When spouses cannot agree on separation, divorce without mutual consent becomes necessary. Indian law recognizes several grounds for contested divorce.
What Is Contested Divorce?
A contested divorce is filed by one spouse against the other based on legally recognized grounds.
Grounds for Contested Divorce
Common grounds include:
- Cruelty
- Adultery
- Desertion
- Mental illness
- Conversion of religion
Courts require strong evidence.
Legal Procedure for Contested Divorce
The process involves:
- Filing divorce petition
- Issuance of court notice
- Written statement by respondent
- Evidence and witness examination
- Final judgment
Cases may take longer than mutual consent divorces.
Maintenance During Contested Divorce
Courts may grant interim maintenance to ensure financial support during proceedings.
Child Custody in Contested Divorce
Custody decisions prioritize child welfare, education, and emotional stability.
Challenges in Contested Divorce
Challenges include:
- Emotional stress
- Lengthy litigation
- Higher legal costs
Legal guidance helps manage expectations.
Online Legal Consultation
Online family lawyers assist with case evaluation, documentation, and strategy planning.
Conclusion
Contested divorce requires patience and proper legal strategy. Awareness of grounds and procedures ensures lawful resolution.