Divorce Lawyer in Delhi

Our law firm offers seamless communication and representation for clients residing abroad, ensuring all legal formalities are managed efficiently without requiring frequent travel.

Divorce case duration depends on the nature, legal procedures and also court availability and timing vary per case.

We offer legal support for divorce litigation, child custody, alimony, asset settlement and domestic violence.

Under Section 13B of the Hindu Marriage Act a mutual consent divorce requires two motions separated by a statutory six month period. In the Delhi family courts most mutual petitions conclude in about six to eighteen months, depending on the court's workload and whether the settlement terms are already agreed between the parties.

Yes. In Amardeep Singh v. Harveen Kaur (2017) the Supreme Court held that the six month period under Section 13B(2) is directory and not mandatory. A family court may waive it where the parties have already lived separately for at least eighteen months, every dispute including alimony and custody has been settled, and there is no prospect of reconciliation.

Section 13 of the Hindu Marriage Act permits a contested petition on grounds that include cruelty, desertion for two years or more, adultery, conversion to another religion, unsoundness of mind, renunciation of the world and presumption of death. Comparable grounds exist under the Special Marriage Act, the Indian Divorce Act and Muslim personal law.

Yes. Interim maintenance and litigation expenses may be sought under Section 24 of the Hindu Marriage Act and permanent alimony under Section 25. Independent claims are also available under Section 125 of the Code of Criminal Procedure and under the Protection of Women from Domestic Violence Act, 2005. The court weighs the income, assets, conduct and reasonable needs of both spouses.

Custody is decided on the welfare of the child, which the courts treat as the paramount consideration under the Guardians and Wards Act, 1890 and the Hindu Minority and Guardianship Act, 1956. Custody may be physical, legal, joint or sole. A child below the age of five is ordinarily placed with the mother, though the court retains discretion in every case.

A petition generally requires the marriage certificate or other proof of marriage, wedding photographs, identity and address proof of both parties, income tax returns or salary slips where maintenance is claimed, details of assets and liabilities, and evidence supporting the ground pleaded. A mutual consent petition also needs the signed settlement terms.