Divorce, maintenance, child custody, guardianship and the validity of a marriage are decided in Delhi by family courts that sit in each of the city's district court complexes. This guide explains which family court hears your case, how a divorce petition or a maintenance claim moves, what the Supreme Court has said about interim maintenance, alimony and waiting periods, how custody is decided, what happens in counselling and mediation, how long it usually takes and what it costs, and where free legal help is available. Share your situation in the form and an enrolment-checked family law advocate can call you, at no charge to you.
Delhi\'s family courts sit at Tis Hazari, Saket, Patiala House, Karkardooma (with family courts in nearby Vishwas Nagar and a court for Shahdara in the main building), Rohini and Dwarka, where the Principal Judge (Family Courts) is posted. After the Delhi Government approved ten more courts in November 2023, 31 family courts were sanctioned for the city. They hear divorce, judicial separation, annulment, restitution of conjugal rights, maintenance, custody, guardianship and property disputes between spouses. Domestic violence complaints usually go to magistrates. You file in the district where the marriage took place, where you last lived together, or, for a wife, where she now lives. Courts refer most couples to counselling or mediation first, and both sides must file an affidavit of assets and liabilities in maintenance cases, as the Supreme Court required in Rajnesh v. Neha (2020).
| Law | Family Courts Act, 1984, with the personal laws: Hindu Marriage Act, Special Marriage Act, Indian Divorce Act, Dissolution of Muslim Marriages Act, Parsi Marriage and Divorce Act, Guardians and Wards Act, Hindu Minority and Guardianship Act, and Chapter X of the BNSS on maintenance |
|---|---|
| Number of courts | 31 sanctioned after the Delhi Government approved ten more in November 2023, when about 46,000 cases were pending |
| Head | Principal Judge (Family Courts), posted at Dwarka Courts in 2026, with Principal and Additional Principal Judges in each district |
| Where | Tis Hazari, Saket, Patiala House, Karkardooma and Vishwas Nagar, Rohini and Dwarka court complexes |
| Counselling and mediation | Court counsellors in family courts, and mediation centres in every district complex |
| Appeals | To a division bench of the Delhi High Court within 30 days, under section 19 of the Family Courts Act |
| Free legal aid | From the District Legal Services Authority of your district; women and children qualify regardless of income |
| Case status | eCourts website or app, choosing Delhi and your district, then the family court establishment |
The Family Courts Act, 1984 was passed because matrimonial disputes were getting lost in the general civil courts, with the same procedures used for property suits and commercial claims. Parliament wanted courts that would try to save marriages where possible, settle disputes where not, and decide quickly with less formality. Three features of the Act still shape how Delhi's family courts work:
Proceedings can be held in camera if either party wants, and the court can take help from welfare experts, doctors and psychologists, especially where children are involved.
| Revenue district | Family court location | Typical areas |
|---|---|---|
| Central, West | Tis Hazari (family courts on the ground floor) | Karol Bagh, Paharganj, Rajouri Garden, Janakpuri, Punjabi Bagh, Tilak Nagar |
| South, South East | Saket | Mehrauli, Malviya Nagar, Hauz Khas, Lajpat Nagar, Kalkaji, Sarita Vihar |
| New Delhi | Patiala House | Connaught Place, Chanakyapuri, Lodhi Road, Delhi Cantonment area |
| East, North East | Family courts at Vishwas Nagar, about 1 km from Karkardooma | Laxmi Nagar, Mayur Vihar, Preet Vihar, Seelampur, Yamuna Vihar |
| Shahdara | Third floor of the main Karkardooma building | Shahdara, Dilshad Garden, Vivek Vihar |
| North, North West | Rohini | Rohini, Pitampura, Model Town, Narela, Bawana |
| South West | Dwarka | Dwarka, Najafgarh, Palam, Vasant Kunj, Kapashera |
Under section 19 of the Hindu Marriage Act (and similar provisions in other personal laws), a divorce or other matrimonial petition can be filed in the court within whose limits:
For maintenance under section 144 of the BNSS, the application can be filed where the respondent is, where the applicant lives, or where the respondent last lived with the spouse or with the mother of a child born outside marriage. Custody and guardianship petitions go where the child ordinarily lives. A wife living with her parents in Delhi can therefore usually file in her own district even if the marriage took place elsewhere.
