Contested divorce involves one spouse filing against the other without mutual consent, requiring proof of specific legal grounds like cruelty or adultery. It’s adversarial litigation with both parties fighting in court. Mutual divorce requires both spouses’ agreement with no fault-finding. Contested divorce takes 2-5 years while mutual divorce takes 6-18 months. Contested divorce is more expensive, emotionally challenging, and involves extensive court hearings and evidence. However, it’s the only option when your spouse refuses divorce or won’t agree to fair settlement terms.

Cruelty can be physical or mental. Physical cruelty evidence includes: medical reports, injury photographs, hospital records, police complaints, and witness testimonies. Mental cruelty evidence includes: abusive emails/messages, witnesses to verbal abuse, proof of unreasonable behavior, evidence of harassment for dowry, documentation of extramarital affairs causing mental agony, and medical records showing depression or psychological trauma. Mental cruelty is subjective—what causes severe mental pain to one may not affect another. Courts evaluate cruelty based on the specific couple’s circumstances, considering their education, social status, and temperament.

Not entirely. If you successfully prove valid legal grounds like adultery, cruelty, or desertion with strong evidence, the court will grant divorce even if your spouse opposes it. However, your spouse can defend themselves by denying allegations, presenting counter-evidence, or proving your participation in alleged cruelty (mutual cruelty). They can also delay proceedings through adjournments and appeals. While they cannot indefinitely block a legitimate divorce, they can make the process longer and more difficult, which is why strong evidence and experienced legal representation are crucial.

Courts prioritize the child’s welfare above all else, not parents’ preferences. For children under 7 years, courts typically favor the mother unless she’s unfit (substance abuse, mental instability, abusive behavior). For older children, courts consider the child’s preference, each parent’s financial stability and living conditions, emotional bonding with each parent, educational opportunities, moral and ethical environment, and each parent’s ability to provide care. Courts may order joint custody or visitation rights ensuring the child maintains relationships with both parents. Our lawyers present evidence showing you’re the better custodial parent.

There’s no fixed formula. Courts consider multiple factors: husband’s income and financial capacity, wife’s income, education, and employment status, wife’s contribution to marital assets and household, lifestyle maintained during marriage, age and health of both parties, duration of marriage, and children’s needs if wife has custody. Typically, alimony ranges from 25-40% of the husband’s net monthly income, though it can be higher or lower. Courts may award lump-sum alimony or permanent monthly maintenance. If the wife is well-employed and financially independent, courts may award minimal or no alimony.