Which court? Jurisdiction
Under section 19 of the Hindu Marriage Act, a petition can be filed where the marriage was solemnised, where the respondent lives, where the couple last lived together, or where the wife lives if she is the petitioner. The Special Marriage Act has a similar provision. In Delhi, the family court of the relevant district hears the case.
Two broad routes
| Mutual consent | Contested | |
|---|---|---|
| Requirement | Both agree; living separately for at least one year | A legal ground such as cruelty, desertion or adultery |
| Motions | First and second motion, usually six months apart (waivable in some cases) | Petition, reply, evidence, arguments |
| Duration | Months | Often years |
| Details | Mutual consent procedure | Contested procedure |
Mediation
Delhi family courts routinely refer couples to mediation or counselling. Many contested matters settle there, and a settlement can then be converted into mutual consent divorce.
Connected issues
Maintenance, custody, stridhan and property are often decided alongside or in separate proceedings. See maintenance, child custody and stridhan.
Related pages
Frequently Asked Questions
How long does divorce take in Delhi?
Can I file in Delhi if we married elsewhere?
Is personal appearance needed?
Disclaimer: This page gives general information about the law and procedure as understood at the time of writing. It is not legal advice for your situation. Requirements may vary depending on the parties' circumstances, applicable law, jurisdiction and the concerned authority, and rules and forms change from time to time. Please consult an advocate before acting.