Contested Divorce in Delhi

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Contested Divorce in Delhi- Understand Process, Fees, Documents

Q: What is Contested Divorce?

A Contested Divorce is a legal procedure when there is disagreement between the parties on the terms of the divorce. Major topics like child custody or asset split may be points of contention between the parties.

Updated on March 12, 2025 10:13:57 AM

Contested Divorce in Delhi simply means that both parties fail to compromise on vital issues like custody, maintenance, or even division of property. This will, in turn, be made possible through the interference of courts by filing a case for divorce, which entails other legal leanings. In such a case, if you wish to file a contested divorce in Delhi, then you need to understand the basic legal framework and processes lying ahead so that you are not publicized in losing your rights and protections.

Contact Litem Legalis, we have an experienced legal team prepared to handle every process involved in a contested divorce.

What is Contested Divorce?

A Contested Divorce is a type of divorce in which one or both of the parties disagree with the other's petition for a mutual divorce or if there is a disagreement between them regarding alimony, property, or a child. In those circumstances, individuals must ask the court for assistance with their marital separation. A disputed divorce might take anywhere between one to six years to complete.

Legal Provisions Governing Divorce in Delhi

The Legal provisions governing Divorce in Delhi vary depending on the personal religious law of Delhi. The Common Personal Law for divorce in Delhi is as follows:

Hindu Marriage Act, 1955 - In Delhi, marriages done by the custom of Hindu, Sikh, Buddhist and Jain, are protected under the Hindu Marriage Act. It describes the requirements for a legitimate Hindu marriage under the law and the divorce and maintenance processes.

Muslim Personal Law/ Shariat Application Act, 1937 - The Muslim Personal Law on Islamic principles regulates Muslim personal concerns in Delhi, including marriage, divorce, inheritance, and maintenance.

Indian Divorce Act, 1869 - The Indian Divorce Act, 1869 governs Christian divorce in Delhi. It describes the legal processes and grounds for divorce, such as cruelty, and adultery. However, it permits legal separation prior to divorce.

Parsi Marriage and Divorce Act, 1936 - In Delhi, the marriages and divorces of the Parsi community are secured under the Parsi Marriage and Divorce Act. It specifies the requirements for lawful marriages, the registration process, and the grounds for divorce and separation, assuring Parsi-specific legal protections.

Special Marriage Act, 1954 - The Special Marriage Act is an Act of the Indian Parliament that establishes secular marriages for Indian citizens. This Act also outlines certain grounds for divorce.

Grounds of Divorce in Delhi

There are many Grounds for Divorce in Delhi. Some of them are listed below as follows:

Adultery - When a married person is involved in voluntary sexual activity with someone else except their spouse, it is known as Adultery. It can be considered as the grounds for divorce in Delhi.

Conversation - In this, if a partner is not ready to convert to the religion that his/her partner converted, the husband/wife has the right to file a petition for Divorce in Court and can continue with their religion. This is not mandatory in a marriage that one partner should change or convert their religion if she/he does not want to and their partner can not force them.

Mental Disorder - If one spouse is found to have a mental illness or to be mentally unsound, displaying marital existence is impossible, the other spouse may file for divorce on that basis. Depending on the legal requirements of the jurisdiction, the condition often requires certification from medical professionals.

Communicable Disease - If a spouse suffers from any communicable disease that can be very harmful to another one, on the basis of this husband/wife can file a petition for divorce in court.

Renunciation of the World - The term "renunciation of the world" as a grounds for divorce suggests that the other spouse has the right to file for divorce if the other partner abandons all worldly pleasures, follows a religious path, and ceases to fulfil marital obligations.

Presumption of Death - The term "Presumption of Death" as a basis for divorce means that the surviving spouse may file for divorce if the other spouse has been missing and assumed deceased for a certain period of time, typically seven years. This clause implies the absent spouse won't turn up, allowing the other spouse to legally remarry.

