Contested divorce: the grounds

When one spouse will not agree to a divorce, the other can still file, but on specific legal grounds rather than mutual consent. Under the Hindu Marriage Act these include cruelty, desertion, adultery, conversion, mental disorder, and others; other personal laws have their own grounds.

A contested case is pleaded and proved. The petitioner sets out the ground and the facts supporting it, the other side responds, and the court weighs the evidence. That is why it takes longer, often years, and why an advocate is needed from the start.

Many contested cases still resolve by consent later, which is faster and calmer for both sides. This is general information on how contested divorce works, not advice on your grounds, which an advocate can assess.