Divorce Process in Delhi: Steps, Courts and Timelines Explained

By Advocate Shubham Mehta, SRLM Law Associates | Last updated: 28 September 2026

The divorce process in Delhi depends on whether both spouses agree. A mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955 usually takes six to eighteen months. A contested divorce under Section 13 is decided on evidence and can take several years. Both are filed before the Family Court with territorial jurisdiction over the case.

This guide explains each step, the documents needed, realistic timelines and the issues that usually decide how long a case takes in Delhi’s family courts.

Which Law Applies to Your Divorce?

The law depends on the religion of the parties and how the marriage was registered.

Most couples in Delhi file under the Hindu Marriage Act or the Special Marriage Act, so this guide focuses on those.

Where to File: Family Courts in Delhi

Under Section 19 of the Hindu Marriage Act, a petition can be filed where:

• the marriage was solemnised;
• the respondent lives at the time of filing;
• the parties last lived together; or
• the wife lives, if she is the petitioner.

Delhi has Family Courts in each district court complex, including Rohini, Tis Hazari, Karkardooma, Saket, Dwarka and Patiala House.

Mutual Consent Divorce Process in Delhi

Mutual divorce is the faster and less expensive route. It works when both spouses agree to separate and have settled the key terms.

Conditions for mutual divorce

• The spouses have lived separately for at least one year before filing.
• They have not been able to live together.
• Both freely agree that the marriage should be dissolved.

“Living separately” does not always mean different homes. Courts look at whether the parties have stopped living as husband and wife.

Step-by-step procedure

1. Settlement. Agree on permanent alimony, return of stridhan, child custody and visitation, and withdrawal of pending cases. Put it in a written settlement deed.
2. Joint petition. Both spouses sign a joint petition under Section 13B(1) with supporting affidavits.
3. First motion. Both appear before the Family Court. The judge records statements and may refer the couple to counselling or mediation.
4. Cooling-off period. The law provides a gap of six months before the second motion, and the petition must be pursued within 18 months.
5. Second motion. Both appear again and confirm consent. If satisfied, the court passes the divorce decree.

Can the six-month period be waived?

Yes. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the six-month period is directory, not mandatory. A Family Court may waive it where the parties have been separated for over 18 months (including the one-year separation), settlement is complete and there is no chance of reconciliation. Delhi Family Courts regularly decide waiver applications at the first motion stage when these conditions are met.

In Shilpa Sailesh v. Varun Sreenivasan (2023), a Constitution Bench held that the Supreme Court can grant divorce under Article 142 where a marriage has irretrievably broken down. This power belongs to the Supreme Court, not to Family Courts.

Contested Divorce Process in Delhi

A contested divorce is filed by one spouse when the other does not agree. Our detailed guide on contested divorce in Delhi explains each stage, the evidence courts expect and realistic timelines.

Grounds under Section 13

• Cruelty (physical or mental)
• Desertion for a continuous period of two years
• Adultery
• Conversion to another religion
• Serious mental disorder
• Renunciation of the world
• Not heard of as alive for seven years

Cruelty and desertion are the grounds most commonly pleaded in Delhi. Section 14 bars filing within one year of marriage unless the court grants leave in cases of exceptional hardship.

Stages of a contested case

1. Filing of the petition with an affidavit and supporting documents.
2. Summons to the respondent spouse.
3. Referral to mediation at the court’s mediation centre.
4. Written statement by the respondent.
5. Framing of issues by the court.
6. Evidence of both sides, including cross-examination.
7. Final arguments and judgment.

If the case settles midway, the parties can convert it into a mutual consent petition. Many contested cases in Delhi end this way.

Documents Required

How Long Does Divorce Take in Delhi?

Timelines depend on court workload, how quickly the respondent is served and whether connected cases are pending.

Maintenance, Alimony and Custody

Financial and child-related issues often take longer than the divorce itself.

• Interim maintenance can be claimed during the case under Section 24 of the Hindu Marriage Act.
• Maintenance can also be claimed under Section 144 of the BNSS (old Section 125 CrPC) and under the Protection of Women from Domestic Violence Act, 2005.
• In Rajnesh v. Neha (2020), the Supreme Court made it mandatory for both parties to file an affidavit of assets and liabilities in maintenance cases.
• Permanent alimony is fixed at the time of the decree under Section 25.
• Custody is decided on the welfare of the child. The Guardians and Wards Act, 1890 and Section 26 of the Hindu Marriage Act apply.

For custody disputes, see our page on child custody lawyer in Delhi.

Common Mistakes to Avoid

• Signing a settlement without listing every pending case to be withdrawn.
• Leaving stridhan and jewellery out of the written terms.
• Missing the 18-month window for the second motion.
• Making allegations in a contested petition that cannot be proved.
• Ignoring interim maintenance orders, which can lead to recovery proceedings.

How a Lawyer Helps

A divorce lawyer in Delhi drafts the petition and settlement, advises on the right court and law, and prepares the waiver application where the facts support it. In contested matters, counsel handles evidence and cross-examination. For agreed separations, see our page on mutual divorce. Where there are allegations of cruelty or dowry, related cases under Section 498A or the Domestic Violence Act often run in parallel and need a joint strategy.

Frequently Asked Questions

What is the fastest way to get divorce in Delhi?

Mutual consent divorce under Section 13B is the fastest route. If both spouses have lived apart for over 18 months and settled all issues, they can ask the Family Court to waive the six-month cooling-off period. The decree can then be passed within weeks of filing, subject to the court’s satisfaction.

Can I file for divorce in Delhi if my marriage took place in another state?

Yes. You can file in Delhi if the respondent lives in Delhi, if you last lived together in Delhi, or if the wife is the petitioner and lives in Delhi. The place of marriage is only one of the options under Section 19 of the Hindu Marriage Act.

Is it compulsory to live separately for one year for mutual divorce?

Yes. Section 13B(1) requires that the spouses have lived separately for at least one year before filing. Separate living means they are no longer living as husband and wife. It can apply even if they stayed under the same roof, but this must be shown clearly.

Do both spouses need to appear in court?

For mutual divorce, both spouses normally appear at the first and second motion. Delhi courts may allow appearance through video conferencing for a spouse living abroad, on application. In contested cases, the petitioner must appear for evidence and the respondent must attend when required.

How much alimony is paid in a divorce in Delhi?

There is no fixed formula. Courts consider the income and assets of both spouses, their standard of living, the length of the marriage and the needs of children. Both parties must file an affidavit of assets and liabilities, following the Supreme Court’s guidelines in Rajnesh v. Neha (2020).

Can a contested divorce be converted to mutual divorce?

Yes. If the spouses settle during a contested case, they can file a joint petition under Section 13B or ask the court to treat the matter as a mutual consent case. The court may also refer them to mediation to reach a settlement.

Conclusion

The divorce process in Delhi is simplest when both spouses agree and settle everything in writing. Contested cases take longer and depend heavily on evidence.

Related guides and services

• Divorce Lawyer in Delhi
• Mutual Divorce Lawyer in Delhi
• Child Custody Lawyer in Delhi
• Domestic Violence Lawyer in Delhi
• 498A Lawyer in Delhi
• Maintenance under Section 144 BNSS

Written and reviewed by Advocate Shubham Mehta
Advocate, Bar Council of Delhi (Enrl. No. D/6398/2021), and head of SRLM Law Associates. He practises before Rohini Courts, other Delhi District Courts, Family Courts, consumer commissions and the Delhi High Court. More about the firm

This article is for general information only and is not legal advice.