Divorce & Family Court
Divorce Lawyer in Delhi
Contested and mutual consent divorce, interim and permanent maintenance, and custody, handled in the Delhi Family Courts.
A divorce case is decided on its facts, but it is won or lost on forum, grounds and evidence chosen at the start. The statute that governs depends on the religion of the parties and the form of marriage, the petition must be filed in a court that has jurisdiction, and the relief that matters most in practice, whether maintenance, custody or the matrimonial home, is often claimed in parallel proceedings. We advise husbands and wives on all of it, and we say plainly when a settlement is the better route than a trial.
Which Law Governs Your Divorce
For Hindus, Buddhists, Jains and Sikhs, divorce is governed by the Hindu Marriage Act, 1955. Marriages registered or solemnised under the Special Marriage Act, 1954 are governed by that Act, whatever the religion of the parties. Muslim marriages are governed by the Dissolution of Muslim Marriages Act, 1939 and personal law, Christian marriages by the Indian Divorce Act, 1869, and Parsi marriages by the Parsi Marriage and Divorce Act, 1936. Identifying the right statute is the first step because grounds, waiting periods and forums differ. This page concentrates on the Hindu Marriage Act, which governs most petitions filed in Delhi.
Grounds for a Contested Divorce
Section 13(1) of the Hindu Marriage Act lists the grounds on which either spouse may seek divorce: adultery, cruelty, desertion for a continuous period of at least two years immediately before the petition, conversion to another religion, unsoundness of mind of a specified degree, venereal disease in a communicable form, renunciation of the world, and the spouse not having been heard of as alive for seven years. Section 13(2) gives a wife additional grounds, including the husband's bigamy and a marriage entered into before she attained the age of fifteen and repudiated before eighteen. Cruelty is the ground most often pleaded. It includes mental cruelty, which the Supreme Court has explained in Samar Ghosh v. Jaya Ghosh (2007) by reference to conduct that makes it impossible to live together, judged on the facts of each marriage. Irretrievable breakdown is not by itself a ground under the Act, although the Supreme Court has used Article 142 of the Constitution to dissolve marriages that have broken down beyond repair, and the Constitution Bench in Shilpa Sailesh v. Varun Sreenivasan (2023) set out when that power may be used.
Mutual Consent Divorce Under Section 13B
Where both spouses agree to part, Section 13B allows a joint petition if they have lived separately for one year or more and cannot live together. The court records the statements of both at the first motion. The second motion cannot ordinarily be moved before six months, and must be moved within eighteen months, of the first. In Amardeep Singh v. Harveen Kaur (2017) the Supreme Court held that the six-month period is directory and may be waived by the court where the statutory conditions are met, the parties have genuinely settled all issues, and further waiting would only prolong the distress. The petition must be supported by a settlement that deals with maintenance or alimony, stridhan and dowry articles, custody and access, and any pending cases. We prepare that settlement carefully, because it is the document the court relies on and the one most often litigated later.
Maintenance, Alimony, Custody and Where Cases Are Heard
Alongside the divorce petition, Section 24 of the Hindu Marriage Act allows interim maintenance and litigation expenses, and Section 25 allows permanent alimony when the decree is passed. There is no fixed formula. Courts look at the income and assets of both spouses, the standard of living during the marriage, the age and health of the parties, and the needs of any children. In Rajnesh v. Neha (2020) the Supreme Court required both sides to file a detailed affidavit of assets and liabilities in maintenance proceedings, and an incomplete or inaccurate affidavit can damage a party's case. Maintenance can also be claimed under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 125 CrPC), and the Protection of Women from Domestic Violence Act, 2005 offers separate civil relief. Custody and access are decided on the welfare of the child under Section 26 of the Act and the Guardians and Wards Act, 1890. Divorce petitions are heard by the Family Courts, constituted under the Family Courts Act, 1984, at the Delhi district court complexes. Section 19 of the Hindu Marriage Act determines where a petition may be filed, including where the marriage was solemnised, where the respondent resides, where the parties last lived together, and, for a wife, where she resides. Our chambers are at the Rohini Court Complex and the Delhi High Court, and we appear before the Family Courts at the other complexes as the case requires.
