Divorce, Maintenance and Child Custody Lawyers in Delhi
Family matters are decided in Delhi's Family Courts, which sit at Saket, Dwarka, Karkardooma, Rohini, Tis Hazari and Patiala House. Whether the route is mutual consent or contested, the practical questions are almost always the same: how long, how much, and who the children live with.
What we handle
- Mutual consent divorce, including settlement drafting
- Contested divorce on statutory grounds
- Maintenance for wife and children, interim and final
- Child custody, guardianship and visitation
- Domestic violence complaints and protection orders
- Restitution of conjugal rights and judicial separation
- Anticipatory bail and defence in matrimonial criminal complaints
- Transfer petitions between courts
Key facts
- Mutual consent divorce
- Section 13B, Hindu Marriage Act, 1955, with parallel provisions under the Special Marriage Act and other personal laws
- Cooling-off period
- Six months between the first and second motion, which the Supreme Court has held can be waived in appropriate cases
- Maintenance
- Available under personal law, under Section 144 BNSS, and under the Protection of Women from Domestic Violence Act, 2005
- Where heard
- Family Courts at Saket, Dwarka, Karkardooma, Rohini, Tis Hazari and Patiala House
- Typical duration
- Mutual consent commonly six to eighteen months; contested matters considerably longer
How it works
- Understand the positionBefore anything is filed, an advocate maps what is realistically achievable on maintenance, custody and property — and what a settlement would look like.
- Choose the routeMutual consent is faster, cheaper and less damaging where it is available. Contested proceedings are for where it is not.
- File and appearPetitions are filed in the Family Court having jurisdiction, with statements recorded on the listed dates.
- EnforceOrders for maintenance and custody mean little unless enforced. Execution is part of the job, not an afterthought.
Common questions
Can the six-month waiting period be waived?
Yes, in appropriate cases. The Supreme Court has held that the six-month period between motions in a mutual consent divorce is directory rather than mandatory, and courts can waive it where the parties have been separated long enough and all issues are genuinely settled.
Can a wife claim maintenance if she is earning?
Yes. Earning does not by itself disentitle a claim. Courts look at the standard of living during the marriage and the comparative income of both parties, not merely at whether the claimant has some income.
Who gets custody of the children?
There is no automatic rule by gender or age beyond the presumption for very young children. Indian courts decide custody on the welfare of the child, considering stability, schooling, the child's own preference where they are old enough, and each parent's circumstances.
Can a case filed in another city be moved to Delhi?
A transfer petition can be filed, typically before the Supreme Court where the courts are in different states. Courts have generally been receptive to transfer applications by wives on grounds of hardship in travelling.
Speak to an advocate about this.
Send your documents on WhatsApp and get an assessment of your position, usually the same day.