Family and Divorce Law: Divorce, Maintenance, Custody and DV Cases

Which family court do I go to in Delhi, Noida or Ghaziabad?

You file a divorce petition in the family court that covers one of the places the law allows: where the marriage was solemnised, where the respondent lives, where the two of you last lived together, or, if the wife is filing, where she lives now. That last option, added to section 19 of the Hindu Marriage Act in 2003, is why many wives file in their parents' city rather than the husband's.

In Delhi, family courts sit inside the district court complexes at Saket, Tis Hazari, Karkardooma, Rohini, Dwarka, Patiala House and Rouse Avenue, each serving particular police districts. In Noida, the family court is part of the Gautam Buddh Nagar district court at Surajpur. In Ghaziabad, it sits in the Ghaziabad district court complex. A couple living in Vaishali whose marriage was solemnised in Rohini can have a choice of forum, and that choice affects travel, listing patterns and how quickly the next date comes.

Maintenance under section 144 of the BNSS can be filed where either spouse lives or where they last lived together, and a Domestic Violence Act application can be filed where the woman lives or works, where the respondent lives, or where the cause of action arose. So the wife's home court is usually available for her claims. The husband's options are narrower, which is one reason a husband who wants a divorce sometimes finds himself defending three cases in a city he does not live in.

Which law governs your marriage and divorce?

The grounds and waiting periods depend on the personal law that applies. This is a simplified map; the details of each statute matter in a real case.

If your marriage was registered under the Special Marriage Act, that Act governs the divorce even if both of you are Hindu. If it was a temple or religious ceremony that was later registered under state rules, the personal law still applies, because registration only records the marriage.

How does mutual consent divorce work, and how long does it take?

Mutual consent divorce under section 13B of the Hindu Marriage Act takes two court appearances. You file a joint petition after living separately for at least a year, both of you appear for the first motion and your statements are recorded, and after six months (and within eighteen) you return for the second motion and the decree. In practice, from the joint petition to the decree takes roughly six to eight months if nothing goes wrong.

The six-month gap can be waived. In Amardeep Singh v Harveen Kaur (2017), the Supreme Court said the cooling-off period is not mandatory and a family court may waive it where the parties have already been apart for well over a year and a half, mediation has failed, and every issue, including alimony and custody, has been settled. Courts in Delhi NCR do grant waivers, but they look at the facts, not just the request.

Either party can withdraw consent before the second motion. That is the real risk in a mutual divorce, and it is why the settlement terms matter as much as the petition. A careful settlement ties payments to stages: part on signing, part at the first motion, the balance at the second motion, with stridhan returned and pending cases withdrawn in a fixed order. We cover the Delhi procedure step by step on our page on mutual and contested divorce in Delhi.

What are the grounds for contested divorce?

Under section 13 of the Hindu Marriage Act, either spouse can seek divorce on grounds including cruelty, desertion for a continuous period of at least two years, adultery, conversion to another religion, incurable unsoundness of mind, a virulent communicable venereal disease, renunciation of the world, and not being heard of as alive for seven years. A spouse can also seek divorce where there has been no resumption of cohabitation for a year after a decree of judicial separation or restitution of conjugal rights.

A wife has some additional grounds under section 13(2), including where a maintenance order has been passed in her favour and cohabitation has not resumed for a year since. Separately, a marriage can be annulled rather than dissolved: section 11 covers void marriages (for example, where one spouse was already married), and section 12 covers voidable marriages, such as non-consummation due to impotence or consent obtained by fraud.

In real cases, almost every contested petition in Delhi NCR pleads cruelty, often with desertion. The other grounds are rare, either because they are hard to prove or because the facts seldom fit. The common mistake is to plead every ground in the hope that one sticks. It weakens the petition, invites a long written statement, and gives the other side more to cross-examine you on.

What counts as cruelty in a divorce case?

Cruelty means conduct of such a kind that you cannot reasonably be expected to live with your spouse. It can be physical or mental, and courts look at the conduct as a whole rather than one incident. Ordinary quarrels, differences in temperament and the normal friction of married life are not enough; sustained humiliation, threats, refusal to cohabit without reason, and false allegations of a serious kind can be.

