the other spouse/respondent.

3.     Written Statement:
The respondent appears before the Court and files a Written Statement, denying or admitting the allegations and may also raise appropriate legal objections or file a counterclaim, wherever permissible.

4.     Framing of Issues:
Based on the pleadings of both parties, the Court frames the issues which are required to be decided.

5.     Evidence of Petitioner:
The petitioner leads evidence by filing an affidavit of evidence and producing relevant documents and witnesses. The petitioner and witnesses are subject to cross-examination by the opposite party.

6.     Evidence of Respondent:
Thereafter, the respondent leads evidence and produces documents and witnesses, who may also be cross-examined by the petitioner.

7.     Final Arguments:
After completion of evidence, both parties present their oral and/or written arguments before the Court.

8.     Judgment and Decree:
The Court considers the pleadings, evidence, documents and arguments and passes a judgment. If the grounds for divorce are proved, the Court grants a decree of divorce; otherwise, the petition may be dismissed.

9.     Appeal:
The aggrieved party may have a right to challenge the judgment before the appropriate appellate court, subject to the applicable law and limitation period.