Contested Divorce Case

Pankaj Kumar & Co | Akanksha Roy, Advocate: Contested Divorce Case Lawyers in Delhi

Are you facing a challenging contested divorce case or looking to file such case? Look no further. Pankaj Kumar & Co | Akanksha Roy, Advocate, is a leading law firm in Delhi specializing in providing comprehensive legal support and representation for clients navigating contested divorce proceedings. With our extensive experience, expertise, and dedication, we are committed to guiding you through every step of the process with professionalism and compassion.

Understanding Contested Divorce:

A contested divorce occurs when spouses cannot agree on key issues such as child custody, alimony, or any other matter related to the dissolution of their marriage. In such cases, litigation becomes necessary to resolve disputes. Contested divorces often involve high stakes and require skilled legal representation to protect your rights and interests.

Our Approach:

1. Thorough Case Evaluation: We conduct a thorough evaluation of your case, examining all relevant factors, including the grounds for divorce, financial assets, child custody arrangements, and any other pertinent issues. This assessment helps us formulate a strategic legal plan tailored to your specific circumstances.

2. Strategic Legal Representation: Our experienced attorneys craft a strategic legal strategy designed to achieve the best possible outcome for you in your contested divorce case. We leverage our expertise in litigation for your rights and interests at every stage of the legal process.

3. Focused Advocacy: We provide focused and zealous advocacy on your behalf. Whether in or presenting arguments in court, we tirelessly pursue the most favorable resolution for you while safeguarding your legal rights.

4. Client-Centered Approach: Throughout the legal process, we prioritize clear communication and transparency. We keep you informed about the progress of your case, explain your legal options, and provide sound legal advice to empower you to make informed decisions about your future.

5. Flexible and affordable fee structure : We offer a flexible and affordable fee structure designed to accommodate the diverse needs and financial situations of our clients facing contested divorce cases. Whether it's flat fees or customized payment plans, we prioritize transparency and affordability in our legal services. Our goal is to ensure that every client receives high-quality representation without undue financial strain, allowing them to navigate the complexities of divorce proceedings with confidence and peace of mind. Contact us today to learn more about how we can assist you in your contested divorce case while keeping your legal expenses manageable and transparent.

Key Services We Offer:

1. Legal Consultation: We offer initial consultations to assess your case and provide you with a clear understanding of your rights and legal options in a contested divorce.

2. Case Preparation: Our team meticulously prepares your case, gathering evidence, analyzing financial documents, and developing legal arguments to support your position.

3. Negotiation and Mediation: We explore amicable resolutions through negotiation and mediation whenever possible, striving to reach mutually beneficial agreements without the need for prolonged litigation.

4. Litigation: In cases where settlement cannot be reached, we provide aggressive representation in court proceedings, presenting compelling arguments and evidence to support your case. Our litigation approach is marked by unwavering advocacy and relentless pursuit of justice. With a deep understanding of the intricacies of the legal system and a wealth of courtroom experience, we stand by your side, ready to wage a vigorous battle in court. We leave no stone unturned in crafting compelling arguments that fortify your position. Our commitment to your cause is unyielding, and we tirelessly strive to secure the most favorable outcome for you. When the stakes are high and the courtroom beckons, trust us to be your unwavering champions, fighting fiercely on your behalf until justice prevails.

5. Child Custody and Support: We advocate for your parental rights and work to ensure the best interests of your children are protected in matters of custody, visitation, and child support.

6. Alimony and Spousal Support: We advocate for fair spousal support arrangements based on your financial needs, earning capacity, and standard of living during the marriage.

Laws Related to Divorce:

1. The Hindu Marriage Act, 1955: This Act governs marriages among Hindus, Buddhists, Jains, and Sikhs, providing provisions for divorce on grounds such as cruelty, adultery, desertion, and conversion.

2. The Special Marriage Act, 1954: Applicable to marriages between persons of different religions or nationalities, this Act provides grounds for divorce similar to those under the Hindu Marriage Act, including cruelty, adultery, desertion, and conversion.

3. The Foreign Marriage Act, 1969: Governs marriages of Indian nationals outside India, allowing NRIs to file for divorce under similar grounds as the Hindu Marriage Act and the Special Marriage Act.

4. The Indian Divorce Act, 1869: Applies to marriages among Christians, providing grounds for divorce such as adultery, desertion, cruelty, and conversion to another religion.