Courts have treated some kinds of litigation conduct as cruelty too, for example repeated false criminal complaints or baseless allegations of immorality made in pleadings. That cuts both ways. A spouse who files an exaggerated police complaint may later find it relied on against them in the divorce case, and a spouse who makes wild accusations in a divorce petition may hand the other side a ground of their own.

Proof is what wins or loses a cruelty petition. Advocate B.K. Singh usually starts by asking for a dated list of incidents and the evidence for each: WhatsApp chats, emails, medical records, police complaints, letters, and the names of people who saw what happened. A petition built on twenty well-documented incidents does better than one built on a hundred vague ones.

How a contested divorce moves through the family court

The stages are the same in Delhi, Noida and Ghaziabad, though the time between dates varies from court to court.

1. Petition and filing

   The petition sets out the marriage, the facts and the grounds, with an affidavit and supporting documents. It is filed in the family court with jurisdiction, usually with an application for interim maintenance or custody if needed.

2. Notice and appearance

   The court issues summons to the respondent. If they do not appear despite service, the court can proceed ex parte, but it still needs evidence before passing a decree.

3. Mediation

   Family courts refer almost every matter to mediation at an early stage. If the parties settle, the case can convert into mutual consent divorce; if not, it returns to the court.

4. Written statement and interim applications

   The respondent files a reply and often a counter-claim. Applications for maintenance pendente lite under section 24 and interim custody or visitation are usually decided at this stage.

5. Issues and evidence

   The court frames issues. Evidence is generally given by affidavit, followed by cross-examination in court. This stage takes the longest, often a year or more.

6. Arguments and decree

   After final arguments the court grants or refuses the decree, and decides permanent alimony and custody if those have been claimed. An appeal lies to the High Court under section 19 of the Family Courts Act within 30 days.

A contested divorce in Delhi NCR commonly takes two to five years at the family court level. No honest lawyer can promise a date, because adjournments, the other side's tactics and the court's workload are outside anyone's control.

How much maintenance will the court order?

There is no fixed formula for maintenance in India. The court looks at the income and assets of both spouses, their reasonable needs, the standard of living during the marriage, the needs of the children, and liabilities such as loans and the support of dependent parents. A figure of around a quarter of the husband's net income is often quoted from older judgments, but it is a reference point, not a rule.

Since Rajnesh v Neha (2020), every party in a maintenance case must file an affidavit disclosing their assets, income and expenses in a standard format. Maintenance is usually payable from the date of the application, and where a wife has claimed under more than one law the court adjusts one award against the other rather than letting them stack up. A husband who hides income or shows a sudden drop in salary after the case is filed usually does himself more harm than good, because courts draw inferences from bank statements, lifestyle and past tax returns.

A wife who earns is not automatically disqualified. The question is whether her income is enough to maintain her at the standard she had in the matrimonial home. Children's maintenance is a separate claim and is rarely refused. Interim maintenance under section 144 of the BNSS is meant to be decided quickly, ordinarily within sixty days of notice, though in practice it often takes longer.

Which maintenance route fits your situation?

Who gets custody of the child after divorce?

Custody is decided on one question: what is best for the child. The welfare of the child comes before the wishes of either parent. Under the Hindu Minority and Guardianship Act 1956, custody of a child below five is ordinarily with the mother, and courts apply the Guardians and Wards Act 1890 and section 26 of the Hindu Marriage Act to make and change custody orders. The father remains the natural guardian of a Hindu minor in law, but guardianship and day-to-day custody are different things.

Courts increasingly give one parent physical custody and the other generous visitation, overnight stays and holiday time, and some order shared or joint arrangements where the parents can cooperate. An older child's preference matters; judges often speak to the child in chambers. Schooling, the stability of the home, each parent's working hours and who has actually been caring for the child all carry weight.

The worst thing a parent can do is take the child and disappear, or stop all contact to gain an upper hand. Courts notice, and it often counts against that parent later. If a child has been taken abroad, India is not a party to the Hague Convention on child abduction, so the remedy is usually a habeas corpus petition or a custody case here, combined with proceedings in the other country. That is slow and difficult, which is why preventive steps, such as an order restraining removal of the child from India, matter while the child is still here.

