Counter-Petition for Divorce on Different Grounds

A Contested Divorce Counter-Petition is governed by the same statute under which the original divorce petition is filed. For Hindus, the Hindu Marriage Act, 1955 applies; for Christians, the Indian Divorce Act, 1869; for Parsis, the Parsi Marriage and Divorce Act, 1936; and for Special Marriages, the Special Marriage Act, 1954. The counter-petition must be filed in the same court where the original petition is pending, and it must set out the specific grounds on which the respondent seeks divorce. No reported decision was found on this point.

The relevant government department is the District Court (Family Court, where established) having jurisdiction over the matrimonial dispute. You can locate your jurisdictional Family Court through the e-Courts website: https://ecourts.gov.in. The counter-petition is filed in the same court where the original divorce petition is pending.

The process for filing a Contested Divorce Counter-Petition begins after the original divorce petition is served on the respondent. The respondent must file a written statement along with the counter-petition within the time allowed by the court (usually 30 days, extendable up to 90 days). The counter-petition must clearly state the grounds for divorce, which may be different from those in the original petition. After filing, the court will issue notice to the original petitioner, who then files a reply. The court may then attempt mediation or proceed to trial. The stages include: filing of counter-petition → service of notice → filing of reply → mediation (if ordered) → framing of issues → trial → final decree.

The key forms required for a Contested Divorce Counter-Petition include:

• Counter-Petition (drafted on plain paper or as per court format, stating grounds for divorce)
• Written Statement (response to the original petition)
• Affidavit in Support (sworn by the respondent verifying the facts)
• List of Documents (relied upon by the respondent)
• Vakalatnama (authorizing the advocate)
• Court Fee Stamps (as per the Court Fees Act, 1870 applicable in the state)

Any spouse who is a respondent in a pending divorce petition is eligible to file a Contested Divorce Counter-Petition, provided they have valid grounds for divorce under the applicable personal law. The grounds may include cruelty, adultery, desertion, conversion to another religion, mental disorder, virulent and incurable leprosy, venereal disease, renunciation of the world, or presumption of death. The counter-petition must be filed before the court passes the final decree in the original petition.

The timeline for a Contested Divorce Counter-Petition depends on the court's caseload and the complexity of the case. The respondent must file the counter-petition within the time granted by the court for filing the written statement. After filing, the court will schedule hearings for service of notice, reply, mediation, and trial. No specific time estimate can be given as each case proceeds at its own pace.

The court fee for filing a Contested Divorce Counter-Petition varies by state. Below is an indicative table of court fees in some major states:

Note: These are government-prescribed court fees only. Advocate fees are separate and not included here.