Family disputes in Delhi range from child custody and maintenance before the Family Courts to elderly parents seeking protection from their own children before the District Magistrate. This page explains which Delhi court or authority handles each kind of family matter, what the law says, and how to prepare before you 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. Family 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.
Family matters in Delhi are wider than divorce. A mother living with her parents in Rohini needs maintenance for herself and her child from a husband who has stopped paying. A father in Dwarka wants regular visitation after his wife moved to her parents' home in another state with their son. An elderly couple in Lajpat Nagar wants a married son, who is harassing them, out of the house they bought themselves. Brothers in a Shahdara family disagree over a late father's bank deposits and need a succession certificate. A childless couple wants to adopt through the proper legal route, and a woman facing abuse at home needs a protection order quickly. Each of these goes to a different court or authority in Delhi, under a different law, and starting in the wrong place can cost months.
Maintenance for a wife, children and parents can be claimed under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (old Section 125 CrPC), and under the Hindu Adoptions and Maintenance Act, 1956. Custody and guardianship are decided under the Guardians and Wards Act, 1890 and the Hindu Minority and Guardianship Act, 1956, with the welfare of the child as the main concern; neither parent has an automatic right, though very young children often stay with the mother. The Protection of Women from Domestic Violence Act, 2005 gives a woman the right to reside in the shared household, protection orders, monetary relief and temporary custody. Elderly parents are protected by the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Adoption is governed by the Hindu Adoptions and Maintenance Act and the Juvenile Justice (Care and Protection of Children) Act, 2015, under which adoption orders are now passed by the District Magistrate.
Custody, guardianship, maintenance under Section 144 BNSS and most matrimonial disputes are heard by the Family Courts in the Saket, Tis Hazari, Karkardooma, Rohini, Dwarka and Patiala House district court complexes. Domestic violence cases under the 2005 Act are filed before the Metropolitan Magistrates (often designated Mahila Courts) in the complex that covers the area where the woman lives, the respondent lives, or the violence took place. Succession certificates for debts and securities of a deceased person are granted by the District Judge or a designated civil court in the district where the deceased ordinarily lived.
Claims by senior citizens for maintenance go to the Maintenance Tribunal, presided over by the Sub-Divisional Magistrate of the area, and Delhi's rules under the 2007 Act also provide a route through the District Magistrate to remove children or relatives from a senior citizen's property in suitable cases. Adoption orders are passed by the District Magistrate after the process on the CARA portal. Appeals from the Family Courts go to the Delhi High Court, which also hears habeas corpus petitions where a child has been taken away and kept from a parent in breach of an order. Disputes over family property, such as partition between brothers, are civil suits heard by the civil courts in the district where the property lies.
Guardianship petitions, interim custody, visitation schedules and permission to relocate or travel abroad with a child, decided on the child's welfare.
Maintenance claims under Section 144 BNSS, and residence and protection orders for women under the Domestic Violence Act.
Senior citizens' maintenance and eviction applications, legal adoption through CARA and the District Magistrate, and succession certificates.
Pick an advocate who regularly appears in the forum your matter belongs to: a Family Court for custody, a Mahila Court for domestic violence, or the SDM's Maintenance Tribunal for a senior citizen's claim. Ask how many hearings are usual and what interim relief can be sought at the first date. Check the advocate's enrolment number with the Bar Council of Delhi, or the State Bar Council where they are enrolled. Share every document honestly, including WhatsApp messages, bank transfers and earlier complaints, and keep a dated diary of incidents and payments, because family cases are often decided on small details. Ask the advocate to explain each order in plain words.
Ask for a written fee note covering each stage, such as filing, interim hearing, evidence and enforcement, and take receipts for all payments. Women, children and people with low income are eligible for free legal aid from the Delhi State Legal Services Authority and the district legal services authorities in every complex, and senior citizens can approach the Maintenance Tribunal without a lawyer if they wish. Call 15100 for guidance. Mara Vakil charges clients nothing to find or consult advocates: you describe your family matter for free and enrolled advocates in Delhi contact you.
On Mara Vakil you describe your matter once and enrolled advocates who handle family matters in Delhi can accept it and call you. Mara Vakil charges clients nothing to find or consult advocates. Send your matter
A custody or guardianship petition is generally filed in the Family Court that covers the area where the child ordinarily resides. In Delhi, that means one of the Family Courts at Saket, Tis Hazari, Karkardooma, Rohini, Dwarka or Patiala House. If the child has been moved out of Delhi recently, the advocate will check where the child ordinarily lives before filing.
Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, a senior citizen can claim maintenance from children before the SDM's Maintenance Tribunal. Delhi's rules also provide a route through the District Magistrate for eviction from the senior citizen's property in suitable cases, after hearing the person concerned.
There is no fixed formula. The court looks at the income and assets of the person paying, the needs of the wife, children or parents, their standard of living and other liabilities. Both sides are required to disclose income and assets on affidavit. Interim maintenance may be ordered early in the case, and the amount can later be changed if circumstances change, such as a job loss or a new child.
Under the Domestic Violence Act, a woman has the right to reside in the shared household, whether or not she owns it, and the Magistrate can pass a residence order to protect that right. The court can also order alternative accommodation. The facts of who owns the house and who lived there matter, so property papers and proof of residence should be collected early.
Prospective parents register on the CARA portal, a home study is done by a specialised adoption agency, and a child is referred. After acceptance, the adoption order is passed by the District Magistrate under the Juvenile Justice Act. Hindu parents adopting a related child may also use the Hindu Adoptions and Maintenance Act.
Banks often ask for one when there is no nominee, the amount is large or heirs disagree. The petition is filed before the District Judge of the district where your father lived, with notice published to invite objections. Where there is a nominee, the bank usually pays the nominee, who holds the money for the legal heirs.
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:
Family Lawyer in other cities:
Guide: How to file divorce in India
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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