Divorce cases in Delhi are heard by the Family Courts that sit in the district court complexes, from Saket and Dwarka to Karkardooma and Rohini, and the right complex depends on where you married, last lived together or now live. This page explains mutual and contested divorce in Delhi, the papers you need, the local steps such as CAW Cell mediation, and how to speak to an enrolled advocate.
Divorce, maintenance, custody and other matrimonial cases in Delhi are heard by the Family Courts functioning in each of the district court complexes. Divorce Lawyers in Delhi advise on the law, draft the papers and appear for you. Booking a first consultation with an enrolled advocate through Mara Vakil is free.
People in Delhi usually come for divorce advice in a few common situations. A couple has been living apart for over a year, perhaps one spouse in Gurugram or Noida and the other in Delhi, and both want a clean mutual divorce with a settlement on alimony and the child. A wife has left the matrimonial home after a dowry or cruelty complaint at the Crime Against Women (CAW) Cell, and the family wants to know whether a settlement there can lead to divorce. Many couples have one spouse working abroad and need to know how that spouse can join the case. Others face a divorce petition they never expected, served at their Delhi address, and need to respond within time. A smaller group come after a decree has been passed, to enforce unpaid alimony or to fix a visitation schedule that is not being followed.
For Hindus, Sikhs, Jains and Buddhists, divorce is governed by the Hindu Marriage Act, 1955. Mutual consent divorce is under Section 13B: the couple must have lived separately for at least one year and file a joint petition, then make a second motion after six months. The Supreme Court has held that this six month period can be waived in suitable cases. Contested divorce is under Section 13, on grounds such as cruelty, adultery, desertion for two years, conversion and mental disorder. Inter-faith and court marriages are governed by the Special Marriage Act, 1954 (mutual divorce under Section 28). Christians are covered by the Divorce Act, 1869, and Muslims by personal law and the Dissolution of Muslim Marriages Act, 1939. Interim maintenance during the case can be claimed under Section 24 of the Hindu Marriage Act, and permanent alimony under Section 25.
Delhi has Family Courts in its district court complexes at Saket, Tis Hazari, Karkardooma, Rohini, Dwarka and Patiala House, each serving particular revenue districts. Under Section 19 of the Hindu Marriage Act, a petition can be filed where the marriage was solemnised, where the respondent lives, where the couple last lived together, or where the wife lives if she is the one filing. So a couple who married in Rajasthan but last lived together in Mayur Vihar would usually file at Karkardooma, while a wife now living with her parents in Janakpuri can file at Dwarka. Filing in the wrong complex is a common reason for delay.
Appeals against a Family Court decree or order go to the Delhi High Court under Section 19 of the Family Courts Act, within the time limit allowed. Criminal complaints that often run alongside divorce, such as cruelty under Section 85 BNS (old Section 498A IPC) or domestic violence cases, are heard by Magistrates in the same district complexes. Each complex also has a mediation centre where the Family Court often sends couples before trial. Custody of children is decided by the same Family Court under the Hindu Minority and Guardianship Act, 1956 and the Guardians and Wards Act, 1890, often in the same proceedings.
Joint petition under Section 13B after one year of separation, with a written settlement on alimony, stridhan, child custody and withdrawal of other cases.
Petition under Section 13 on grounds such as cruelty or desertion, followed by reply, mediation, evidence and arguments before the Delhi Family Court.
Interim maintenance under Section 24 HMA, maintenance under Section 144 BNSS, and domestic violence cases often proceed alongside the divorce.
Look for an advocate who regularly appears before the Family Court in the district complex where your case will be filed, and who also knows how CAW Cell and mediation centre proceedings work in Delhi. Ask for the enrolment number and check it with the Bar Council of Delhi, or the State Bar Council where the advocate is enrolled. Be open about pending complaints, earlier settlements and your real income, because the court will see the assets affidavit and police papers anyway. If children are involved, discuss custody and visitation terms early, since these often decide whether a mutual settlement holds.
Agree the fee in writing, stage by stage, such as first motion, second motion, a contested trial, or a connected criminal case. Ask for receipts for every payment. If you cannot afford an advocate, free legal aid is available through the Delhi State Legal Services Authority and the district legal services authorities in every court complex, and women are eligible regardless of income; helpline 15100 can guide you. Mara Vakil charges clients nothing to find or consult advocates: you describe your matter for free and enrolled advocates in Delhi contact you.
On Mara Vakil you describe your matter once and enrolled advocates who handle divorce matters in Delhi can accept it and call you. Mara Vakil charges clients nothing to find or consult advocates. Send your matter
It depends on where the marriage took place, where your spouse lives, where you last lived together, or, if you are the wife filing, where you now live. Delhi's Family Courts sit in the Saket, Tis Hazari, Karkardooma, Rohini, Dwarka and Patiala House complexes, each covering certain districts. Your advocate matches your address to the right complex before filing.
No. A settlement at the CAW Cell is only an agreement between the parties. To end the marriage, a mutual consent petition still has to be filed before the Family Court, and the agreed terms are placed in it. The settlement should clearly say which cases will be withdrawn and when the money will be paid.
The Supreme Court has held that the six month period under Section 13B can be waived when the couple has been separated for a long time, all issues are settled and there is no chance of reunion. The Delhi Family Court decides each application on its facts, so waiver is possible but not automatic.
Yes, if Delhi has jurisdiction on one of the grounds under Section 19. The spouse abroad may be allowed to appear by video conference in suitable cases, and documents can be signed and attested abroad. Your advocate will advise on the court's current practice for such appearances.
The court looks at the income and assets of both spouses, the length of the marriage, the needs of the wife and children, and the standard of living. Both sides file affidavits of assets and liabilities. In mutual cases, the amount is agreed between the couple and is often paid in two parts, at the first and second motion, so that neither side is left exposed if the other backs out.
Once a mutual divorce is agreed, the parties usually apply to the Delhi High Court to quash a cruelty FIR on the basis of settlement, or withdraw a domestic violence case before the Magistrate. The High Court decides quashing petitions on their facts. The settlement should cover all such cases so nothing is left pending after the decree.
No. Describing your matter and booking a first consultation with an enrolled advocate is free. Any fee for further work is agreed directly between you and the advocate.
Other help in Delhi:
Divorce Lawyer in other cities:
Guide: How to file divorce in India: step-by-step guide
This page gives general information about the law in Delhi, Delhi. It is not legal advice and is not an advertisement or solicitation by any advocate. Laws and court practice change; confirm details with an advocate before acting. Mara Vakil is a technology platform, not a law firm. Read our disclaimer.
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