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Writer's picturethelila500
Apr 5, 20234 min read

How To Speed Up Contested Divorce In India?

A formal method of divorcing your spouse is through a contested divorce. There are a few reasons why a husband or wife can file for divorce. It should be utilized when dissolution of marriage by mutual consent is impossible.

In India, a contested divorce simply refers to a circumstance where one spouse has decided to move forward with the divorce process and no longer wants to be married. There are several grounds for a married couple to get a divorce.


Grounds for Divorce in India


The Hindu Marriage Act of 1955 recognised the following reasonable grounds for divorce. They are as follows-

  • Section 13 (1) - Fault Divorce- It includes Adultery, Cruelty, Desertion, Conversion, insanity, Venereal disease etc. may be granted within six months of notice being served.

  • Section 13(1A) (i) and Section 13(1A) (ii) - Grounds for Breakdown

  • Section 13 (B) - Mutual Consent Divorce

  • Section 29(2) - Divorce that is customary

What Paperwork is needed in a Contested Divorce?


Certain supporting documentation has to be included with the petition when applying for a contested divorce. The following papers must be submitted in order to start a contested divorce. They are-

  • Aadhar cards for both the husband and wife.

  • Marriage certificates

  • Evidence of a year-long separation

  • Proof of failed attempts at reconciliation

  • Petitioner's marriage invitation card

The minimal divorce duration in India varies on a variety of variables. Courts have set certain deadlines and have insisted on the conciliation procedure, among other things. A contested divorce must be filed in India within three to five years.


Procedures Involved to Complete Contested Divorce ?


The Civil Procedure Code governs India's contested divorce procedure. It provides a detailed explanation of the rules and steps needed to finish the Contested Divorce process.

  • The most crucial decision in family disputes is selecting legal representation. While handling these issues in court, care is required. That should be taken into account because it affects both families and the child. These issues require compassionate legal knowledge in India’s contested divorce process and family dynamics.

  • The spouses' next move is to submit a divorce petition. And choosing legal representation from lawyers. For the purpose of preparing a divorce petition, counsel will require all pertinent data and paperwork. He will submit the divorce petition to the judge. The family court has the main jurisdiction in the majority of divorce matters. Following the filing of a Notice, the other spouse must be served by the petitioner or the court by paying court fees.

  • The court requires both parties to show up. The court orders both parties to go to the conciliation centre if it believes there is a potential for conciliation. The petition is dropped if they resolve their dispute there. If no decision is made, a courtroom trial will continue.

  • The petition is submitted in court. If there is no room for conciliation or if conciliation fails to provide a mutually agreeable outcome, the respondent must then refute each of the grounds for divorce.

  • The court first hears both sides' arguments. Then the court issues a decree or order granting or refusing a divorce after considering all the testimony and facts.

  • Within the time frame specified by the applicable Legislation, an appeal may be filed to the High Court once the trial court issues its ruling. Typically, it lasts from thirty to ninety days.

How can Contested Divorces in India be expedited?


While it can speed up by being well-prepared, employing an expert divorce lawyer, and being aware of the specifics of each stage, a contested divorce petition can be changed to a mutual divorce which may also speed up the process.


You may transfer your case to Fast Track Court when you've been fighting it for longer than two years. Fast Track courts were established in India in the year 2000 to expedite court proceedings and resolve issues that had been pending for a long period. Fast-track courts have indeed been established. However, it is important to assess whether they are serving their intended purpose.


The cost of a divorce lawyer varies from case to case and with the lawyer engaged. The cost of a contested divorce in India can vary depending on where the parties reside, which ranges somewhere between 6000 and 25000 rupees. Any family situation is examined holistically. Therefore, divorce lawyers consider all the crucial elements and develop a plan and strategies that are appropriate for the circumstance.


You will need a lawyer to speed up and expedite the contested divorce process in India by following all the mentioned procedures under the legislation. If you want your Contested Divorce to be completed at the earliest in Gurgaon, then Divorce Lawyers In Gurgaon can be hired. Similarly, Divorce Lawyers In Delhi can be hired if you want your contested divorce to be completed at the earliest in Delhi.


At Lead India, you can talk to a lawyer. You can obtain free legal advice as well as ask a legal question online for free to lawyers at Lead India.



Call Us: +91–8800788535


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