Contested Divorce

Contested Divorce Lawyer in Noida & Ghaziabad – Advocate David Chaudhary

When a marriage breaks down and both spouses cannot agree on the terms of separation, the legal route often taken is a contested divorce. Unlike mutual consent divorce, where both partners amicably agree to separate, a contested divorce involves court intervention to decide on issues like alimony, child custody, property division, and maintenance.

Advocate David Chaudhary, practicing in Ghaziabad District Court, Noida Family Court, and Delhi NCR Courts, provides expert legal representation for contested divorce matters. With years of experience handling complex family disputes, he ensures that clients’ rights are strongly protected throughout the process.

What is a Contested Divorce?

  • One spouse seeks divorce but the other opposes it.
  • There is disagreement on financial settlements, child custody, or property rights.
  • Issues of domestic violence, cruelty, or adultery are involved.

It is governed by Section 13 of the Hindu Marriage Act, 1955 for Hindus and by respective laws for Muslims, Christians, Parsis, and under the Special Marriage Act for interfaith couples.

Grounds for Contested Divorce in India

  • Cruelty – Physical or mental cruelty inflicted by one spouse on the other.
  • Adultery – When one spouse has a sexual relationship outside marriage.
  • Desertion – Continuous abandonment by one spouse for at least 2 years.
  • Conversion of Religion – Changing religion without the consent of the spouse.
  • Mental Disorder – Severe mental illness making marital life difficult.
  • Venereal Disease or Leprosy – Transmittable diseases affecting marital relations.
  • Presumption of Death – Spouse not heard of for 7 years or more.

Legal Procedure for Contested Divorce in Noida & Ghaziabad

One spouse (the petitioner) files a divorce petition before the family court in Ghaziabad or Noida.

The court issues a notice to the other spouse (respondent) to appear and file their reply.

The respondent files a counter-reply stating reasons for opposing the divorce or making counter-allegations.

Both parties present evidence, witnesses, and documents to support their case.

The court examines the evidence, hears arguments, and may attempt mediation or reconciliation before proceeding further.

If reconciliation fails, the court delivers a divorce decree deciding on custody, alimony, maintenance, and property division.

Timeframe for Contested Divorce in Noida & Ghaziabad

Contested divorce cases may take 2–5 years depending on:

  • Complexity of issues
  • Number of hearings
  • Availability of evidence and witnesses
  • Willingness of both parties to cooperate

An experienced lawyer like Advocate David Chaudhary can help in speeding up the process by drafting strong petitions, ensuring proper documentation, and avoiding unnecessary adjournments.

Documents Required for Contested Divorce

  • Marriage Certificate
  • Address Proofs of both spouses
  • Proof of Separation or incidents of cruelty/adultery (if applicable)
  • Income Proofs for alimony claims
  • Property Documents (if property division is contested)
  • Details of Children for custody matters
  • Any FIRs or Police Complaints (if domestic violence involved)

Role of a Contested Divorce Lawyer

  • Proper case drafting with strong legal grounds
  • Cross-examination of witnesses and evidence presentation
  • Child custody and alimony negotiations
  • Compliance with family court procedures
  • Time-bound hearings with fewer delays
  • Protection of client’s legal rights at every stage

Why Choose Advocate David Chaudhary for Contested Divorce?

  • Extensive experience in family law and contested divorce cases
  • Practice across Ghaziabad District Court, Noida Family Court & Delhi NCR Courts
  • Expertise in complex custody, property, and alimony disputes
  • Transparent legal fees and clear guidance
  • Dedicated approach ensuring timely resolution

Local Relevance – Noida & Ghaziabad Divorce Cases

With rising urbanization and changing family structures in Noida & Ghaziabad, marital disputes have become common. Courts in these regions see a large number of contested divorce cases, especially involving working couples, NRIs, and interfaith marriages.

Advocate David Chaudhary’s office in Ghaziabad and Noida provides easy accessibility for clients across Delhi NCR seeking contested divorce solutions.

FAQs on Contested Divorce in Noida & Ghaziabad

Mutual consent divorce is based on agreement of both spouses, while contested divorce involves court intervention due to disagreements.

It may take 2–5 years depending on the complexity and cooperation of parties involved.

Costs vary depending on lawyer’s fees, court expenses, and duration of the case. Advocate David Chaudhary offers affordable packages for contested divorce matters.

Yes, if the grounds are not proven or evidence is insufficient, the court may dismiss the petition.

Yes, NRIs can file contested divorce in India if the marriage was solemnized in India or as per Indian laws.

Contact Advocate David Chaudhary

Contested Divorce Lawyer in Noida & Ghaziabad

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