If cases are filed by both spouses in different districts, either can ask the Delhi High Court to transfer one so they are heard together; if the other case is in another state, the Supreme Court decides transfer petitions.
Section 7 of the Family Courts Act gives family courts the jurisdiction of district civil courts and magistrates over these disputes:
Domestic violence complaints under the Protection of Women from Domestic Violence Act, 2005 are generally heard in Delhi by Metropolitan Magistrates (often called Mahila courts) in each district. If a matrimonial case is already pending in a family court, reliefs under the DV Act, such as residence or protection orders, can also be sought there under section 26 of that Act. Criminal complaints such as cruelty under section 85 of the BNS (earlier section 498A of the IPC) are tried by criminal courts, not family courts.
Where one spouse wants a divorce and the other does not agree, the petitioner must prove a ground recognised by the applicable law. Under the Hindu Marriage Act (which applies to Hindus, Sikhs, Jains and Buddhists), the main grounds in section 13 are:
| Ground | What must be shown |
|---|---|
| Cruelty | Behaviour, physical or mental, that makes the petitioner reasonably fear that staying together would cause harm. Courts look at the conduct as a whole, not isolated quarrels. |
| Desertion | Leaving the spouse without reasonable cause and without consent for an unbroken two years or more before filing. |
| Adultery | Voluntary sexual intercourse with another person after marriage. |
| Conversion | The respondent has left Hinduism and adopted another faith. |
| Mental disorder | Incurable unsoundness of mind or a mental disorder of such a kind that the petitioner cannot reasonably be expected to live with the respondent. |
| Renunciation, presumed death | Entering a religious order, or not being heard of for seven years. |
| Non-resumption after decree | Twelve months pass without the couple living together after a separation decree or a restitution decree; either side may then ask for divorce. |
A wife has additional grounds under section 13(2), including where a maintenance order has been passed in her favour and cohabitation has not resumed for a year since, and where she was married before 15 and repudiated the marriage before turning 18.
No divorce petition may be presented in the first year of marriage under section 14 HMA, except with the court's leave where the petitioner faces exceptional hardship or the respondent has shown exceptional depravity. Special Marriage Act couples face a similar one-year bar.
Irretrievable breakdown of marriage is not a ground in the Hindu Marriage Act, and a family court cannot grant divorce on that basis alone. The Supreme Court held in Shilpa Sailesh v. Varun Sreenivasan (2023) that it can dissolve such a marriage using its special power under Article 142, which only the Supreme Court has. Long separation and failed reconciliation can, however, support a finding of mental cruelty in a family court.
If you married through the court marriage route, see court marriage for how the Special Marriage Act applies.
Mutual divorce under section 13B of the Hindu Marriage Act (section 28 of the Special Marriage Act) is the fastest and least painful route when both spouses agree to part. It needs:
The six-month gap is a guideline rather than a fixed rule, the Supreme Court said in its 2017 Amardeep Singh v. Harveen Kaur decision. A family court can waive it where the one-year separation and the six months together have already passed (counting from separation), all mediation and conciliation attempts have failed, every question, alimony and children included, is truly resolved, and making the couple wait would just drag out their distress. The request to skip the wait can be made soon after the first motion. Delhi's family courts regularly grant waivers in suitable cases.
More detail is in mutual divorce and how to file for divorce.
Maintenance claims are the most common cases in Delhi's family courts. Several laws provide for it, and the same person can apply under more than one, though amounts are adjusted.
| Law | Who can claim | Features |
|---|---|---|
| Section 144, BNSS (earlier section 125, CrPC) | A wife, or former wife who has not married again; minor or dependent children; parents who cannot support themselves | Applies to all religions; quick and summary; interim maintenance during the case |
| Section 24, Hindu Marriage Act | Either spouse without sufficient independent income, during a matrimonial case | Interim maintenance and litigation expenses while the divorce or other case is pending |
| Section 25, Hindu Marriage Act | Either spouse, at the time of or after the decree | Permanent alimony, as a lump sum or periodic payment |
| Hindu Adoptions and Maintenance Act, 1956 | Hindu wife, children, aged parents | Separate residence and maintenance in specified circumstances |
| Section 20, DV Act | Aggrieved woman and children | Monetary relief alongside protection and residence orders |
A wife who earns is not automatically barred from maintenance, but her income is weighed against the standard of living in the matrimonial home. A husband cannot avoid maintenance by resigning or claiming to have no income if he is able-bodied and qualified; courts often impute an income based on his qualifications and past earnings. A wife who is highly qualified and has chosen not to work may get a lower amount, but courts have repeatedly said qualification alone is not a reason to deny interim maintenance.
