Apply Contested Divorce in Delhi
Contested divorce, also known as “One-sided divorce” is where the husband or the wife wants a divorce, but the other spouse does not. Along with the separation of husband and wife, it also involves the division of property, assets, and the issue of custody of the child.
Documents required for a Contested Divorce
- Marriage certificate
- Residence proof of husband and wife
- Documents proving the ground on which divorce is being filed
- Documents related to the financial status of husband and wife like income certificate, tax returns etc.
To file for Contested Divorce in Delhi, simply fill-out the Contact Form or give a call at 9654-355-275 or directly write to us at mutualdivorceonline@gmail.com
Divorce Legislations in India:
- Hindu :Hindu Marriage Act, 1955
- Muslims :Dissolution of Muslim Marriages Act, 1939
- Christians :Indian Divorce Act, 1869
- Parsis :The Parsi Marriage and Divorce Act, 1936
- For all religions :Special Marriage Act, 1954
Our Lawyers are experienced at:
- Property settlements
- Financial settlement
- Parenting matters
- Spousal maintenance
- Child Custody matters
- Draft Legal notice
To ensure that you get the best possible service, you will always have direct contact with our highly skilled and Delhi’s Top Divorce Lawyers either via telephone or by email.
Our team is experienced in family legal matters like Mutual Divorce, Contested Divorce, Child Custody, NRI Divorce, Divorce Paper Drafting and Divorce Counselling
Grounds for Contested Divorce in India
Adultery
It is a most common ground for Contested Divorce. It means any kind of sexual relationship of the petitioner’s spouse outside their marriage
Cruelty
Means any kind of mental or physical injury caused by the spouse, that results in danger to life, limb or health of the petitioner
Desertion
Means a voluntary leaving behind, forsaking or disowning the petitioner by the spouse, without any reasonable cause
Conversion
Conversion to another religion is another reason to contest for a divorce. Means a conversion by the spouse into another religion
Mental disorder
Means any kind of mental or physical injury caused by the spouse, that results in danger to life, limb or health of the petitioner
Venereal disease
Means the spouse suffers from a disease that can be contracted and transmitted by sexual contact
Religious matter
Means the spouse gives up the family and worldly life by embracing any particular religious order
Presumption of Death
If the spouse has not been heard from for a period of 7 consecutive years and is thought of being dead, the other spouse can file a divorce petition.
Frequently Asked Questions
How to move forward with Contested Divorce?
Below are the high level steps involved in a divorce litigation:
- Discuss the ground(s) on which you seek divorce, with your lawyer. Apprise your lawyer with all the relevant facts.
- Based on your discussion with your lawyer, your case will be drafted.
- The case is then filed in appropriate Family Court.
- Upon filing case, the matter is listed in the Court for consideration. If Court is satisfied with the case file, Court issues notice/summons to other party.
- Upon receiving notice/summons, opposite party will have to file reply. If the opposite party despite service of notice/summons does not appear before the Court, then Court may proceed in the matter in the absence of the other party.
- Issues are framed by the Family Court. Issues basically mean point of adjudication by the Court and on which parties have to give their respective evidence.
- Both parties are given the opportunity to provide evidence(s) to prove their case.
- Post evidence of both parties, arguments are heard from both parties.
- After hearing arguments, matter is listed for passing judgement.
Where to file the Divorce petition?
On the basis of the above mentioned grounds of divorce, the aggrieved party can file the divorce before the District Court within whose jurisdiction the marriage was
- solemnized, or
- where the respondent resides,
- or where the parties last resided together
How much time it takes in Contested Divorce?
It’s the most painful question to answer. It can take years before the trial is complete. However, these days the stress is given by the Family Judges to settle the cases via Mediation & Counselling which saves a lot of time.
Fees charged for Contested Divorce?
The quantum of fees depends on the facts and circumstances of each case.
What are the legislations through with Divorce in granted?
Following is the list of various divorce laws for different religions in India:
- Hindu (including Sikhs, Jains and Buddists) :Hindu Marriage Act, 1955
- Muslims :Dissolution of Muslim Marriages Act, 1939
- Christians :Indian Divorce Act, 1869
- Parsis :The Parsi Marriage and Divorce Act, 1936
- For all religions :Special Marriage Act, 1954