Best Divorce Lawyer In Delhi | Rajkumar Solanki

  • rajkumarsolanki196@gmail.com
  • 91-9810410307
Facebook Youtube Linkedin
Free Consultation
Menu

Contested Divorce Lawyer in Delhi

Contested divorce lawyer in Delhi – if that’s what you’re searching for, you’re likely going through a challenging time. When one spouse doesn’t agree to the divorce or disputes key issues like custody, alimony, or property, the process becomes a contested divorce. It is legally complex, emotionally draining, and often overwhelming.

Advocate Rajkumar Solanki, a trusted divorce lawyer in Delhi, steps in to help. He has deep knowledge of family law and puts his clients first. He represents individuals facing high-conflict divorces with strategy, compassion, and courtroom expertise.

You’ll get clear legal guidance on everything you need to know about contested divorce in India. This includes legal grounds, court procedures, the documents you need, and how to protect your rights.

Call Now - +91- 9318402198
Divorce Lawyer

What Is a Contested Divorce in India?

A contested divorce happens when one spouse wants to end the marriage, but the other doesn’t agree. This disagreement can be about many things like child custody, alimony, or how to split property. Because of this, the court gets involved to settle the dispute.

Unlike a divorce where both sides agree, a contested one can be much more complicated. It may need many hearings, lots of evidence, and even witnesses. The judge will look at all the facts and decide if the divorce should happen and what it should look like.

These divorces are based on laws like the Hindu Marriage Act or the Muslim Personal Law. These laws tell what reasons a spouse can use to ask for a divorce.

What are the types of Categories of NRI Divorce?

There are two types of categories when it comes to an NRI divorce: contested and uncontested divorces. A contested divorce is when both spouses cannot reach an agreement on at least one aspect of their marriage, such as child custody, division of property, or alimony payments. The couple will have to go through court proceedings to resolve these issues. An uncontested divorce is when both parties agree on all aspects of the marriage, including child support and asset distribution; in this case, they do not require a court hearing but must still follow certain procedures that may involve filing specific documents with the local family court. In either scenario, having an experienced NRI divorce attorney in Delhi who understands international laws can help guide you through the process quickly and efficiently.

Legal Grounds for Contested Divorce

To file a contested divorce in India, one must prove specific legal grounds, as defined under laws like the Hindu Marriage Act, 1955, Special Marriage Act, 1954, or Muslim Personal Law. These grounds form the legal basis for seeking a divorce when one partner is unwilling to consent.

Here are the most recognized and valid reasons for a contested divorce:

1. Cruelty

Physical or mental cruelty — including abuse, threats, or constant humiliation — is one of the most commonly accepted grounds. Emotional neglect or public shaming may also qualify.

2. Adultery

If one spouse is found to be having a voluntary sexual relationship outside marriage, it constitutes adultery. Evidence may be required in the form of messages, photos, or witness testimony.

3. Desertion

If one partner abandons the other for two continuous years or more, without reasonable cause or consent, it’s considered desertion.

4. Mental Disorder or Unsoundness of Mind

A spouse suffering from incurable mental illness that makes marital life unbearable can be a valid reason to seek divorce. Medical records and expert opinions are often needed.

5. Conversion to Another Religion

If a spouse voluntarily converts to another religion and renounces their original faith, it may be considered a legal ground for divorce.

6. Renunciation of the World

If one spouse chooses to renounce worldly life — for example, by becoming a sanyasi or monk — the other has a legal right to end the marriage.

7. Presumption of Death

If a spouse has been missing and not heard from for 7 years or more, the other partner can file for divorce based on presumption of death.

Step-by-Step Contested Divorce Process in Delhi

If you’re planning to file a contested divorce in Delhi, understanding the legal process can help reduce stress and prepare you for what lies ahead. Here’s a simplified breakdown of the typical procedure, from filing to final decree:

1. Filing the Divorce Petition

One spouse (the petitioner) files a contested divorce petition in the appropriate family court in Delhi, citing specific legal grounds (e.g. cruelty, adultery, desertion).

✅ Filed under Hindu Marriage Act, Special Marriage Act, or personal law based on religion.