A 2024 Supreme Court ruling, Mohd. Abdul Samad v. State of Telangana, confirmed that a Muslim woman after divorce may use the general maintenance remedy in the criminal procedure code; her separate entitlements under the 1986 Act for divorced Muslim women remain.
If maintenance is not paid, file an execution or recovery application in the same family court. The court can issue a warrant for recovery, attach salary through the employer or bank accounts, and in persistent default commit the respondent to civil prison. Arrears should be claimed within a year of falling due for the criminal procedure remedy.
When a marriage ends, the court can award permanent alimony under section 25 of the Hindu Marriage Act (or the equivalent provision of other laws). There is no fixed formula. In Parvin Kumar Jain v. Anju Jain (December 2024), the Supreme Court listed the factors courts look at:
The court said alimony should ensure a decent standard of living for the wife, not penalise the husband. In Kiran Jyot Maini v. Anish Pramod Patel (2024), the Court similarly stressed the standard of living in the matrimonial home and the husband's real capacity.
In mutual divorces, the parties fix the amount themselves, often as a single lump sum covering all claims for the past, present and future, including the children's maintenance or with a separate provision for them. A lump sum gives finality; monthly payments keep the relationship tied. Tax treatment of alimony can differ between lump sum and periodic payments, so take advice for large amounts.
Custody cases are decided by the welfare of the child, which overrides the rights of either parent. Petitions are filed under the Guardians and Wards Act, 1890, read with the Hindu Minority and Guardianship Act, 1956 for Hindu children, or within the matrimonial case under section 26 of the Hindu Marriage Act.
Child support is separate from custody. A parent with custody can claim maintenance for the child, and a father's obligation continues even if the mother earns well.
A woman facing physical, sexual, verbal, emotional or economic abuse in a domestic relationship can seek relief under the Protection of Women from Domestic Violence Act, 2005. In Delhi:
A DV case is quasi-civil; it does not by itself lead to arrest. Criminal cases for cruelty, dowry or assault are separate and go to the police and criminal courts.
Nearly every contested family case in Delhi goes through some attempt at settlement before trial.
Family courts have counsellors who meet the parties, separately and together, to understand the dispute and explore reconciliation or an amicable parting. Their sessions are private. The Delhi High Court has said that when a family court refers parties to a counsellor, it should keep the next date short enough to monitor progress, rather than adjourning for months.
Each district complex has a mediation centre run under the Delhi High Court's mediation framework, staffed by trained judicial and advocate mediators. Matrimonial disputes are among the most frequently mediated. A typical mediation covers alimony, return of streedhan and articles, custody and visitation, the mode of divorce, and withdrawal of all cases. The signed settlement goes back to the court, which acts on it.
Mediation also works for couples who want to stay together on new terms, such as separate residence from in-laws, financial arrangements or a fixed contact schedule.
Pending maintenance and some matrimonial disputes can be settled at a Lok Adalat. Divorce itself is not granted there, but settlement terms reached can be placed before the family court. The next National Lok Adalat in Delhi is on 25 October 2026 (details).
Where there has been serious violence, threats or a power imbalance that prevents free negotiation, a party can tell the mediator or the court that mediation is not appropriate. Safety comes first.
