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Writer's pictureLead India
Dec 1, 20223 min read

How Long Does A Contested Divorce Take In India

A contented divorce is the type of divorce that is most common in India. As people become more conscious of their terrible reality, they are gradually making the decision to leave unsatisfactory marriages and enter better ones.


Grounds:


The decision to dissolve a marriage is one of the most painful and challenging ones a person will ever make, thus it is necessary to move cautiously. Unresolved problems in a marriage might cause it to worsen and result in divorce. There are several reasons for divorce, including:

  • Cruelty: At first, cruelty was not considered a valid reason for divorce. But now that the Hindu Marriage Act of 1976 has been amended, it is regarded as a legal basis for a contested divorce in India. Cruelty is easily associated with negative effects on the body and mind. It could cause the particular spouse either direct or indirect harm. Most divorces in India are granted on the grounds of cruelty, or when a husband or woman physically abuses their spouse.

  • Adultery: A valid cause for filing for divorce on behalf of the partner who was not involved is when one partner engages in sexual activity with someone other than their partner. On this basis, they must back up the partner's accusation.. Since it can be difficult to find precise evidence in certain situations, the most likely proof can be taken into account.

  • Desertion: In the most basic terms, desertion may be described as a long time of neglect on the side of one spouse by the other. It cannot be inferred on the desertion ground for a Contested divorce if this neglect is a result of their consent. If the petitioner could show there was nothing left between them other than sharing a roof, it may also be a viable reason for divorce.

  • Conversion: Another reason for a contentious divorce in India is the change in one spouse's religion. However, not all laws recognize this as a legal justification. Despite being recognized as a valid ground under the Hindu Marriage Act of 1955, the dissolution of the Muslim Marriage Act of 1939 and the Special Marriage Act of 1954 does not consider it a valid ground. This privilege only applies to those who were coerced into converting to another religion; it does not apply to those who are already members of that religion.

  • Mental Disorder: If a person's mental health cannot be improved and is deteriorating day by day, there is a legal basis for the partner to request a divorce from the marriage. It could be interpreted as a situation where the husband or wife is unable to manage themselves. If a spouse wishes to file for divorce based on mental illness, they must first prove that condition.

  • Communicable Venereal Diseases: Get familiar with the definition of venereal disease before trying to understand the context. Venereal illnesses, sometimes known as STDs, are conditions that spread during sexual activity from afflicted persons to healthy ones. According to all divorce laws, this ground is acceptable for dissolving a marriage. This property's primary goal is to protect the spouse against venereal disease.

Time taken in Contested Divorce:

Contested divorce, as the term implies, entails a protracted and challenging process where one partner is prepared to separate but the other partner does not want to separate. The procedure of a contested divorce is drawn out because the spouse seeking the divorce must first carefully choose the lawyer who will represent their requirements and interests in court. The spouse making the claims against their spouse must be able to compile enough evidence and witnesses to render their petition inadmissible before filing for a contested divorce. The creation of such a petition is a time-consuming, labor-intensive operation.


The judge hears the claims and defenses offered by both parties after the petition is filed in court and only moves forward with the petition if satisfied. Various hearings take place over the course of months, and if all the evidence and witnesses are presented and carefully questioned, they may last years. The process not only gives one side of the tale, but it also gives the other spouse a fair chance to defend themselves.


It typically takes two to three years to resolve a contentious divorce case, and in extremely difficult circumstances, up to five years. The entire process is wasted and the divorce may take some time to be finalized if the unhappy spouse, then appeals the family court's ruling to the Supreme Court.

For a contested divorce, it is advisable to appoint a lawyer. Divorce lawyer in delhi can be appointed if the couple lives in Delhi. At Lead India also our lawyers provide guidance in divorce matters. You can talk to lawyer and ask a legal question here. You can also seek free legal advice from experienced lawyers here.


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