Last reviewed: 27 September 2026. Laws and procedures change; check current rules before acting.
When a marriage is in trouble, people often rush into the first legal step they hear about. The order in which you act can matter as much as the step itself. This roadmap is general information, not advice for your case.
1. Safety first
If there is violence or a threat of it, call 112. The Domestic Violence Act offers urgent protection and residence orders.
2. Secure documents and belongings
- Marriage certificate, IDs, educational certificates, children's documents and passports.
- A list of stridhan and jewellery, with photographs. See stridhan.
- Bank statements and property papers you have access to.
3. Think about the children
Where the children live now can influence interim custody later. Avoid leaving them behind or removing them abruptly without advice. See child custody.
4. Choose the track
| Goal | Usual route |
|---|---|
| Try to save the marriage | Counselling, mediation, or restitution of conjugal rights |
| Live apart without divorce | Judicial separation, maintenance |
| End the marriage by agreement | Mutual consent divorce with a written settlement |
| End the marriage without agreement | Contested divorce on a legal ground |
| Dowry harassment or cruelty | Complaint under BNS s.85 or the Dowry Prohibition Act; see dowry harassment |
5. Criminal complaints: know what follows
In Delhi, many matrimonial complaints are first referred to the Crime Against Women cell of the Delhi Police for counselling before any FIR. In Arnesh Kumar v. State of Bihar (2014), the Supreme Court restricted automatic arrests in such cases. Once filed, a criminal case cannot simply be withdrawn; settlement usually needs High Court quashing.
6. Keep settlement open
Most matrimonial disputes end in settlement. A good settlement links payments, custody, withdrawal of cases and the divorce decree in one sequence. See family settlement.
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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.