What is divorce?
Which law applies depends on how you married. Hindus, Sikhs, Jains and Buddhists are generally governed by the Hindu Marriage Act, 1955; marriages under the Special Marriage Act by that Act; and other communities by their personal laws, such as the Dissolution of Muslim Marriages Act, 1939 or the Divorce Act, 1869.
In Delhi, divorce petitions are filed before the family courts located in the district court complexes. The court with jurisdiction is usually where the marriage was solemnised, where the respondent lives, where the parties last lived together, or in some cases where the wife lives.
Who may need this service
- Spouses who agree to separate
- Spouses whose partner does not agree to divorce
- Spouses who need interim maintenance or custody while a case is pending
Legal framework
Mutual consent: section 13B of the Hindu Marriage Act and section 28 of the Special Marriage Act. Contested divorce: section 13 of the Hindu Marriage Act and section 27 of the Special Marriage Act.
Section 14 of the Hindu Marriage Act restricts filing a divorce petition within one year of marriage, except in cases of exceptional hardship or depravity, with the court's leave.
Documents generally required
- Marriage certificate or proof of marriage
- Wedding photographs
- Address proof of both spouses
- Proof of separation (for mutual consent)
- Income and asset details (for maintenance and alimony)
- Any evidence supporting the ground (for contested divorce)
Document requirements may vary depending on the applicable legal route, individual circumstances and the concerned authority.
Procedure
- Consultation. Understand whether mutual or contested divorce fits.
- Settlement or grounds. Agree terms or identify the legal ground and evidence.
- Petition. Draft and file before the family court.
- Mediation and hearings. Courts often refer parties to mediation.
- Decree. The court passes a decree of divorce.
Common problems we see
- Disagreement on alimony, custody or stridhan
- A spouse living abroad
- Parallel criminal or domestic violence cases
How an advocate can help
- Advise on the right route
- Draft petitions and settlement terms
- Represent you before the family court
Delhi courts and NCR
In Delhi, family courts sit in the district court complexes. We assist in matters at Tis Hazari Courts, Saket Courts, Patiala House Courts, Karkardooma Courts, Rohini Courts, Dwarka Courts, and in NCR at the district courts of Noida, Greater Noida, Ghaziabad, Gurugram, Faridabad. The correct court depends on jurisdiction rules for your case.
Related services
Legal guides
Frequently Asked Questions
What is the fastest way to get divorced?
Can I file for divorce within one year of marriage?
Do I need to go to court for every hearing?
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.