A contested divorce is filed by one spouse alone. The court grants the divorce only if a legal ground is proved, so the strength of your case lies in choosing the right ground and supporting it with credible evidence from the start.
Common grounds for divorce
Under Section 13 of the Hindu Marriage Act, 1955, a spouse may seek divorce on grounds including:
- Cruelty: physical or mental cruelty that makes it unreasonable to continue living together;
- Desertion for a continuous period of at least two years before filing;
- Adultery;
- Conversion to another religion;
- Serious mental disorder of a kind that makes living together unreasonable;
- Renunciation of the world or the spouse not being heard of for seven years;
- No resumption of cohabitation for one year or more after a decree of judicial separation or restitution of conjugal rights.
A wife also has certain additional grounds under Section 13(2). Other marriage laws have similar but not identical grounds.
How a contested divorce proceeds
- Petition. We draft a clear petition setting out the facts and the legal ground, and file it in the Family Court.
- Notice and reply. Your spouse is served and files a written response.
- Mediation. Family courts usually refer the parties to counselling or mediation. Many contested cases end here in a negotiated settlement or a conversion to mutual consent.
- Interim applications. Interim maintenance and litigation expenses (Section 24, Hindu Marriage Act), interim custody and visitation are decided while the case continues.
- Evidence. Both sides give evidence and are cross-examined.
- Arguments and judgment. The court decides whether the ground is proved and grants or refuses the decree, along with related orders.
Building your evidence
- a written timeline of key events, with dates;
- messages, emails and call records;
- medical records and police complaints, where relevant;
- witnesses who saw relevant incidents or the separation;
- proof of the date you started living separately, for desertion.
We help you organise this material early, so nothing important is missed when the case reaches evidence.
Defending a divorce petition
If your spouse has filed against you, the reply you file matters greatly. We act for respondents too: answering allegations, raising your own claims for maintenance or custody, and exploring settlement where it is in your interest.
Frequently asked questions
How long does a contested divorce take in Chennai?
It varies widely with the facts and the court's workload, but two to four years is common. Mediation and focused evidence can shorten it, and many cases settle part-way.
Can I get maintenance while the case is pending?
Yes. Either spouse with insufficient income can apply for interim maintenance and litigation expenses under Section 24 of the Hindu Marriage Act, or under other applicable laws.
Can a contested divorce be converted to mutual consent?
Yes. If the spouses reach an agreement during the case, they can file a joint petition for mutual consent divorce and withdraw the contested case.
What is irretrievable breakdown of marriage?
It is not a ground under the Hindu Marriage Act that a family court can apply. However, the Supreme Court can dissolve a marriage on this basis using its special powers under Article 142 of the Constitution, as it confirmed in 2023.
This page is general information about Indian law as of 15 October 2026, not legal advice. Every case turns on its own facts. Please speak to a lawyer before acting on it. See our disclaimer.
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