Courts disapprove of exaggerated or false allegations. Allegations of cruelty that are made recklessly in pleadings, such as unfounded claims about character, can themselves be treated as cruelty.
| Matter | Usual time |
|---|---|
| Mutual divorce | About six months after the first motion, or a few weeks if the waiting period is waived |
| Interim maintenance | A few months from filing, once affidavits are complete |
| Contested divorce | Often two to five years, depending on the court's load and the number of witnesses |
| Custody and visitation | Interim arrangements in weeks; final decision in one to three years |
| Appeal in the High Court | Admission in weeks; final hearing can take longer |
Court fees in family cases are low and fixed. The main cost is the advocate's fee, which varies with experience and whether the case is mutual or contested. Ask for a written fee arrangement covering each stage. Women and children qualify for free legal aid regardless of income.
Every Delhi district has a District Legal Services Authority with a front office in the court complex. Under section 12 of the Legal Services Authorities Act, all women and children are eligible for free legal services, whatever their income, as are members of SC and ST communities, persons with disabilities and others. Men are covered if their yearly income stays below the Delhi ceiling of Rs 3 lakh; that ceiling rises to Rs 4 lakh for older persons and transgender persons.
Legal aid covers drafting and filing, a panel lawyer to appear, court fee and costs. Applications are made at the DLSA front office in your district complex, or through the state helpline 1516. See free legal aid eligibility.
Family cases are personal, long and emotionally draining. The right advocate keeps you focused on outcomes that matter, such as a fair settlement, a workable custody plan or a timely decree, rather than on winning every argument.
Check enrolment with the Bar Council of Delhi, and see how to choose an advocate, divorce lawyers in Delhi and family lawyers in Delhi.
On Mara Vakil, a short note in the form above goes to Delhi advocates who handle family matters and whose enrolment has been checked. Your number is shared only with the advocate who accepts and calls you. Mara Vakil charges you nothing for this; the advocate's fee is settled between you.
When one partner walks out without a reasonable excuse, the other can ask the court under section 9 HMA to direct a return. The decree cannot be enforced by force, but if cohabitation does not resume for a year after it, either spouse can seek divorce. Restitution petitions are sometimes filed as a counter to a divorce or maintenance claim; courts look at whether the request is genuine.
A marriage can be declared void (for example, bigamy or prohibited degrees of relationship) or annulled as voidable (for example, consent obtained by force or fraud about a material fact, or non-consummation owing to impotence). A voidable marriage petition on the ground of fraud or force must be filed within a year of discovering the fraud or the force ceasing.
Streedhan, the jewellery, gifts and property given to a woman before, at or after marriage, belongs to her. She can recover it through the family court, in DV proceedings, or by a criminal complaint for criminal breach of trust if it is withheld. Lists of articles, photographs, bills and wedding videos help prove what was given.
A family court can declare whether a marriage is valid, which can matter for inheritance, visas and pensions. Couples who married at an Arya Samaj or through a religious ceremony without registration sometimes need such a declaration, or a registration with the Sub-Divisional Magistrate. See court marriage.
Where one spouse lives abroad, Delhi family courts can allow appearance by video, recording of evidence through a commissioner, and service of summons through the Ministry of External Affairs or electronic means. A foreign divorce decree may not be recognised in India unless it was obtained on a ground available under the Indian law that governs the marriage, with the other spouse properly participating. Women deserted by spouses abroad can approach the National Commission for Women's NRI cell and the Ministry of External Affairs for help with passports and service.
A woman living with a partner in a marriage-like relationship can seek protection and maintenance under the DV Act, and children born from such relationships have rights to maintenance. The Supreme Court has recognised such claims where the relationship has the features of a marriage, such as living together for a significant time and holding out as a couple.
These are composite illustrations, not real cases.
A couple from Janakpuri, married three years and separated for eighteen months, mediate at Tis Hazari and agree on a lump sum, return of jewellery and joint custody of their daughter with a weekly schedule. They file a joint petition. At the first motion they apply for waiver of the six-month period, showing the long separation and that all issues are settled. The court grants the waiver and the decree within a few weeks.
A woman living with her parents in Rohini files for maintenance under section 144 of the BNSS. Her husband, a private sector manager, claims his income has fallen. Both file affidavits of assets and liabilities. The court, looking at his tax returns, bank statements and lifestyle, awards interim maintenance for her and her son from the date of the application, with school fees paid directly.
A father in Dwarka takes his six-year-old son to his parents' home in another city after a quarrel. The mother files a guardianship petition and an application for interim custody. The court orders the boy's return to the mother, who had been his primary caregiver, and grants the father weekend visitation and video calls.
