In case of divorce without mutual consent or contested divorce, both parties cannot agree, either about the terms of divorce or getting divorced such as division of assets, alimony, child support, allocation of debts and the custody of child.

There are some of grounds on which either spouse can file for a divorce in India

• Adultery: If husband or wife is indulging in sexual intercourse outside marriage.
• Cruelty:Any type of physical/mental cruelty or injury that causes danger to life.
• Conversion: If the spouse has converted to another religion.
• Leprosy: If spouse is suffering from incurable form of leprosy.
• Mental Disorder:If the spouse is not mentally stable.
• Desertion:Leaving your spouse for at least two or more years.
• Missing:If any of spouses is missing or not heard alive from 7 or more years, other party can file for divorce.
• Asceticism: A divorce may be granted If the spouse has left home or renounced the world by entering any religious order.

Procedures for Contested Divorce

1. Meeting with an Attorney: The actual process for filing a divorce, however, begins with the hiring a divorce lawyer. The most important part is to hire an expert and efficient lawyer. So, when a person is filing for divorce they should see that the lawyer is not only well versed with marriage- related laws and divorce under the relevant marriage act. A divorce lawyer should be well experienced and also has adequate experience in guiding their clients and bring justice for you.
2. Divorce petition served upon husband/wife: When the petition is finalized with affidavits, signature, vakalatnama etc then this petition needs to be filed before the court and after that attorney will serve it to the spouse.
3. Other party responds to petition: Another party has to respond within a reasonable time. And if he/she does not respond within specified given time limit then he/she is in default and you can obtain a default judgement of divorce and your case will proceed to the next level.
4. Discovery process: A process where husband/wife are able to obtain detailed information about each other (income, marital assets, custody etc.)

Documents required for Contested Divorce :

• Address proof of husband/wife
• Petitioner’s profession details with present remuneration
• Petitioner’s family background details
• Marriage certificate
• Four passport size marriage photos of both husband and wife.
• Evidence or a copy of proof which shows that both husband and wife are not living together for more than one year
• Petitioner’s assets details
• Income tax statement (last 2 to 3 years)
• In the case of Adultery, proof as to the act of adultery. Proof related to adultery or relationship with another person e.g photographs and that person’s statement who witnessed adultery act.
• In case of Cruelty, Medical reports which prove that another party is being harassed, cruel behaviour, physical abuse act also an eyewitness.
• In case of Conversion to another religion, evidence which proves formal ceremonial conversion to another religion. Conversion certificate, photographs, a statement by witnesses also evidence which proves that he/she converted to another religion with his/her own desire.
• In the case of Desertion, evidence to prove that one of the spouses has been abandoned by his/her another spouse. Evidence to prove that desertion was not mutual consented and constructive or actual, evidence to show that there is a complete withdrawal by husband/wife from carrying out his her marital obligation.
• In case of Incurable Leprosy, medical certificate to prove leprosy, statement of doctor to confirm the illness and to prove that it is incurable and in serious condition. And proof which shows that another spouse was not aware of the illness at the time of marriage. /li>
• In the case of Mental disorder or unsound mind, Medical reports to proving mental disorder, evidence which proves that another person was not aware of another spouse’s illness. Doctor’s statement and evidence to prove that it is not possible for another spouse to live with the respondent.
• In case of Presumption of death, evidence to show a presumption of death, evidence to show that the other person is missing from last 7 years. Details of respondent’s last seen and date when he/ she was last seen.

In contested divorce a petitioner’s have to mention the particular ground along with evidence and it must be filed in the court. Then court would summon the spouse with detailed post where charges are framed. At next level, the charges are examined with detailed questioning and cross- examination by court. Once this process is done, the court will listen arguments of other party. If the other spouse is found guilty with any of above ground then court will pass a decree of divorce in favour of grieving spouse.

In contested divorce there is no time limit is set during court proceedings. Also there is set time for spouses to appear in the court.

If we talk about pros and cons of mutual consent divorce vs. contested divorce, the contested divorce is more complicated as compared to mutual consent divorce. It’s a long process with multiple time visits in court. The presenting of evidence and cross-examination takes long time. Time duration for contested divorce proceeding depends on case to case or place to place. And the grounds for seeking divorce and circumstances are reasons why it is a long process and usually it takes 3 to 5 years.