Quick answer: Divorce in Delhi
Divorce cases in Delhi are heard by the family courts in each district court complex. Under Section 19 of the Hindu Marriage Act, the petition can be filed where the marriage took place, where the respondent lives, where the couple last lived together, or where the wife lives if she is the petitioner. A mutual consent divorce under Section 13B needs at least one year of separation, and the six-month waiting period can be waived (Amardeep Singh v. Harveen Kaur, 2017). Contested divorces proceed on grounds such as cruelty or desertion under Section 13. Law Chambers of Mridul Jindal handles these matters in Delhi. Call +91-8800669834.
Written and reviewed by Adv. Mridul Jindal, Advocate enrolled with the Bar Council of Delhi (2021) · Last updated 1 Nov 2026
Which Delhi Family Court?
Each of Delhi's district court complexes has family courts for its districts, for example Karkardooma for East, North-East and Shahdara, Saket for South and South-East, and Tis Hazari for Central and West. The Delhi courts guide lists all complexes.
Mutual Consent Divorce in Delhi
- Settlement: Agreeing on alimony, return of articles, custody and withdrawal of other cases, usually recorded in a settlement deed or through mediation.
- First motion: A joint petition under Section 13B with the settlement terms.
- Second motion: Statements are recorded again; the court may waive the six-month waiting period where the conditions in Amardeep Singh are met.
Contested Divorce, Maintenance and Custody
Contested cases usually involve related proceedings: maintenance under Section 144 of the BNSS and the Hindu Marriage Act, domestic violence applications, and custody under the Guardians and Wards Act. Both parties must file an affidavit of assets and liabilities as directed in Rajnesh v. Neha (2020). Family courts in Delhi refer most cases to mediation, and settlements reached there can lead to a quicker mutual divorce.
Documents to Keep Ready
- Marriage proof: Marriage certificate, wedding photographs or invitation card.
- Address and identity: Address proof of both spouses for jurisdiction.
- Income and assets: Salary slips, ITRs and bank statements for the maintenance affidavit.
- Children: Birth certificates and school records for custody questions.
Related Services
Related: divorce in Noida · mutual consent divorce · child custody · family law services.
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Frequently Asked Questions
The petition can be filed after at least one year of separation. The second motion normally follows six months after the first, but the court can waive this waiting period in suitable cases, so a settled case can sometimes be completed in a few weeks.
Yes, if the respondent lives in Delhi, the couple last lived together in Delhi, or the wife lives in Delhi and she is filing, under Section 19 of the Hindu Marriage Act.
Family courts can allow a spouse living abroad to appear through video conferencing or through a power of attorney holder for some steps, depending on the case and the court's directions.
Family courts routinely refer matrimonial disputes to mediation centres. Mediation is not a precondition for every step, but most courts expect the parties to attempt it.
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