Excellent question — because in contested divorce cases, emotions run high and the legal process is rigorous, time-consuming, and can affect both personal and financial aspects of one’s life. It’s crucial to be well-prepared before taking such a step. Let’s carefully go through the precautions one should take before filing a contested divorce case in India:
Precautions to Be Taken Before Filing a Contested Divorce Case in India
Filing a contested divorce is a serious legal step and requires thoughtful planning. Here’s a detailed list of practical and legal precautions to consider:
1. Understand the Grounds for Divorce
Before initiating a contested divorce, carefully evaluate whether your situation qualifies under any valid legal ground for divorce as per your personal law (Hindu Marriage Act, Special Marriage Act, Parsi Marriage Act, etc.).
Examples:
- Cruelty (physical or mental)
- Adultery
- Desertion
- Unsoundness of mind
- Conversion to another religion
- Venereal disease
- Renunciation of the world
Precaution: Discuss your circumstances with a family lawyer to confirm whether your facts satisfy the legal requirements.
2. Collect and Secure Evidence
Since contested divorces rely heavily on evidence, gather and safely store all relevant material in advance.
Types of evidence to gather:
- Medical reports (if alleging physical harm or mental health issues)
- Police complaints or FIR copies
- Photographs, audio/video recordings
- WhatsApp chats, emails, or social media posts
- Witness names and contact details
Precaution: Make backup copies and avoid tampering. Also, obtain a Section 65B certificate for electronic records if you intend to use them in court.
3. Attempt Reconciliation or Mediation
Though not mandatory before filing a contested divorce, courts often recommend reconciliation.
Precaution: Keep proof of failed reconciliation attempts like counseling records, notices, or informal settlement discussions. This shows you acted in good faith.
4. Secure Financial Documents
Contested divorce proceedings often involve claims for maintenance, alimony, child custody, and property distribution.
Documents to collect:
- Salary slips
- Income tax returns (last 3 years minimum)
- Bank statements
- Property ownership papers
- Loan documents, insurance, investments
Precaution: Keep personal financial records organized. Obtain certified copies if originals are unavailable.
5. Plan for Child Custody Issues
If children are involved, determine your readiness and ability to claim custody, visitation, or guardianship.
Precaution:
- Keep evidence proving your emotional, financial, and physical capability to care for the child.
- Secure school records, vaccination history, and other essential documents.
6. Be Mentally and Emotionally Prepared
Contested divorces are often emotionally draining and may last years.
Precaution: Consult a counselor or trusted confidant. Understand the likely duration, legal expenses, and the potential impact on personal relationships.
7. Avoid Public Defamation and Retaliation
Any defamatory social media posts, aggressive public conduct, or violent behavior can weaken your case.
Precaution: Maintain dignified conduct and avoid provoking the other party, especially in public or on record.
8. Secure Alternative Accommodation (If Necessary)
If you anticipate eviction, harassment, or an unsafe living environment post-filing, make arrangements for alternative residence.
Precaution: Keep documents ready to seek residence rights under the Domestic Violence Act, 2005 if required.
9. Prepare for Interim Applications
Contested divorce proceedings often involve interim applications for:
- Maintenance (Section 24 of the Hindu Marriage Act)
- Child custody or visitation
- Residence rights
- Restraining orders against harassment
Precaution: Prepare your interim applications along with evidence and supporting affidavits.
Choose an Experienced Matrimonial Lawyer
The outcome of a contested divorce heavily depends on legal strategy, presentation of evidence, and timely procedural compliance.
Precaution: Hire a competent, experienced family lawyer familiar with local family court procedures and judges’ tendencies.
Conclusion
Filing a contested divorce demands legal, emotional, and financial preparation. Proper documentation, evidence collection, legal advice, and mental readiness are critical to safeguarding your rights and interests during the process.
Taking these precautions ensures that you:
- File a well-prepared case
- Avoid procedural setbacks
- Handle interim matters smartly
- Maintain a dignified legal position
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304