A husband in Laxmi Nagar seeks divorce alleging that his wife repeatedly filed false complaints against his family. The wife denies it and claims cruelty by him. After mediation fails, both lead evidence. The court finds that some complaints were made without basis and caused humiliation, grants divorce on cruelty, and awards permanent alimony considering the wife's limited income.
| Purpose | Documents |
|---|---|
| Proof of marriage | Marriage certificate, wedding invitation, photographs, Arya Samaj or temple certificate |
| Identity and address | Aadhaar or other ID of both spouses; proof of current residence for jurisdiction |
| Separation | Rent agreement for separate residence, messages, any police or DV complaint with dates |
| Income and assets | Salary slips, Form 16, income tax returns, bank statements for at least a year, property and investment papers, loan statements |
| Children | Birth certificates, school records and fee receipts, medical records |
| Streedhan | List of articles, photos and videos of the wedding, jewellery bills |
| Date | Development |
|---|---|
| November 2023 | Delhi Government approves ten more family courts, taking the sanctioned number to 31; about 46,000 cases pending |
| 1 July 2024 | Maintenance under section 125 CrPC continues as section 144 of the BNSS; cruelty under section 498A IPC becomes section 85 of the BNS |
| July 2024 | Supreme Court in Mohd. Abdul Samad confirms divorced Muslim women can claim maintenance under the criminal procedure code |
| December 2024 | Parvin Kumar Jain v. Anju Jain lists factors for permanent alimony |
| August 2026 | Delhi High Court's transfer order posts judicial officers to family courts across Delhi, including an Additional Principal Judge at Dwarka |
| 1 October 2026 onwards | Matrimonial cases among those taken up under the Mediation for the Nation 3.0 drive |
| 25 October 2026 | National Lok Adalat in Delhi |
| 31 October 2026 | A working Saturday for Delhi's district courts |
Many matrimonial disputes in Delhi also involve the police. Knowing how the two tracks interact avoids surprises.
See criminal lawyers in Delhi and bail lawyers in Delhi if a criminal case has been filed.
The Dowry Prohibition Act, 1961 makes giving, taking or abetting dowry an offence punishable with at least five years' imprisonment and a fine of at least Rs 15,000 or the value of the dowry, whichever is more. Demanding dowry is separately punishable with six months to two years and a fine. Gifts given at the time of marriage without demand are allowed if they are listed and customary, and the law expects a list of presents to be maintained.
In family court, the distinction matters for return of property: whatever a woman received as streedhan is hers, and the husband or in-laws hold it in trust. A woman can demand its return at any time, and refusal can found both a civil claim and a criminal complaint.
Family law in India gives many protections to women and children, but husbands also have rights that the family courts enforce:
Courts treat children's expenses as a priority. In deciding maintenance and alimony, family courts in Delhi commonly consider school and tuition fees, transport, books and uniforms, medical insurance and treatment, extracurricular activities, and in older children, college and coaching costs. Many orders direct that school fees be paid directly to the school, so that the children's education is not caught up in the parents' dispute. A settlement in a mutual divorce should say clearly who pays what for the children until they become independent, and how increases in costs will be handled.
At Tis Hazari, Saket, Patiala House, Karkardooma and Vishwas Nagar, Rohini and Dwarka court complexes, each serving one or more revenue districts.
31 were sanctioned after the Delhi Government approved ten more in November 2023. The number working at any time depends on postings.
Any one of: the place of the wedding, the other spouse's present home, your last shared home, or, for a wife, wherever she currently lives.
Yes. Since 2003, the Hindu Marriage Act lets a wife file where she is residing at the time of filing.
In 2026 the Principal Judge (Family Courts) was posted at Dwarka Courts, with Principal and Additional Principal Judges in each district.
Divorce, judicial separation, annulment, restitution of conjugal rights, maintenance, custody and guardianship, validity of marriage, and property disputes between spouses.
In Delhi, DV applications usually go to Metropolitan Magistrates. If a family court case is pending, DV reliefs can also be sought there under section 26 of the DV Act.