2. Court Issues Summons to the Respondent

Once filed, the court serves a legal notice to the other spouse (respondent), asking them to appear and respond to the petition.

3. Response by the Opposite Party

The respondent files a written statement either contesting or defending against the claims made in the petition. They may also raise counter-allegations.

4. Mediation and Reconciliation Attempts

Before full trial begins, courts often recommend mediation to see if mutual settlement is possible. If mediation fails, the case proceeds.

5. Evidence & Witness Testimonies

Both parties submit documents and call witnesses to support their claims — including financial documents, medical reports, or statements from relatives or professionals.

6. Final Arguments and Judgment

Once all facts are presented, both sides make final arguments. The judge evaluates the evidence and issues a final decree of divorce, along with rulings on child custody, alimony, etc.

Documents Required for Contested Divorce in Delhi

When filing a contested divorce petition, the court requires a set of essential documents to verify identity, marriage validity, and the grounds for divorce. Submitting accurate and complete paperwork helps avoid delays and strengthens your legal position.

Here’s a checklist of key documents typically needed for contested divorce proceedings:

📋 Contested Divorce Document Checklist

  • Marriage Certificate – Proof of legal marriage (registered or religious)
  • Address Proof of Both Spouses – Aadhaar Card, Voter ID, Passport, etc.
  • Photographs of Marriage Ceremony – To validate the marital relationship
  • ID Proof of Petitioner – Aadhaar Card, PAN Card, or Passport
  • Income Proof – Salary slips, ITRs, or bank statements (especially for alimony or maintenance claims)
  • Evidence Supporting Grounds for Divorce (e.g. medical reports, police complaints, messages, letters, witness statements)
  • Proof of Separation (if applicable) – Rental agreements, separate address IDs, etc.
  • Details of Children (if any) – Birth certificates, school records (for custody considerations)
  • List of Stridhan / Dowry Articles (if applicable) – Especially in cruelty or dowry-related claims

All documents should ideally be self-attested and submitted with two to three copies, along with an affidavit verifying their authenticity.

How Long Does a Contested Divorce Take in Delhi?

A contested divorce is rarely a quick process — especially when there are unresolved disputes between spouses. The duration largely depends on the complexity of the case, the cooperation of both parties, and the caseload of the family courts in Delhi.

Here’s a breakdown of what influences the timeline:

Typical Duration of a Contested Divorce Case: Minimum Time: 2 years

Average Time: 3 to 5 years

Extended Cases: Can take longer if either party repeatedly delays proceedings or if there are multiple appeals involved

Key Factors That Affect the Timeline

Nature of Disputes
Property disagreements, child custody battles, or maintenance issues can prolong hearings.

Cooperation Between Parties
If one party avoids court appearances, disobeys orders, or intentionally delays, the process can slow down significantly.

Volume of Evidence and Witnesses
The more complex the case, the more time the court needs to review all material.

Court Backlog and Scheduling
Delhi family courts are often overburdened. Delays in hearing dates are common.

Attempts at Reconciliation or Mediation
Courts often recommend mediation before proceeding. While this may delay judgment, it could also lead to a quicker resolution if successful.

How Advocate Rajkumar Solanki Handles Contested Divorce Cases

Every contested divorce is unique — and so is Advocate Rajkumar Solanki’s approach. With over a decade of experience in Delhi family courts, he offers a sharp legal strategy combined with real empathy for what clients are going through. Here’s how he supports individuals through one of life’s most challenging legal battles:

1. Personalized Strategy for Every Case

No two divorces are alike. Rajkumar Solanki personally studies each client’s situation, evaluates evidence, and builds a tailored approach — whether that means aggressive courtroom advocacy or a balanced negotiation path.

2. Mediation Before Litigation (When Possible)

Not every case has to go through a full-blown legal war. Where possible, he recommends pre-trial mediation to resolve disputes early and reduce emotional toll — especially when children are involved.

3. Strong Representation in Court

When things go to trial, Solanki prepares thoroughly — from cross-examinations to document presentation. He is known for clear, convincing courtroom communication that respects both the law and the client’s voice.

