Contested Divorce case related query which ground can file

Question

Contested Divorce case related query which ground can file

12-Aug-2026 (In Divorce Law)

My brother has been married and he is already experiencing significant mental stress and is unable to maintain peace of mind in the marriage. He wants to seek a divorce.However, his wife is not willing to agree to a mutual-consent divorce. In this situation, what legal options does he have? Can he file for a contested divorce without his wife's consent?could you recommend some experienced and reputable lawyers who specifically handle contested divorce and matrimonial cases from the husband's sid

Answers (5)

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Adv. Aveek Bose

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Advocate Atanu Patra LawRato · Accepted Answer · 2026-08-13T14:39:12+05:30

Answer #2

If the marriage is governed by the Hindu Marriage Act, the husband does not need his wife’s consent to file for a contested divorce. Mutual consent under Section 13B is only one option; where mutual consent is not possible, a husband can institute a contested divorce petition under Section 13 on legally recognised grounds such as cruelty, desertion, etc., subject to the facts and evidence of the case. The important point is that “mental stress” or simply being unhappy in the marriage, by itself, may not be sufficient. Specific facts constituting a statutory ground must be established before the Court. The Court will consider the pleadings, evidence, conduct of both parties and the overall circumstances. An experienced matrimonial advocate can assess the facts, identify the appropriate ground, prepare the petition and also advise regarding maintenance, child custody, residence and other connected proceedings, if applicable. You may consult a matrimonial lawyer with experience in contested divorce from the husband’s side before taking any step.

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Adv. Atanu Patra

Kolkata | 50+ Answers

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Advocate Rupsa Mukherjee LawRato · Accepted Answer · 2026-08-15T15:38:46+05:30

Answer #3

There are basically two types of divorce for mutual divorce you need the consent of both the husband and wife and for contested divorce anyone party can file for the divorce for men filing for divorce the grounds for mental cruelty is enough for father details you can connect me through the website

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Adv. Rupsa Mukherjee

Kolkata | 25+ Answers

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Advocate Ritam Banerjee LawRato · Accepted Answer · 2026-08-21T08:14:39+05:30

Answer #4

When the wife is not willing to proceed with mutual divorce, then the option to file contested divorce is always open to the husband. to file a contested divorce application, consent of the other party does not require.

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Adv. Ritam Banerjee

Barasat | 50+ Answers

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Advocate Moumita Sarkar Das LawRato · Accepted Answer · 2026-09-06T10:42:03+05:30

Answer #5

yes, your brother can definitely file for a contested divorce against his wife. Please let me know on what grounds he wants to file the case. Furthermore, if he is experiencing a loss of mental peace because of his wife, he may also be able to file a criminal case against her.

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Adv. Moumita Sarkar Das

Barrackpore | 5+ Answers

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