Under section 13 of the Family Courts Act, a lawyer is not a matter of right, but Delhi's family courts routinely permit advocates, and most contested cases have them.
Usually not; section 14 HMA keeps the first year closed except by special leave in extreme cases.
Under the Hindu Marriage Act: cruelty, desertion for two years, adultery, conversion, serious mental disorder, renunciation, presumed death, and non-resumption of cohabitation after certain decrees, with extra grounds for wives.
Not before a family court. The 2023 Shilpa Sailesh judgment reserves that route for the Supreme Court under Article 142.
Behaviour so hurtful that nobody could fairly expect the spouse to keep sharing a home, for instance persistent humiliation, false accusations or unfounded criminal complaints, judged on the facts as a whole.
About six months after the first motion, or a few weeks if the court waives the waiting period.
Yes, under Amardeep Singh v. Harveen Kaur (2017), where separation has lasted long enough, mediation has failed, all issues are settled and waiting would serve no purpose.
At least one year before filing the joint petition.
Yes, before the second motion. If consent is withdrawn after benefits were taken or an undertaking was given, the court can take action.
Both spouses appear, confirm the joint petition and settlement, and the court records their statements.
Both appear again, confirm continuing consent, and the court grants the divorce decree.
Courts often allow a spouse abroad or posted elsewhere to appear by video, with proper identification, especially in mutual divorces.
Support paid during the case to a spouse without sufficient income, under section 24 HMA or section 144 BNSS, along with litigation expenses.
From the date of the application, as held in Rajnesh v. Neha (2020).
A detailed disclosure of income, assets, liabilities and expenses that both parties must file in maintenance cases, under the Supreme Court's directions in Rajnesh v. Neha.
Yes, if her income is not enough to maintain the standard of living she had in the matrimonial home. Her earnings are taken into account.
Under section 24 and section 25 of the Hindu Marriage Act, either spouse can claim. Under section 144 BNSS, only a wife, children and parents can claim.
On the parties' status, reasonable needs, the applicant's income, the respondent's capacity and liabilities, and the children's needs. There is no fixed percentage.
File an execution or recovery application in the same court. It can attach salary or property and, after due process, send the defaulter to jail for each month of default.
Yes. The Abdul Samad ruling of 2024 lets her use the general code remedy, and her 1986 Act rights continue alongside.
A lump sum or periodic payment fixed at or after the decree, under section 25 HMA or equivalent provisions, to support the spouse after divorce.
There is no formula. Courts consider status, needs, qualifications, independent income, standard of living, career sacrifices, litigation costs and the paying spouse's capacity, as listed in Parvin Kumar Jain (2024).
A lump sum gives finality and ends future disputes; monthly payments may suit when the payer cannot pay a large sum at once. Tax consequences can differ.
For children below five, the 1956 guardianship law leans towards the mother, yet the final test is always what is best for the child.
Yes, older children who can form an intelligent preference are usually heard in chambers, and their wishes are given weight.
Yes. Family courts increasingly order shared parenting where parents can cooperate.
Yes, the court sets visitation, often starting at the court complex and moving to home and overnight visits, plus video calls.
Usually only with the court's permission or the other parent's written consent.
You can apply to the court to enforce the order, and repeated denial can lead to a change in custody or contempt action.
Yes. The parent with custody can claim maintenance for the child, and a father must contribute even if the mother earns.
A petition under section 9 HMA asking the court to direct a spouse who left without reasonable excuse to return. Non-compliance for a year allows divorce.
When it is void, such as bigamous, or voidable, such as consent obtained by force or fraud or non-consummation due to impotence, under sections 11 and 12 HMA.
Through the family court, DV proceedings or a criminal complaint if it is withheld. Keep lists, bills, photos and videos.
Yes, disputes about property of the parties or either of them fall under section 7 of the Family Courts Act.
Yes. Marriages under the Special Marriage Act end under sections 27 and 28 of that Act, in the family court.
Not always. It may not be recognised unless based on a ground available under the Indian law governing the marriage and with proper participation by both spouses.
Yes. The court can serve summons through the Ministry of External Affairs or electronically, and allow video appearance.
A woman living with a partner in a marriage-like relationship can seek protection and maintenance under the DV Act, and children have maintenance rights.