 Grounds for Divorce

1. Cruelty:

Cruelty, as a ground for divorce, encompasses both physical and mental cruelty inflicted by one spouse upon the other. Physical cruelty refers to any act that causes bodily harm or injury, while mental cruelty includes behavior that causes severe emotional distress or suffering. The cruelty must be of such a nature that it endangers the life, limb, or mental health of the spouse seeking divorce. Courts often consider factors such as repeated acts of violence, verbal abuse, harassment, or intimidation in determining cruelty as grounds for divorce.

2. Adultery:

Adultery occurs when one spouse engages in extramarital affairs, thereby breaching the marital bond of fidelity and trust. Adultery is considered a valid ground for divorce as it undermines the foundation of the marital relationship. To establish adultery as grounds for divorce, the aggrieved spouse must provide evidence of the adulterous relationship, such as witness testimony, photographs, electronic communication or strong circumstantial evidence.

3. Desertion:

Desertion refers to the abandonment of one spouse by the other without reasonable cause and without consent for a continuous period. It involves the deliberate act of one spouse to sever the marital relationship by physically leaving the matrimonial home and refusing to fulfill their marital obligations. Desertion can be unilateral or mutual, and the deserted spouse must demonstrate that the separation was without their consent and for an extended period to establish it as grounds for divorce.

4. Conversion:

Conversion is recognized as a ground for divorce when one spouse converts to another religion without the consent of the other. Religion often plays a significant role in marriage, and a unilateral decision to change one's religious affiliation can create discord and conflict within the marital relationship. The spouse seeking divorce must prove that the conversion has adversely affected the marriage and caused irreconcilable differences between the spouses.

5. Other Grounds:

In addition to the above grounds, divorce may also be sought on various other grounds recognized by law, including:

- Impotency: When one spouse is unable to consummate the marriage or fulfill their marital duties due to physical or psychological reasons.

- Mental Illness: When one spouse suffers from a mental disorder that makes it impossible to maintain a normal marital relationship.

- Venereal Disease: When one spouse suffers from a communicable venereal disease that poses a risk to the other spouse's health and well-being.

Each of these grounds for divorce provides a legal basis for ending the marital relationship, allowing individuals to seek dissolution of marriage through judicial intervention. It's essential to consult with a qualified attorney to understand the specific requirements and procedures for filing divorce based on these grounds in accordance with the applicable laws and regulations.

Relevant Judgments by Hon'ble Supreme Court of India Related to Divorce:

1. Cruelty:

   - Shobha Rani v. Madhukar Reddi (1988): This case emphasized the importance of understanding cruelty in divorce cases. The Supreme Court broadened the definition of cruelty, including both physical and mental cruelty, endangering the life, limb, or mental health of the spouse.

   - Dastane v. Dastane (1975): In this judgment, the Supreme Court provided guidance on interpreting cruelty in matrimonial disputes. It clarified that cruelty may not always involve physical violence but can include behavior that causes mental anguish or makes living together intolerable.

2. Adultery:

   - V. Bhagat v. D. Bhagat (1994): This judgment clarified the evidentiary requirements for proving adultery as a ground for divorce. The Supreme Court emphasized the need for substantial evidence beyond reasonable doubt to establish adultery in divorce proceedings.

   - Smt. Sunita Kachwaha v. Anil Kachwaha (2014): In this case, the Supreme Court upheld the validity of adultery as a ground for divorce. It emphasized that adultery undermines the sanctity of marriage and can lead to the irretrievable breakdown of the marital relationship.

3. Desertion:

   - Lachman Utamchand Kirpalani v. Meena (1969): This judgment addressed the issue of desertion as a ground for divorce. The Supreme Court specified the evidence required to prove desertion and the intention to abandon the marital relationship.

   - Chand Dhawan v. Jawaharlal Dhawan (1989): In this case, the Supreme Court ruled on the duration of separation required to establish desertion. It emphasized that desertion must be continuous and without reasonable cause for a specified period to constitute valid grounds for divorce.

4. Irretrievable Breakdown of Marriage:

   - Naveen Kohli v. Neelu Kohli (2006): This judgment recognized the concept of irretrievable breakdown of marriage as a ground for divorce. The Supreme Court emphasized the importance of considering the welfare of the parties and the irreversibility of the marital breakdown in granting divorce.

   - Shayara Bano v. Union of India (2017): In this landmark case, the Supreme Court declared the practice of instant triple talaq unconstitutional, affirming the rights of Muslim women to seek divorce through judicial proceedings based on the irretrievable breakdown of marriage.

