Matrimonial matters handled
- Divorce by mutual consent and contested divorce under the Hindu Marriage Act, 1955, the Special Marriage Act, 1954 and other applicable personal laws.
- Judicial separation and restitution of conjugal rights.
- Maintenance and alimony: interim maintenance and permanent alimony, and maintenance applications under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 125 CrPC).
- Child custody, guardianship and visitation.
- Domestic violence proceedings under the Protection of Women from Domestic Violence Act, 2005, and protection, residence and monetary relief.
- Matrimonial criminal matters including cruelty and dowry-related complaints (Section 85 of the Bharatiya Nyaya Sanhita, formerly Section 498A IPC), whether for the complainant or the accused.
- Recovery of streedhan and settlement documentation.
Grounds for divorce under the Hindu Marriage Act
Section 13 of the Hindu Marriage Act permits a petition on grounds that include cruelty, adultery, desertion for at least two years, conversion, unsoundness of mind, certain communicable diseases, renunciation of the world and presumption of death. Which ground applies, and what evidence is needed, depends on the facts of each case.
Divorce by mutual consent
Under Section 13B, spouses who have lived separately for a year or more and who have mutually agreed that the marriage should be dissolved may file a joint petition. The court records statements in a first motion and, after the statutory interval, a second motion. The six-month interval can be waived by the court in appropriate cases, following the Supreme Court’s decision in Amardeep Singh v. Harveen Kaur (2017). A settlement covering maintenance, streedhan, custody and property is usually recorded in writing before the petition is filed.
Contested divorce
A contested divorce begins with a petition, followed by notice and a written statement from the other spouse, framing of issues, evidence and final arguments. Courts often refer parties to mediation at an early stage. Interim applications for maintenance (Section 24 of the Hindu Marriage Act) and custody can be filed while the main case is pending.
Where Delhi matrimonial cases are heard
Family courts in Delhi sit at the district court complexes – Tis Hazari, Patiala House, Saket, Dwarka, Rohini and Karkardooma. The appropriate court depends on where the marriage took place, where the spouses last lived together, where the respondent lives and, in some cases, where the wife lives. Appeals and certain petitions go to the Delhi High Court. Himani practises before the Tis Hazari Courts and Patiala House Courts.
Child custody
In custody and guardianship matters the court’s guiding principle is the welfare of the child. Orders can cover interim custody, visitation, and arrangements during holidays. Both parents’ circumstances, the child’s age and wishes (where appropriate) and stability of environment are considered.
Documents worth keeping ready
- Marriage certificate and photographs; addresses of both spouses.
- Identity and address proof; income and employment details (for maintenance).
- Children’s birth certificates and school details.
- Relevant messages, emails, medical or police records, if any.
- Details of property, jewellery and gifts exchanged.
General information only; it is not legal advice. Outcomes and timelines depend on the facts of each case and the court’s schedule.