Family matters in Delhi are heard by the Family Courts, and certain proceedings by the Magistrate Courts and the High Court.
Divorce
- Divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955. After the first motion, Section 13B(2) ordinarily requires a waiting period of six months before the second motion. In Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746, the Supreme Court held that this six month period is directory and may be waived by the Family Court in an appropriate case, where the statutory separation period has already run, reconciliation efforts have failed, all issues including alimony, custody and property are genuinely settled, and waiting would only prolong the hardship. Waiver is not automatic: an application is ordinarily made after the first motion and the decision rests with the Family Court
- Contested divorce on the grounds in Section 13, such as cruelty and desertion
- Corresponding provisions under the Special Marriage Act, 1954, the Indian Divorce Act, 1869, the Parsi Marriage and Divorce Act, 1936 and, where applicable, Muslim personal law
Maintenance
Maintenance may be claimed under the Hindu Adoptions and Maintenance Act, 1956 and Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 125 CrPC). Section 144 is a summary remedy before a Magistrate, available to a wife, a legitimate or illegitimate minor child, and a father or mother who is unable to maintain themselves. The Supreme Court in Rajnesh v. Neha (2021) 2 SCC 324 directed parties to file affidavits of assets and liabilities in maintenance proceedings.
Custody and guardianship
Custody of children is decided under the Guardians and Wards Act, 1890 and the personal law applicable to the parties, with the welfare of the child as the governing consideration.
Domestic violence and cruelty
- Reliefs under the Protection of Women from Domestic Violence Act, 2005, including protection and residence orders
- Cruelty by a husband or a relative of the husband: Section 85 of the Bharatiya Nyaya Sanhita, 2023 creates the offence and Section 86 defines cruelty (formerly Section 498A IPC)
- Bigamy under Section 82 BNS (formerly Section 494 IPC), which is punishable where a second marriage is performed during the lifetime of the spouse and the first marriage subsists. The second marriage must generally be proved to have been validly performed
- These proceedings are distinct from civil matrimonial proceedings and may run in parallel with divorce, maintenance or domestic violence proceedings
Settlement
Settlements are recorded in written deeds covering maintenance, custody, streedhan and division of property, and may be placed before the court. In mutual consent divorce, terms on alimony, custody, maintenance and property may be recorded in or incorporated into the decree or order. Their enforceability depends on the form of the settlement and the court’s order.
Related practice areas
- Economic Offences and White-Collar Crime
- Delhi High Court and Supreme Court
- Startup and Employment Disputes
- Criminal Defence
- Property and Land Disputes
- Civil and Commercial Matters
Last reviewed: October 2026