4. Focus on Your Legal Rights & Long-Term Security

Whether it’s child custody, property protection, or false allegations, Solanki ensures your rights are protected and the final decree works in your long-term favor.

5. Transparent Process & Client Communication

You’ll never be left guessing. Every step, hearing date, and decision is explained clearly, with consistent updates and honest expectations.

Common Challenges in Contested Divorce – And How Advocate Solanki Resolves Them

Contested divorce cases are rarely smooth — especially when emotions run high or one party is unwilling to cooperate. Advocate Rajkumar Solanki has successfully handled hundreds of such cases in Delhi, resolving complex legal hurdles with a calm, results-oriented approach.

Here are some of the most common challenges clients face — and how he helps navigate them:

1. Uncooperative or Missing Spouse

The Challenge: Spouse refuses to accept summons, doesn’t appear in court, or deliberately delays the process.

Our Approach:

  • File for ex-parte proceedings if non-compliance continues
  • Use official channels (court bailiff, newspaper notices) to ensure proper legal delivery
  • Push for strict adherence to court timelines

2. False Allegations (e.g. Dowry, Domestic Violence)

The Challenge: Spouse makes false claims to delay the process or harass the other party.

Our Approach:

  • Present counter-evidence (witnesses, CCTV, messages, police records)
  • File defamation or perjury counter-claims when appropriate
  • Maintain focus on facts, not emotion

3. Child Custody Disputes

The Challenge: Both parties fight for custody, often using the child to gain leverage.

Our Approach:

  • Prioritize the child’s welfare, as courts do
  • File for interim custody or visitation rights
  • Present psychological and emotional well-being arguments backed by school or counselor records

4. Property and Asset Division Issues

The Challenge: Disputes over shared property, business interests, or inheritance rights.

Our Approach:

  • Identify and list joint vs. self-acquired assets
  • Use income tax returns, registry documents, or witness statements
  • Aim for equitable financial protection — especially for homemakers

5. Emotional Fatigue and Client Burnout

The Challenge: Long timelines and legal pressure can take a toll on mental health.

Our Approach:

  • Provide consistent updates and emotional support
  • Set realistic expectations from Day 1
  • Encourage counseling or therapy where appropriate.

FAQs – Contested Divorce in India

Below are answers to some of the most commonly asked questions about contested divorce, based on what people search online and what clients often ask in consultations.

Can I file for contested divorce without my spouse’s consent?

Yes. That’s the definition of contested divorce — it is initiated by one spouse even if the other does not agree to the separation or its terms.

Is it mandatory to go through mediation before trial?

In most cases, yes. The court will often refer the case for mediation to encourage settlement before proceeding with full hearings. If mediation fails, the case moves to trial.

What happens if my spouse does not appear in court?

If your spouse ignores court summons or skips hearings repeatedly, the court may proceed ex-parte, meaning it can pass judgment in their absence.

Can I get custody of my child in a contested divorce?

Yes, custody is decided based on the child’s best interest, not just gender or income. You can request full or joint custody depending on your circumstances.

How can I prove cruelty or adultery in court?

You’ll need to provide concrete evidence, such as:

  • Text messages, emails, or photos
  • Medical or psychological records
  • Police complaints or eyewitness statements

Can I remarry after a contested divorce?

Only after the court has granted the final divorce decree — and the appeal period has passed — are you legally eligible to remarry.

if you are looking For Best Divorce Advocate in Delhi. Advocate Rajkumar Solanki is one of the #Best #Divorce #Advocate in #Delhi who solve all Divorce cases.

Facebook-f Twitter Linkedin-in

Useful links

Contact Info

Phone:

+91-9810410307

Email:

rajkumarsolanki196@gmail.com

Address:

Chamber No.759 Lawyers Wing District Court, Dwarka New Delhi

Office Hours

Monday – Saturday

8:00am – 07:00pm

Sunday

Close
Copyright 2024, Advocate Rajkumar Solanki. Best Divorce Lawyer in Delhi. All Rights Reserved.

Mr. Rajkumar Solanki has been practicing in the Dwarka Court Sector of Delhi for the past 10 years.

Facebook-f Twitter Linkedin-in
CALL NOW