5. Mutual Consent Divorce:

   - Amardeep Singh v. Harveen Kaur (2017): This judgment addressed the legal requirements for obtaining a mutual consent divorce. The Supreme Court emphasized the need for genuine consent and mutual agreement between the parties to dissolve the marriage.

   - Srinivas v. Anupama (2014): In this case, the Supreme Court provided guidance on the procedures for obtaining a mutual consent divorce. It emphasized the importance of adhering to statutory requirements and ensuring that the consent of both parties is voluntary and genuine.

These judgments provide valuable guidance on the legal principles governing divorce on topics such as cruelty, adultery, desertion, irretrievable breakdown of marriage, and mutual consent divorce, ensuring justice and fairness in matrimonial disputes. [Include relevant judgments highlighting key legal principles and precedents in divorce cases.]

Places Where Divorce Cases Can Be Filed:

1. Family Court: Dedicated courts established under the Family Courts Act, 1984, to adjudicate family-related disputes, including divorce cases.

2. District Courts: if there is no family court established at particular place, the divorce case can be filed in Civil Court under various matrimonial laws.

3. High Court: Appellate jurisdiction over divorce cases, where appeals from lower courts and certain original cases can be filed.

 
How We Help Our Clients in Getting Divorce:

1. Legal Expertise: With our years of experience and expertise, we provide sound legal advice and representation to navigate complex divorce proceedings effectively.

2. Strategic Representation: We develop strategic legal strategies tailored to your unique circumstances, advocating for your rights and interests at every stage of the process.

3. Focused Advocacy: Our dedicated team provides focused and zealous advocacy on your behalf, ensuring that your voice is heard and your concerns are addressed.

4. Comprehensive Support: We offer comprehensive legal support, from case evaluation to settlement negotiations and courtroom representation, to help you achieve a favorable outcome in your divorce case.

5. Client-Centered Approach: Throughout the legal process, we prioritize clear communication, transparency, and client satisfaction, ensuring that you feel supported and empowered every step of the way.

Our Courts of Practise :

1. Rohini Court: Conveniently located in the Rohini district of Delhi, Rohini Court is a prominent venue for handling divorce proceedings. Our firm has a strong presence at Rohini Court, where we provide diligent legal representation and support to our clients in contested divorce cases.

2. Tis Hazari Court: As one of the oldest and most prestigious district courts in Delhi, Tis Hazari Court handles a wide range of legal matters, including divorce cases. Our seasoned litigators have extensive experience representing clients in contested divorce cases at Tis Hazari Court, advocating for our clients' rights and interests with professionalism and dedication.

3. Saket Court: Saket Court is another important venue for handling divorce matters in Delhi. Our team is well-versed in the procedures and practices of Saket Court, offering expert legal guidance and representation to clients in contested divorce cases. We navigate through the complexities of contested divorce proceedings with efficiency and effectiveness, ensuring favorable outcomes for our clients.

4. Karkardooma Court: At Karkardooma Court, we assist clients in navigating the complexities of contested divorce proceedings with professionalism and dedication. Our firm has a strong presence at Karkardooma Court and possesses the knowledge and experience to handle diverse contested divorce cases, advocating for our clients' rights and interests at every stage of the legal process.

5. Dwarka Court: Dwarka Court is a significant venue for handling divorce cases in Delhi, and our firm provides comprehensive legal representation to clients in contested divorce matters at this court. We prioritize clear communication, transparency, and client satisfaction throughout the contested divorce process, ensuring that our clients' rights and interests are protected.

6. High Court of Delhi: For cases requiring appellate or high court intervention, our firm is well-equipped to represent clients before the esteemed High Court of Delhi. We advocate for our clients' rights and interests with skill and expertise, presenting compelling arguments and legal strategies to achieve successful outcomes in contested divorce cases.

7. Patiala House Court: Situated in the heart of Delhi, Patiala House Court is another venue where we provide top-notch legal representation to clients in contested divorce matters. Our firm guides clients through the contested divorce process with professionalism and dedication, ensuring that their rights and interests are protected.

These courts serve as important venues for contested divorce cases in Delhi, and our firm offers dedicated legal services to clients seeking resolution in their contested divorce matters. We leverage our expertise, experience, and resources to provide effective representation and support, ensuring favorable outcomes for our clients.

In conclusion, Pankaj Kumar & Co | Akanksha Roy, Advocate, is your trusted partner in navigating contested divorce cases in Delhi. Contact us today to schedule a consultation and let us help you achieve a fair and just resolution to your divorce proceedings.