What can a woman do under the Domestic Violence Act?

The Protection of Women from Domestic Violence Act 2005 gives civil remedies, not punishment, to a woman facing physical, sexual, verbal, emotional or economic abuse in a domestic relationship.

For respondents, a DV Act case is not a criminal case, and the first step is a proper reply with documents, not panic. Many DV Act applications are filed alongside a maintenance case and a police complaint, and they are often best dealt with as part of an overall settlement.

Cruelty and dowry cases under BNS sections 85 and 86 (old section 498A)

Cruelty by a husband or his relatives is an offence under sections 85 and 86 of the Bharatiya Nyaya Sanhita 2023, which replaced section 498A of the IPC from 1 July 2024. It covers conduct likely to drive a woman to serious harm and harassment to coerce her or her family to meet dowry demands. It is punishable with up to three years and a fine. Dowry death is a separate, far more serious offence under section 80, and the Dowry Prohibition Act 1961 continues to apply.

In Delhi, a matrimonial complaint often goes first to the Crime Against Women Cell of the district police, which calls both sides for counselling before deciding whether to register an FIR. Under section 173(3) of the BNSS, for offences carrying three to seven years, police may hold a preliminary enquiry of up to fourteen days before registering a case. For the accused, the Supreme Court's guidance in Arnesh Kumar v State of Bihar (2014) means arrest should not be automatic in offences punishable with up to seven years; police are expected to issue a notice of appearance under section 35 of the BNSS instead. Where arrest is feared, our bail lawyer page explains anticipatory bail under section 482.

For the woman, a clear written complaint with dates, names and documents carries far more weight than a long emotional account. For the husband's family, the instinct to file counter-complaints rarely helps. Where the couple later settles, the High Court can quash the FIR under section 528 of the BNSS, and this is one of the most common reasons family cases reach the Delhi High Court. The criminal process as a whole, from FIR to trial, is explained on our criminal law practice page.

Can family disputes be settled through mediation?

Yes, and most are. Every district court complex in Delhi has a mediation centre, and the family courts in Noida and Ghaziabad refer cases to court-annexed mediation as a matter of routine. Mediation is confidential: what is said there cannot be used in court. A trained mediator, often a judicial officer or an advocate, meets the parties together and separately, and the lawyers help draft terms.

A good settlement covers everything at once: alimony, children's maintenance, custody and visitation, return of stridhan and gifts, the matrimonial home, withdrawal of all civil cases and quashing of criminal ones, and an undertaking not to file new cases. The settlement deed is placed before the court and the divorce petition proceeds on mutual consent. Settlements reached at a Lok Adalat become an award that is final and not appealable.

Mediation is not right in every case. Where there is ongoing violence, a serious threat to a child, or one side is plainly using mediation to delay, the court process and protective orders come first. Our page on mediation, conciliation and Lok Adalat explains how these routes work more generally.

NRI marriages: divorce, summons, passports and children

NRI marriages bring three practical problems: getting the other spouse before an Indian court, the status of a divorce granted abroad, and what happens to passports and children. Summons to a spouse abroad can be served through diplomatic channels and, increasingly, by email and messaging with the court's permission. Indian family courts allow appearance by video conferencing in many situations, and a party abroad can act through a power of attorney for filing, though the court will usually want to hear from them directly at key stages such as the mutual consent statements.

A foreign divorce decree is not automatically valid in India. Under section 13 of the Code of Civil Procedure, Indian courts may refuse to recognise a foreign judgment, and the Supreme Court has held that a foreign matrimonial decree is generally recognised only where it was granted on a ground available under the law under which the parties married and where the other spouse submitted to that court's jurisdiction or consented. A husband who obtains a quick divorce abroad without his wife's participation may find it carries little weight in Delhi.

Where a criminal case is pending, the passport authority can impound or refuse a passport under the Passports Act 1967, and a Look Out Circular may be opened against the accused. Our page on Look Out Circular cancellation covers the remedies. The National Commission for Women has an NRI cell that receives complaints from women deserted by NRI husbands. If you are abroad, video consultation and document review by email work well for the early stages; most matters only need you in India for the court appearances that cannot be done remotely.

