Divorce
Mutual consent — Section 13B of the Hindu Marriage Act, 1955 (Section 28 of the Special Marriage Act for civil marriages) requires the parties to have lived separately for at least one year and to agree on all terms: alimony, stridhan, custody, visitation and the withdrawal of cases. The first motion is filed jointly; the second motion follows after a cooling-off period of six months, which the court may waive following Amardeep Singh v. Harveen Kaur (2017) where the parties have already been separated for long and there is no chance of reconciliation. A well-drafted settlement deed avoids disputes later.
Contested divorce — on the grounds in Section 13 HMA: cruelty (physical or mental), desertion for two years, adultery, conversion, unsoundness of mind, and others. Cruelty is the most common ground and is proved through specific incidents, correspondence, complaints and witnesses. Divorce by the wife on additional grounds under Section 13(2), judicial separation under Section 10, and restitution of conjugal rights under Section 9 are also handled. Christian, Muslim and Parsi personal laws and the Special Marriage Act have their own grounds and procedures.
Maintenance and alimony
- Section 144 BNSS (formerly Section 125 CrPC) — maintenance for a wife, children and parents who cannot maintain themselves, decided by the Magistrate or Family Court, with interim maintenance from the date of application. The Supreme Court’s directions in Rajnesh v. Neha (2020) require both parties to file affidavits of assets and income, which now shape every maintenance case.
- Section 24 HMA — interim maintenance and litigation expenses during a matrimonial case; Section 25 — permanent alimony at the time of the decree, as a lump sum or monthly.
- Section 20 of the Domestic Violence Act — monetary relief including loss of earnings, medical expenses and maintenance.
- Section 18 of the Hindu Adoptions and Maintenance Act — a wife’s independent right to maintenance.
The chambers prepares the income and asset affidavit carefully — it is the document the court relies on — and, on the other side, tests exaggerated claims of income or need.
Custody and visitation
Custody is decided on the welfare of the child, not the rights of the parents. Petitions are filed under the Guardians and Wards Act, 1890 (and Section 26 HMA within a matrimonial case) before the Family Court. Interim custody, visitation schedules, overnight and holiday arrangements, and orders restraining removal of the child from Delhi or from India are the usual interim reliefs; the Delhi courts increasingly use mediation and child-counsellor reports to arrive at parenting plans.
The matrimonial home and stridhan
A wife’s right to reside in the shared household is protected under the Domestic Violence Act; recovery of stridhan (jewellery, gifts and articles belonging to the wife) can be pursued under the DV Act and as criminal breach of trust. A husband’s ownership of his own or his parents’ property is defended where the claim is unfounded.
Settlement and mediation
Most matrimonial disputes in Delhi are referred to the Delhi Mediation Centres or the Family Court counsellors. A comprehensive settlement usually covers a mutual-consent divorce, a lump-sum alimony, custody and visitation, withdrawal of cross-cases, and quashing of any FIR — all drafted so that the terms are enforceable.
Delhi practice
Family Courts sit at all six district court complexes in Delhi. Petitions are filed where the marriage was solemnised, where the parties last resided together, or where the wife is residing. The Delhi High Court hears appeals from Family Court decrees under Section 19 of the Family Courts Act.
Documents to keep ready
- Marriage certificate, invitation card or photographs
- Proof of separate residence and its date
- Income documents of both spouses — salary slips, ITRs, bank statements, property papers
- Children’s birth certificates and school records
- Any complaints, FIRs, DV Act petitions or orders already passed
- Messages, emails and other material relevant to the grounds relied upon
Frequently asked questions
How long does a mutual-consent divorce take in Delhi?
If the six-month cooling-off period is waived, the decree can be obtained within a few weeks of the first motion; otherwise the second motion is filed after six months and the decree follows within roughly seven to eight months of the first filing, subject to listing.
Can maintenance be claimed even if the wife is working?
Yes, if her income is insufficient to maintain the standard of living she was accustomed to in the matrimonial home; the court compares the incomes and needs of both sides on the basis of the affidavits.
Who gets custody of a young child?
The welfare of the child governs; for very young children the mother is ordinarily preferred, but the father’s visitation and involvement are protected, and the arrangement changes with the child’s age and circumstances.
Can a divorce petition be filed within one year of marriage?
Ordinarily not, under Section 14 HMA, except with the court’s leave in cases of exceptional hardship or depravity. Other remedies — maintenance, DV Act relief, judicial separation — remain available.
Can the terms of settlement be enforced if the other side backs out?
A settlement recorded in court and incorporated in the decree is enforceable through execution; withdrawal of consent before the second motion in a mutual-consent divorce is possible, which is why the settlement is structured with safeguards.
Discuss your matter
Call or WhatsApp, or send a short summary online. Consultations are held in chambers or by video, with your documents.