A contested divorce in India refers to a situation where one or both spouses contest the terms of the divorce. It is a divorce where the parties cannot agree on one or more issues, which requires the court and intervention to resolve the disputes.

It should be noted that due to the complexities and potential difficulties of a contested divorce, it is recommended that people contact an attorney to understand their rights and the best course of action. A contested divorce in India refers to a situation where one or both spouses contest the terms of the divorce. It is a divorce where the parties cannot agree on one or more issues, which requires the court and intervention to resolve the disputes.

It should be noted that due to the complexities and potential difficulties of a contested divorce, it is recommended that people contact an attorney to understand their rights and the best course of action.

You need the best contested divorce lawyer in Noida, best contested divorce lawyer in Greater Noida to handle your case and get the outcome that suits both parties. Getting an order from the court in the cases of contested divorce can be a tough and strenuous experience, but it doesn’t have to be. We will assist you every step of the way with what you are going through and see your situation from both sides. You can be sure that you will get a tailor-made solution for your case and it will be handled by reputable lawyers with years of experience and successful cases.


AK Tiwari & Associates is a popular Contested Divorce Lawyer in Noida, Greater Noida and Ghaziabad, for people from all communities and segments to come to us for their various marital discords and avail the best of our services. Hiring an experienced contested divorce case lawyer is the best way to get peace of mind for victim person seeking a remedy when dealing with matrimonial cases, in your maintenance case, mutual divorce, alimony, domestic violence or any other related matters. At AK Tiwari & Associates, we understand the gravity of contested divorce cases and the courage it takes to speak out against it. Our mission is to provide unwavering legal support, guidance, and representation to contested divorce in Noida. We are committed to:

  • Empathetic Support: We offer a compassionate and non-judgmental environment for our clients, ensuring they feel safe and heard throughout the legal process.
  • Legal Expertise: Our team of experienced lawyers specializes in contested divorce cases, offering a deep understanding of relevant laws and legal strategies.
  • Protection Orders: We assist clients in obtaining restraining orders, protection orders, and other legal measures to ensure their safety.
  • Documentation: Our meticulous approach includes gathering evidence, documenting incidents, and preparing a strong case to secure favorable outcomes for our clients.
  • Court Representation: We represent our clients in court, advocating vigorously on their behalf to ensure their rights are protected.

  • Why Legal Help Matters: Seeking legal assistance in contested divorce cases is crucial for several reasons:

  • Safety: Legal measures can help survivors stay safe by keeping perpetrators away and providing a legal recourse in case of violations.
  • Justice: Legal action can lead to the prosecution of the abuser, holding them accountable for their actions.
  • Support: Victims can access support services and resources through legal channels.
  • Prevention: Taking legal action can prevent further incidents of abuse, protecting not only the survivor but also potential future victims.

  • Here are some aspects of controversial contested divorce in India:
    1. Grounds for Divorce: The Hindu Marriage Act (1955) applicable to Hindus, Buddhists, Jains and Sikhs lays down certain grounds on which a party can seek divorce such as cruelty, desertion, adultery, conversion, mental disorder, apostasy and many more. Similarly, other laws such as the Indian Divorce Act, 1869 (for Christians) and the Muslim Divorce Act, 1939 (for Muslims) define their grounds.

    2. Actions:
    2a. Application: A spouse who wishes to divorce must first file an application with the family or district court. Note. After receiving the request, the court sends a notice of response to the other spouse.
    2b. Response: The other spouse then sends a response.
    2c. Trial: If the parties cannot reach an agreement, the court begins a trial where both sides present evidence and arguments.
    2d. Judgment: After hearing both parties, the court makes its decision on the divorce and its terms.

    3. Duration: Contested divorces can take time. The duration of court proceedings can vary and often last from several months to years, depending on the complexity of the case and the stay of the courts.

    4. Cost: Contested divorces are usually more expensive due to the need to hire a lawyer and the additional legal fees involved. The longer the process, the higher the court costs.

    5. Counseling: In some cases, the court may refer the couple to mediation or counseling to try to resolve their differences before proceeding to trial.

    6. Child custody, alimony and property division: These are often the most contentious issues in a contested divorce. If the spouses cannot reach an agreement on these issues, the court makes a decision based on what it considers to be in the best interest of the child (custody), as well as factors such as the length of the marriage, the financial situation of the a child. behavior of the parties (regarding alimony and property division).

    7. Appeal: If both parties are not satisfied with the decision after the family court and judgment, they have the right to appeal to a higher court.