Stridhan, the matrimonial home and joint property

Stridhan, meaning the jewellery, gifts and property given to a woman before, at or after marriage, belongs to her alone. If the husband or in-laws refuse to return it, she can seek its return through the DV Act (s.19(8)), in a civil suit, or by a criminal complaint of criminal breach of trust under section 316 of the BNS. A list of items with photographs, bills or wedding videos is the single most useful document in such a claim.

The right to live in the shared household is not the same as ownership. A wife may be protected from eviction from the matrimonial home under the DV Act, even if it belongs to her in-laws, but that does not make her an owner. Property bought jointly during the marriage, or bought in one name with the other's money, is a separate question decided under ordinary property law, and it may need a partition or declaration suit. Our civil law practice page explains those suits.

Common mistakes that damage family cases

• Leaving without a record. If you leave the matrimonial home, write down why and keep proof of the date. Desertion and cruelty cases often turn on who left and for what reason.
• Taking the child and cutting off contact. It may feel protective, but courts treat deliberate alienation seriously and it often counts against that parent in the custody decision.
• Hiding income. Bank statements, ITRs, salary slips and lifestyle evidence usually expose it. The Rajnesh v Neha affidavit makes concealment a credibility problem that colours the whole case.
• Exaggerated complaints. Adding every relative to an FIR or making allegations you cannot prove weakens your case and can later be treated as cruelty against you.
• Settling without staged payments. Paying the full amount before the second motion leaves you with no protection if consent is withdrawn.
• Posting about the case online. Social media posts, status updates and messages to mutual friends end up as exhibits. Say nothing in public.
• Ignoring a summons. An ex parte maintenance order or decree is harder to undo than a case defended from the start.

Documents to bring to the first meeting

Bring copies, not originals, unless we ask. If you do not have something, tell us; we will work out how to get it.

Appeals, transfer petitions and the Supreme Court

An appeal against a family court judgment or order (other than an interlocutory one) lies to a Division Bench of the High Court under section 19 of the Family Courts Act 1984, within 30 days. In Delhi that means the Delhi High Court; in Noida and Ghaziabad, the Allahabad High Court. Appeals against maintenance orders under the BNSS go by way of revision. An appeal is not a fresh trial, so the record built in the family court largely decides it.

Where a wife cannot travel to the city where the husband has filed, she can ask for the case to be transferred. Within a state, the district judge or High Court can transfer it; between states, for example from Delhi to Uttar Pradesh, the Supreme Court hears transfer petitions under section 25 of the CPC, and these are among the most common matters on its docket. The Supreme Court can also dissolve a marriage that has irretrievably broken down under Article 142 (Shilpa Sailesh v Varun Sreenivasan, 2023), but that power is exercised by the Supreme Court itself, not by family courts. Our Supreme Court practice page explains how those matters are filed.

When not to go to court, and how we work on family matters

Not every marriage in trouble needs a petition. If you have been separated for a short time and there is a chance of reconciliation, or you simply need maintenance for a child and the other parent is willing to pay, a carefully worded legal notice or a meeting with a mediator may achieve more than a case. Filing first can harden positions. On the other hand, if there is violence, a threat to remove a child, or assets being moved, waiting can cost you, and protective orders should be sought at once.

Family matters usually begin with Advocate Sadhna Singh, who reads the papers, takes the full history and drafts the first pleadings. Advocate B.K. Singh takes the criminal side of a matrimonial dispute, quashing petitions, appeals and Supreme Court transfer petitions, and steps in on strategy where several cases are running at once. Fees are discussed at the first meeting and agreed in writing, stage by stage; court fees and other out-of-pocket costs are separate.

What to do this week if your marriage is breaking down

• Write a dated timeline of the marriage and the main incidents, while you still remember them clearly.
• Back up chats, emails and photos to a place your spouse cannot reach.
• Make a list of jewellery, gifts and documents still in the matrimonial home.
• Collect your own income records and whatever you know of your spouse's.
• Do not sign any settlement, affidavit or blank paper before taking advice.
• If there is violence, call 112, get a medical examination and keep the record.
• If you have been served with a petition or FIR, note the next date and get advice before it.
• Send us a short note through the online enquiry form with the city, the stage and the next date.