Contested Divorce in India

July 24, 2026

Table of Contents

If one of the spouses is not willing to give a divorce to the other spouse, then it is called as a contested divorce.

For filing of the contested divorce, a divorce petition is to be drafted and presented in court. The contested divorce is only granted on certain grounds which are mentioned under Section 13 of the Hindu Marriage Act .

Some of the grounds on which divorce can be filed under such circumstances are covered under Section 13(1) of the Hindu Marriage Act, 1955 :

Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party

(i) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse or

(a) has, after the solemnization of the marriage, treated the petitioner with cruelty or

(b) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition

(ii) has ceased to be a Hindu by conversion to another religion or

(iii) has been incurable of unsound mind, or has been suffering continuously or intermittently from a mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

(iv) has been suffering from a virulent and incurable form of leprosy or

(v) has been suffering from venereal disease in a communicable form or

(vi) has renounced the world by entering any religious order or

(vi) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.

How can a Lawyer help you?

Divorce is a stressful time for everyone involved. Hiring an attorney to complete a divorce is one way to reduce the stress of the divorce. While the attorney will need to gather information from you regarding the case, he or she will also take care of all the paperwork, allowing you more time to take care of yourself and your family. An experienced divorce attorney can give you expert advice on how to handle your divorce owing to his years of experience in handling such cases. You can also use LawRato's Free Legal Advice service to get free advice on your case from expert divorce/matrimonial lawyers. A divorce lawyer is an expert on the laws and can help you avoid significant mistakes that may cause financial harm or will require future legal proceedings to correct. Thus, by hiring an attorney a person can make sure that he can avoid delay and get the divorce completed as quickly as possible.

If one of the spouses is not willing to give a divorce to the other spouse, then it is called as a contested divorce.

Some of the grounds on which divorce can be filed under such circumstances are covered under Section 13(1) of the Hindu Marriage Act, 1955: