What grounds can I use for a contested divorce in Kozhikode if my spouse refuses?

Detailed Legal Analysis

If your spouse refuses mutual consent, you may file a contested petition in Kozhikode on grounds such as cruelty, desertion, adultery, conversion, mental disorder, or communicable disease. The Kerala High Court has repeatedly emphasised that allegations of cruelty must be substantiated with specific evidence and cannot be vague.

Under the Kerala Rent Control Act 1963 and the Hindu Marriage Act, the burden of proof lies on the petitioner to establish each ground. The contested process is lengthy and involves examination, cross-examination, and documentary evidence.

Interim relief for maintenance and custody can be sought simultaneously. You should consult a family law advocate to assess the strength of your grounds before filing.