Contested divorce lawyer in Delhi
When the spouses cannot agree, a contested divorce is the legal route. Advocate Karan Dua advises on the grounds available, prepares the evidence and appears for you, whether you are filing the petition or defending one.
What a contested divorce can be based on
Each ground must be proved with evidence. Irretrievable breakdown is not a ground under the Hindu Marriage Act. Only the Supreme Court can dissolve a marriage on that basis, under Article 142, in exceptional cases.
Cruelty
Mental or physical cruelty, which can include sustained abuse and, in some cases, false allegations. Each case turns on its facts.
Section 13(1)(ia)Desertion
Abandonment without reasonable cause for a continuous period of at least two years immediately before the petition.
Section 13(1)(ib)Adultery
Voluntary sexual intercourse with a person other than the spouse, which must be proved by lawful evidence.
Section 13(1)(i)Other statutory grounds
Conversion, incurable unsound mind, venereal disease communicable in form, renunciation of the world, and not being heard of as alive for seven years.
Section 13(1)Grounds open to a wife
Additional grounds include a husband’s bigamy, and certain offences by the husband, among others.
Section 13(2)Defending a petition
Responding to a divorce petition, a written statement and cross-examination, including where income or assets are concealed.
Written statement & cross-examinationThe five stages of a contested divorce
The time a case takes depends on the court’s workload, the number of witnesses and interim applications, so no timeline can be promised. Many cases settle during court-annexed mediation.
Evidence review & petition
Review of documents, messages and records, then the petition with annexures.
Filing & summons
Filing before the jurisdictional Family Court and summons to the other spouse.
Written statement
Counter-pleadings, admission or denial of documents, and the replication.
Interim relief & evidence
Interim maintenance (Section 24) and visitation, then evidence and cross-examination.
Arguments & decree
Final arguments, leading to the decree or dismissal. Appeals follow where needed.
Documents checklist
Tap a document to mark it as ready. The exact list depends on your ground.
0 of 6 ready
Where to file
Contested or mutual consent divorce?
The right route depends on whether both spouses can agree on the terms.
| Contested divorce | Mutual consent divorce | |
|---|---|---|
| Basis | A ground under Section 13(1), proved with evidence | Agreement of both spouses under Section 13B |
| Timeline | Depends on the court, the evidence and interim applications | Depends on how quickly terms are settled and whether the waiting period is waived |
| In court | Pleadings, evidence and cross-examination, then final arguments | First motion and second motion |
| Waiting period | No fixed cooling-off period; the case runs its course | Six months between motions, which the court can waive in suitable cases |
| Best suited when | The spouses cannot agree on separation or terms | Both agree on alimony, custody and streedhan |
A contested case can be settled at any stage, and the spouses can then move for a divorce by mutual consent. Read about mutual divorce →
Common questions
How long does a contested divorce take in Delhi?▾
It depends on the court’s workload, the number of witnesses and interim applications, so no fixed period can be promised. Contested cases usually take longer than mutual consent ones. Many are settled during court-annexed mediation.
Can a contested divorce be settled midway?▾
Yes. At any stage the spouses can agree on terms such as alimony, custody and streedhan in a settlement deed and then proceed for a divorce by mutual consent. The court decides how the case is to be concluded.
Can I get a divorce without proof?▾
No. Each ground under Section 13 must be proved with lawful evidence, such as records, messages and witness testimony. An early review of what you have helps decide whether to file and on which ground.
Can I get maintenance while the case is pending?▾
Yes. Either spouse can apply for interim maintenance and litigation expenses under Section 24 of the Hindu Marriage Act, depending on income and need. Whether and how much is for the court to decide.
What if my spouse does not appear in court?▾
The court can proceed ex-parte after proper service of summons, and may pass a decree on the evidence led. An ex-parte order can be challenged in some cases, so take legal advice early.
Can the court grant divorce on irretrievable breakdown?▾
It is not a ground under the Hindu Marriage Act. The Supreme Court has used Article 142 to dissolve marriages that have broken down beyond repair in some cases, but family courts and High Courts cannot do so on that basis alone.
Speak to the Advocate
O-11A, Basement, Jangpura Extension, New Delhi 110014. Mon to Sat, 9:00 AM to 6:00 PM, by prior appointment. Video consultations available.