    APPROACH : Each case has its own unique situation and circumstances. Each individual is different from the other. Same with experience. In our journey spanning nearly two decades now, we have seen, encountered and handled thousands of contested divorce cases. We have verified and improved our ability to adapt and adapt to the perspective of a spouse seeking or defending a contested divorce. This approach helps us present the case as you suffered and faced it during your marriage. Being aware and familiar with the changing laws and courtroom nuances, we present the case accordingly. As lawyers, we take this approach, but never abandon your responsibility to act objectively, with your best interests at the heart of this approach. We know its importance. Life is at stake. We take responsibility with dedication and sincerity. We try to do complete justice along the way.

    We have found that most contested divorce cases are filed for cruelty, abandonment and adultery. Let us briefly consider its basic meaning in the context of a contested divorce case.

    Cruelty: This phrase is not defined in law. In fact, it cannot be defined. This is a relative term that varies from person to person. This concept must be understood based on the people involved, their education and background. What may be cruelty to one may not be to another. Generally, the behavior of one spouse makes it difficult or unlikely for the other spouse to live with the other spouse, which is reasonably expected. There are several court decisions that shaped the concept of cruelty as a basis for segregation. The judgment of the Honorable Supreme Court, Samara Ghosh, developed a list, although not exhaustive, covering the most important aspects of cruelty.

    Separation: This means living apart continuously for two years before filing for divorce on grounds of rejection. But just breaking up doesn't mean abandonment. In addition, it must be shown that the other spouse left the relationship without good reason. And most importantly, the divorcing wife tried to reconcile and restore the wife. Abandonment means the intention of the spouse to leave the marriage with the intention not to join or continue the marriage.

    Adultery: This simply means that the accused spouse entered into a physical relationship with a person other than the spouse. The law requires strict proof in this matter. There is a difference between being involved in a relationship and committing adultery. Being involved in a relationship without signs of adultery can raise the issue of divorce based on cruelty.

    Common Issues for Divorce
  • Divorce for adultery
  • Divorce for cruelty
  • Divorce on the grounds of Desertion
  • Divorce on the basis of conversion to another religion
  • Divorce due to mental health or mental disorder
  • Divorce due to virulent and incurable leprosy
  • Divorce due to venereal disease
  • Divorce for renunciation of the world
  • Divorce with no contact for at least seven years
  • In addition to the above, there are additional grounds for a contested divorce available only to women.


  • Contested divorce proceedings begin with the filing of a divorce petition. The family court obliges the other party to be notified of the arrival.
  • After receiving the subpoena, the opponent must appear in person and/or through a divorce attorney and file an answer.
  • The court may attempt to resolve the differences between the parties by initiating mediation or referring the matter to a counsellor/conciliation centre. If there is no reconciliation between the parties, the divorce case will proceed according to the procedure. Once the initial process of accusation and response and objection, called the procedure, is complete, the case is set for evidence after the dispute between the parties is resolved.
  • The party initiating the contested divorce must first begin with the evidence. The other side is given an opportunity to cross-examine the witnesses of the opposing party.
  • After that, the accused, i.e. the accused, must present evidence. Similarly, cross-examination is conducted by the opposing party's divorce attorney. After the closing of the evidence, the final arguments are the prejudices of the divorce lawyers on both sides.
  • The court then pronounces the sentence. If the party initiating the divorce can prove the case, the Family Court/Civil Court will issue a divorce decree

  • A contested divorce requires an expert divorce lawyer to either handle or defend the divorce case. Such an experienced divorce lawyer manages, plans and plans the entire operation. Effective planning by divorce attorneys increases the likelihood of success in a contested divorce proceeding. A contested divorce is a long process that requires a thorough professional work and approach. Good divorce lawyers can handle these complex and difficult tasks with the expertise and credibility to act as your advisor in stormy and emotional situations. A contested divorce is also complicated in terms of timing. We have learned the process of early disposal of a case in various ways and means. We can reduce the standard time without expertise and experience.

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    We recognize that getting an order in the case of Contested Divorce case is one of the most painful experiences that people can go through. It’s because of this, that we can empathize and relate to you and what you are going through. It doesn’t matter if you need a Contested Divorce lawyer in Ghaziabad or in Noida, our team of legal professionals has the experience and background that you need to build a solid case. In case you need a Contested Divorce lawyer in Noida, approach us. You need a team that understands what to do every step of the way and fights for you until there is a result.