Proceedings can be held in camera if either party wishes, and custody matters are usually heard privately.
The court must attempt settlement under section 9 of the Family Courts Act, and usually refers parties to counsellors or mediation.
A trained mediator helps both parties discuss settlement privately. If they agree, a written settlement goes to the court for orders.
Yes. What is said in mediation cannot be used as evidence in court.
No, but settlement terms reached there can be placed before the family court, which can act on them.
Often two to five years, depending on the court's workload and the evidence.
Small fixed amounts. The main cost is the advocate's fee.
Yes. All women and children qualify regardless of income, and men qualify below the income limit, through the DLSA of your district.
Appeals lie to two judges of the Delhi High Court sitting together, under section 19 of the 1984 Act, and must be filed inside 30 days.
After the appeal period has passed without an appeal, or after any appeal is dismissed, under section 15 of the Hindu Marriage Act.
Yes. They are separate proceedings, though overlapping maintenance is adjusted.
No. Cruelty under section 85 of the BNS (earlier 498A IPC) is a criminal case tried by criminal courts. It can be quashed by the High Court after a genuine settlement.
The Delhi High Court can transfer a case between Delhi districts; for transfers between states, the Supreme Court decides.
Messages, emails, medical records, contemporaneous complaints and witnesses. Electronic records need the certificate under section 63 of the Bharatiya Sakshya Adhiniyam.
Courts can order production of bank statements, tax returns and employer records, and impute income based on lifestyle and qualifications.
Yes. Parents unable to maintain themselves can claim from children under section 144 BNSS, and senior citizens can also approach the Maintenance Tribunal.
Keep yourself and children safe, secure documents, note the separation date, and get legal advice before taking major steps.
Yes. A first consultation helps you understand options such as mediation, maintenance or divorce before committing.
Look for regular family court practice in your district, good settlement skills and written fee terms, and check Bar Council of Delhi enrolment. On Mara Vakil you can share your matter with verified Delhi advocates.
No. Sharing your situation and speaking with advocates through the platform is free; any legal fee is agreed with the advocate.
Neither. Mara Vakil is a web service for reaching verified advocates; it gives no legal opinion and has no tie with any court.
A case under the Guardians and Wards Act asking the court to appoint a guardian of a child's person or property, often used for custody disputes.
In suitable cases, yes, if the court finds it serves the child's welfare, for example where parents are unable to care for the child.
Yes, it remains a ground for divorce under the Hindu Marriage Act, though it is no longer a crime after the Supreme Court's 2018 judgment in Joseph Shine.
Under section 144 BNSS, a wife who stays away from her husband with no good cause can lose the claim, but courts examine whether her reasons are valid, such as cruelty.
A Crime Against Women cell of Delhi Police in each district. It receives complaints of cruelty and dowry harassment and often counsels both families before an FIR, unless serious offences need immediate registration.
For offences punishable up to seven years, police should ordinarily issue a notice of appearance under section 35 of the BNSS instead of arresting, following Arnesh Kumar v. State of Bihar (2014). Anticipatory bail is also available.
At least five years' imprisonment and a fine of at least Rs 15,000 or the value of the dowry, whichever is more, under the Dowry Prohibition Act, 1961. Demanding dowry carries six months to two years.
Courts often direct the father, or both parents in proportion to their incomes, to pay school fees directly to the school. A mutual settlement should state this clearly.
Yes, if it serves the child's welfare. Fathers commonly get shared parenting or generous visitation, and sometimes primary custody where the mother cannot care for the child.
No. The family court can decide divorce, maintenance and custody while a criminal case is pending, though the same facts may be argued in both.
Under sections 24 and 25 of the Hindu Marriage Act, yes, if he lacks sufficient income and she can pay. Such claims succeed in limited situations.
Yes. Couples can withdraw the petition at any stage, and counsellors and mediators often help couples who want to try again on new terms.
This page gives general information based on the sources listed, as checked on 17 October 2026. Court postings, numbers and procedures change, and every family dispute turns on its facts; confirm with the court or an advocate before acting. Mara Vakil is a technology platform, not a law firm, does not give legal advice, and is not connected with any Delhi court. Read our disclaimer.
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