Why Samvid Law Chambers
Litigation Done With Discipline
- Statute, forum and grounds settled before the petition is drafted
- Settlement terms drafted to hold up in a mutual consent petition
- Divorce, maintenance, custody and any related criminal case handled together
- Chambers at Rohini Court Complex and the Delhi High Court
How We Work
A Clear Engagement Process
- 01
Confidential Consultation
We begin with a one-to-one consultation to understand the facts, review your documents, and identify the legal issues at stake. Everything you share is held in strict confidence.
- 02
Case Strategy & Legal Opinion
Our team prepares a written legal opinion outlining the merits, possible remedies, timelines, and an honest assessment of risks. You decide how to proceed with clarity.
- 03
Drafting & Filing
We draft pleadings, applications, and supporting documents with precision and file before the appropriate court or forum without unnecessary delay.
- 04
Court Representation
Senior advocates appear at every hearing, argue interlocutory and final matters, and keep you informed after each appearance with a written update.
- 05
Enforcement & Closure
Winning the order is only half the work. We execute decrees, enforce judgments, and follow through until the relief reaches you in practical terms.
FAQ
Frequently Asked Questions
- It depends on the route. A mutual consent divorce can be completed in a matter of months, because the second motion is moved after the statutory period or earlier if the court waives it. A contested divorce commonly takes several years once evidence, cross-examination and any appeal are counted, and we will not give a fixed date because it varies with the court's list and how far the other side contests. We advise on realistic timing once the pleadings are known.
- Not ordinarily. Section 14 of the Hindu Marriage Act bars a divorce petition within one year of the marriage unless the court grants leave on the ground of exceptional hardship to the petitioner or exceptional depravity by the respondent. A mutual consent petition under Section 13B is not exempt from this bar, and the one-year separation it requires must itself have elapsed.
- No. The Supreme Court held in Amardeep Singh v. Harveen Kaur (2017) that the period under Section 13B(2) is directory, not mandatory. A family court may waive it on an application if the one-year separation has run, efforts at reconciliation have failed, the parties have settled their disputes, and waiting would serve no purpose. It is a matter of the court's discretion, not an entitlement, and the application should be supported by the signed settlement.
- In a mutual consent divorce, consent must continue until the decree and either spouse may withdraw it before then. In a contested divorce, the petitioner does not need the other spouse's agreement but must prove a ground under Section 13. A spouse who simply does not appear does not stop the case, since the court can proceed ex parte after service, though such decrees are open to challenge.
- There is no formula. The court considers the income, assets and liabilities of both spouses, the length of the marriage, the standard of living, the age and health of each party, and the needs of the children. Following Rajnesh v. Neha (2020), each side files an affidavit of assets and liabilities. Alimony may be a lump sum or a monthly amount, and it can be fixed by agreement in a mutual consent divorce.
- The court decides on the welfare of the child, not on the rights of either parent. Age, the child's wishes where the child is old enough to express them, the stability of each home and the child's education are all considered. Very young children are commonly kept with the mother, but that is a factor and not a rule. Orders for visitation or shared access are common.
- The parties are usually required to appear at certain stages, including the statements at the first and second motions in a mutual consent divorce and, in a contested case, when evidence is recorded. Family courts also refer matters to mediation, which the parties attend personally. A party abroad can seek permission to appear by video conference, and counsel handles all other appearances.
- Not necessarily. Section 15 of the Hindu Marriage Act permits remarriage once there is no right of appeal against the decree, or the time for appeal has expired without one being filed, or any appeal has been dismissed. An appeal under Section 28 must be filed within thirty days of the decree. In a mutual consent divorce the parties usually give an undertaking not to appeal, and we advise on timing in each case.
Consultation
Discuss your matter with an advocate
Share the facts and current documents so the chambers can identify the forum, immediate risk and available next steps.
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