Contested Divorce in Chandigarh: Grounds, Process & Lawyer

Contested Divorce in Chandigarh: Grounds, Procedure & Legal Rights

A contested divorce is one where both parties do not agree to the divorce, or where they cannot reach an agreement on the terms — such as alimony, child custody, or property division. Unlike mutual consent divorce, a contested divorce is decided by the Family Court after hearing evidence from both sides. This guide explains the legal grounds for divorce, the court procedure in Chandigarh, and what to expect.

Legal Grounds for Divorce in India

For Hindus, Sikhs, Buddhists, and Jains, divorce is governed by the Hindu Marriage Act, 1955. Section 13 of the Act lists the following grounds on which either spouse can petition for divorce:

1. Adultery Voluntary sexual intercourse by either spouse with a person other than the spouse, after the solemnization of marriage.

2. Cruelty This is the most commonly used ground in Chandigarh courts. "Cruelty" under matrimonial law includes both physical violence and mental cruelty — such as persistent humiliation, false allegations, verbal abuse, harassment, dowry demands, or unreasonable behaviour that makes it impossible for the petitioner to live with the respondent.

3. Desertion When one spouse abandons the other for a continuous period of at least two years immediately before filing the petition, without reasonable cause and without the other's consent.

4. Conversion If one spouse converts to another religion and ceases to be a Hindu.

5. Unsoundness of Mind / Mental Disorder If the respondent suffers from a mental disorder of such a nature and extent that the petitioner cannot reasonably be expected to live with them.

6. Incurable Communicable Disease Leprosy (now largely removed from practice) or a virulent and incurable form of sexually transmitted disease.

7. Renunciation of the World If the respondent has renounced the world by entering any religious order.

8. Presumption of Death Not heard of as being alive for at least seven years.

Additional grounds available only to the wife:

Husband's conviction for rape, sodomy, or bestiality
Non-resumption of cohabitation after a maintenance decree (Section 125 CrPC/BNSS) or restitution order
Marriage contracted when she was below 15 years (she can repudiate it before turning 18)
Husband has another wife living

Procedure for Contested Divorce in Chandigarh Family Court

Step 1: Filing the Divorce Petition The aggrieved spouse (petitioner) files a divorce petition before the Family Court, Chandigarh (District Court Complex, Sector 17). The petition sets out the ground(s) for divorce, the history of the marriage, and the relief sought (divorce + maintenance + custody, as applicable).

Step 2: Service of Summons The court issues a summons to the other spouse (respondent), requiring them to appear and file a Written Statement (reply) within 30 days. If the respondent evades service, the court may proceed ex-parte (without them).

Step 3: Written Statement and Replication The respondent files their reply denying or admitting the allegations. The petitioner may then file a Replication (rejoinder) to address the respondent's claims.

Step 4: Evidence Stage Both parties file their affidavits of evidence and produce documentary evidence (messages, photographs, medical records, financial documents, witness statements, etc.). Cross-examination of witnesses takes place in court. This is often the most time-consuming stage.

Step 5: Arguments After evidence is complete, both advocates make oral arguments and may file written arguments. The judge then takes the matter for judgment.

Step 6: Judgment and Decree The Family Court passes its judgment — either granting the divorce or dismissing the petition. If granted, a Decree of Divorce is issued. The aggrieved party can appeal to the Punjab & Haryana High Court within 90 days.

Interim Reliefs During a Contested Divorce

While the main divorce petition is pending, you can apply for the following interim orders:

Interim maintenance under Section 24 of the Hindu Marriage Act (for the spouse and children)
Interim child custody orders
Injunction to prevent the other party from selling or alienating matrimonial property
Restoration of residence order (to prevent illegal eviction from the matrimonial home)

These interim orders can be obtained relatively quickly and are crucial for protecting your interests during what can be a lengthy trial.

How Long Does Contested Divorce Take in Chandigarh?

Contested divorce proceedings in Chandigarh Family Courts typically take 2 to 5 years, depending on:

Complexity of the case and number of witnesses
Cooperation of both parties
Current caseload of the Family Court
Whether either party files interim applications that delay proceedings

In cases where cruelty evidence is overwhelming and the respondent does not seriously contest, matters can be concluded faster. The Punjab & Haryana High Court also has mediation centres that can help parties settle even mid-litigation.

Alimony / Permanent Maintenance After Contested Divorce

Under Section 25 of the Hindu Marriage Act, either spouse (not just the wife) can claim permanent alimony. The court considers:

Income and assets of both parties
Earning capacity and qualifications of each
Standard of living during marriage
Duration of the marriage
Conduct of the parties

There is no statutory cap — amounts vary widely from a few thousand rupees per month to significant lump-sum settlements.

How Tricity Law Firm Can Help

Adv. Kamal Grover has handled complex contested divorce cases before the Family Courts and Punjab & Haryana High Court for over 22 years. We approach every case strategically — gathering the right evidence, presenting a compelling narrative in court, and aggressively pursuing interim relief to protect your immediate interests.

Disclaimer: This article is for general information only and does not constitute legal advice. Every case is different — please consult a family lawyer for advice specific to your situation.