Contested Divorce Lawyer in Ahmedabad

Grounds for contested divorce

Under Section 13(1) of the Hindu Marriage Act, 1955, either spouse may seek divorce on these grounds:

Cruelty – physical or mental cruelty, such as harassment, humiliation, false complaints, threats, or conduct that makes living together impossible.
Desertion – the other spouse has left without reasonable cause for a continuous period of at least two years.
Adultery – voluntary sexual relationship with someone other than the spouse after marriage.
Conversion – the other spouse has converted to another religion.
Mental disorder – incurable unsoundness of mind or a mental disorder making cohabitation unreasonable.
Venereal disease in a communicable form, or renunciation of the world.
Presumed death – not heard of as alive for seven years.

Under Section 13(1A), divorce can also be sought if there has been no resumption of cohabitation for one year after a decree of judicial separation, or no restitution of conjugal rights for one year after such a decree. A wife has additional grounds under Section 13(2). Similar grounds exist under Section 27 of the Special Marriage Act and other personal laws.

Contested divorce process at the Ahmedabad Family Court

Petition – drafted with the facts, the ground and the relief sought (divorce, custody, alimony).
Notice to the spouse – the court issues summons.
Written statement – the other spouse files a reply and may make counter-claims.
Counselling and mediation – the Family Court refers parties for conciliation.
Interim applications – interim maintenance (Section 24), litigation expenses, interim custody and visitation.
Issues framed – the court fixes the questions to be decided.
Evidence – affidavits, documents and witnesses; cross-examination of both sides.
Final arguments and judgment – the court grants or refuses the divorce.
Appeal – to the High Court of Gujarat within the limitation period.

Evidence that matters

A contested divorce is won or lost on evidence. Useful evidence can include WhatsApp chats and emails, call recordings, photographs, medical records, police complaints, witness testimony from family and neighbours, and records showing when and why a spouse left. Electronic evidence must be produced with the certificate required under the Bharatiya Sakshya Adhiniyam (earlier Section 65B of the Evidence Act). We guide you on collecting and preserving evidence lawfully from day one.

If you have received a divorce petition

Do not ignore the summons – if you do not appear, the court may proceed ex parte. We file a strong written statement, contest false allegations, claim interim maintenance or custody where appropriate, and explore whether a fair settlement is possible.

How long does a contested divorce take?

Most contested divorces in Ahmedabad take two to five years, depending on the evidence, number of witnesses, interim applications and the court’s workload. Where both sides later agree, the case can be converted into a mutual consent divorce and closed much faster.

Why choose Advocate Chandan R Rajput

Experienced in drafting, evidence and cross-examination in matrimonial trials.
Coordinated handling of connected cases – maintenance, DV, 498A/BNS 85 and custody.
Honest assessment of the strength of your grounds before you file.

Frequently asked questions

What is the most common ground for contested divorce?

Cruelty is the most commonly used ground. Mental cruelty can include persistent humiliation, false criminal complaints, refusal to cohabit and conduct that makes it unreasonable to expect the spouse to live together.

Can I get a divorce if my spouse refuses?

Yes. You can file a contested divorce on a legal ground. The court will grant divorce if you prove the ground with evidence, even if your spouse does not consent.

How long does a one-sided divorce take in Ahmedabad?

Typically two to five years, depending on evidence and court schedules. It can be shorter if the other spouse does not appear and the matter proceeds ex parte, or if the parties settle.

Can I claim maintenance during a contested divorce?

Yes. Either spouse with insufficient income can apply for interim maintenance and litigation expenses under Section 24 of the Hindu Marriage Act while the case is pending.

Is irretrievable breakdown of marriage a ground for divorce?

It is not a statutory ground for the Family Court. However, the Supreme Court can dissolve a marriage on this basis under Article 142 of the Constitution, as recognised in Shilpa Sailesh v. Varun Sreenivasan (2023).

Last updated October 2026. This page is general legal information, not legal advice for your specific situation.