Process of Divorce in Delhi

The process to apply for Contested Divorce in Delhi involves the following steps mentioned below :

Step 1: Seek Lawyers Help

Getting a Divorce in Delhi could be a complex and lengthy procedure therefore, the spouses must consult and seek a lawyer’s help before proceeding.

Seeking a lawyer’s help provides you with the information you need to make wise decisions about the legal repercussions of divorce, such as property distribution, alimony, child custody, and support. “Litem Legalis”can serve as the best choice as a legal attorney for your divorce proceeding with years of experience in this field.

Step 2: Filing Petition

At the initial stage if the spouse is moving to the concerned court at the beginning of the contested divorce proceeding has to file a petition. The spouse filling is called “Petitioner” and then the other spouse becomes “Respondent”. The petition should specify the grounds of divorce such as cruelty,adultery,domestic violence and many more.The petitioner also outlines the relief sought concerning child custody, property division and also alimony. The petition is one filed it considered the origination point and official beginning of the divorce process.

Step 3: Recording of Statement

Just after filing the petition for Divorce in Delhi, the court proceeds with the statement recording from both parties (husband & wife) especially in mutual divorce. All these statements are in written form and provide a thorough explanation/information about the grounds of Divorce.

This statement aids in verifying the accuracy of the assertions made in the petition. The court also records the witness record to make a fair decision.

Step 4: Evidence

When the statement has been recorded, a wide range of evidence also be submitted in front of the court that supports the claim made in the petition. The Evidence could be anything such as photographs, any documents that prove the claim, messages, emails, bank statements and many more. Medical reports also be important evidence in case of physical harm.

Step 5: Final Decree

After the presentation of statement and evidence , the court checks the claim presented and holds the hearing for an argument. After the hearing of the argument of both the parties if court is convinced about the argument it grants a six months of waiting period. This is not the final dissolution but provides the reconciliation. After the waiting period , if both spouse are ready to move further without any settlement the court provide without any settlement the court issue the final decree, officially and legally dissolving the marriage and thereby ending the marriage.

Required Documents for Divorce in Delhi

The important documents to file for a Contested Divorce in Delhi involves the following documents listed below:

Marriage Proof evidence (e.g. - Marriage Certificate, photos, wedding cards, etc.)
Address Proof (ex-Aadhar card, PAN card, Voter ID, etc.)
Income statement (if required)
Passport size photos
Evidence supporting the grounds of divorce
Details of Children (if any)
MoU or Settlement deed (in case of mutual divorce)

Litem Legalis specialises in divorce processes, and we were founded with a mission to assist people during life's one of most difficult transitions. Our team of experienced lawyers utilises compassion and knowledge to provide our clients with the best possible representation, advice, and support as they navigate the challenges of divorce.

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A Contested Divorce in Delhi can be a complex and time-consuming process. However, with the help of an experienced lawyer, you can navigate the process and achieve a favourable outcome. It specifies the requirements for lawful marriages, the registration process, and the grounds for divorce and separation, assuring specific legal protections.

However, there are several grounds for divorce such as cruelty, adultery, conversion and many more. This legal process requires proper documentation that proves the marriage which helps for further negotiation between both parties.

Frequently Asked Questions (FAQs)

What is Contested Divorce in Delhi?

A Contested Divorce is a legal procedure when there is disagreement between the parties on the terms of the divorce. Major topics like child custody or asset split may be points of contention between the parties.

How long does a Contested Divorce take in Delhi?

A Contested Divorce takes approximately 2 to 5 years to conduct the contested divorce in Delhi, depending on the case merits due complexity, availability of relevant evidence, and the schedule of the court.

What are the grounds for filing a Contested Divorce in Delhi?

Issues that attract filing a Contested Divorce in Delhi are cruelty, adultery, desertion, and conversion to another religion under the Hindu Marriage Act, 1955.

How is child custody decided in a Contested Divorce in Delhi?

The child custody issue naturally depends upon the best interest of a child i.e; emotional and financial stability.

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