A Contested Divorce in India arises when one spouse seeks to dissolve the marriage but the other opposes it, leading to a complex legal battle. Such cases are governed by specific statutes depending on the couple’s religious or marital framework—primarily the Hindu Marriage Act, 1955 (HMA) for Hindus, Sikhs, Jains, and Buddhists, and the Special Marriage Act, 1954 (SMA) for interfaith or civil marriages.
These grounds include cruelty (physical or mental harm causing reasonable apprehension), desertion (abandonment for at least two years without just cause), adultery (extramarital relations), mental disorder (severe and persistent conditions rendering cohabitation untenable), conversion to another religion, incurable diseases like leprosy, or presumption of death (spouse missing for seven years). Additional grounds for wives under the HMA include bigamy, rape, or non-resumption of cohabitation after a maintenance order. The process is inherently adversarial, requiring the petitioning spouse to file a case in a family court, present evidence, and substantiate the grounds for divorce, often involving witness testimonies, documents, or expert opinions. The opposing spouse may contest the allegations, prolonging the case through counter-arguments or reconciliation attempts, as courts prioritize saving marriages under Section 23 of the HMA or Section 34 of the SMA.
Apart from the dissolution of marriage, contested divorces often involve child custody, alimony, maintenance, and property division. Custody is decided based on the welfare of the child under the Hindu Minority and Guardianship Act, 1956, or the Guardians and Wards Act, 1890. Alimony and maintenance are governed by Section 25 of the HMA and Section 37 of the SMA, ensuring financial support and fairness in settlements.
This intricate legal process requires skilled representation, strategic planning, and compassionate guidance—qualities that Advocate Amol Khobragade, a seasoned family law expert in Pune, is well known for. With over a decade of experience and a proven record in handling contested divorces, child custody battles, maintenance claims, and property disputes, he provides personalized strategies and strong courtroom advocacy.
Advocate Khobragade’s approach is both empathetic and assertive—he ensures clients are well-informed, supported, and empowered at every stage of the case. His commitment to clear communication, meticulous preparation, and client-centric representation makes him a trusted ally in navigating the challenges of divorce with dignity and confidence.