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Family courts in Delhi hear divorce, maintenance, child custody and other matrimonial cases under the Family Courts Act, 1984. They sit in the district court complexes at Tis Hazari, Karkardooma, Rohini, Saket, Dwarka and Patiala House. Which court you approach depends on where the marriage took place, where the couple last lived together, or where the respondent or wife lives.
Key takeaways
- Family courts deal with divorce, maintenance, custody, guardianship and disputes over a couple’s property.
- Each Delhi judicial district has its own family courts, housed in one of six court complexes.
- The court must first try to settle the dispute through counselling or mediation (Section 9, Family Courts Act).
- Hearings can be held in camera (in private) if either party wants.
- Appeals go to the Delhi High Court within 30 days (Section 19, Family Courts Act).
In this guide
What cases do family courts in Delhi hear?
Section 7 of the Family Courts Act, 1984 gives family courts exclusive jurisdiction over the following matters:
- Divorce, judicial separation, restitution of conjugal rights and nullity of marriage.
- A declaration on whether a marriage is valid, or on a person’s marital status.
- Disputes over property between spouses.
- Injunctions arising out of the marriage.
- Declarations about a child’s legitimacy.
- Maintenance, including under Section 144 BNSS (old Section 125 CrPC).
- Guardianship and custody of, or access to, a minor child.
Domestic Violence Act cases are usually filed before the Metropolitan Magistrate, not the family court. Relief under that Act can also be sought within a pending family court case under Section 26 of the DV Act.
Family court locations in Delhi
| Court complex | Districts |
|---|---|
| Tis Hazari Courts | Central, West |
| Karkardooma Courts | East, North East, Shahdara |
| Rohini Courts | North, North West |
| Saket Courts | South, South East |
| Dwarka Courts | South West |
| Patiala House Courts | New Delhi |
The district is decided by the police station area of the relevant address. If you are unsure, check which district your local police station falls under. For Rohini specifically, see our Rohini Court Delhi guide.
Which family court in Delhi should you file in?
| Case | Where you can file | Law |
|---|---|---|
| Divorce, RCR, judicial separation (Hindus) | Where the marriage was solemnised, where the respondent lives, where the couple last lived together, or where the wife lives if she is the petitioner | S. 19, Hindu Marriage Act |
| Maintenance | Where the respondent is, where he or the wife resides, or where he last lived with the wife | S. 145, BNSS (old S. 126 CrPC) |
| Child custody / guardianship | Where the child ordinarily lives | S. 9, Guardians and Wards Act |
| Civil / inter-faith marriages | Similar options as above | S. 31, Special Marriage Act |
How a case proceeds in family courts in Delhi
- Filing. The petition, affidavit, documents and vakalatnama are filed in the family court of the correct district, physically or through e-filing.
- Scrutiny and first hearing. The court checks the papers and issues notice to the other side.
- Service of summons. The respondent is served by post, process server or electronic means.
- Counselling and mediation. The court refers the parties to the family court counsellor or the court-annexed mediation centre. Many cases settle here.
- Reply and interim applications. The respondent files a written statement. Either side may seek interim maintenance (Section 24 HMA) or interim custody and visitation.
- Disclosure of assets. In maintenance matters, both sides file affidavits of assets and liabilities as directed in Rajnesh v. Neha (2020).
- Evidence. Evidence is usually given by affidavit, followed by cross-examination.
- Arguments and judgment. The court hears final arguments and passes a decree or order.
Mutual consent divorce under Section 13B HMA follows a shorter path: two motions, with the six-month waiting period that can be waived in suitable cases under Amardeep Singh v. Harveen Kaur (2017). See our guide on mutual consent divorce in Delhi.
Documents to carry
| Document | Why |
|---|---|
| Marriage certificate or wedding photos and invitation card | Proof of marriage |
| ID and address proof of both parties | Identity and jurisdiction |
| Children’s birth certificates and school records | Custody and maintenance |
| Salary slips, ITRs, bank statements | Income for maintenance |
| Messages, emails, medical records, police complaints | Proof of cruelty, desertion or other grounds |
| Passport-size photographs | Affidavits and court records |
Special rules that apply in family courts
- Settlement first (S. 9): the court has a duty to attempt reconciliation or settlement.
- In-camera hearings (S. 11): proceedings can be held in private if the court or either party wishes.
- Lawyers (S. 13): a party has no automatic right to be represented by a lawyer, but the court can allow it. In Delhi, advocates routinely appear with the court’s leave.
- Flexible evidence (S. 14 and S. 15): the court can accept reports, statements and documents that would not strictly be admissible elsewhere, and need not record evidence in full.
- Virtual hearings: Delhi family courts allow video-conference hearings in suitable cases, which helps parties living abroad. See our NRI legal services page.
Appeals from family court orders
An appeal from a judgment or order of a family court lies to the Delhi High Court under Section 19 of the Family Courts Act. It must be filed within 30 days. No appeal lies from a decree passed with the consent of the parties. Interlocutory orders are generally not appealable. Read more on filing a case in the Delhi High Court.
Practical tips from Delhi family courts
- Arrive early; family court lists are long and matters are called out of turn when parties are absent.
- Bring originals on evidence dates, with photocopies for the other side.
- Take mediation seriously. Settlements reached there can cover divorce, maintenance, custody and withdrawal of criminal cases in one go.
- Keep your asset affidavit accurate. Courts in Delhi take a strict view of concealed income.
- Bring the child when the court directs for custody or visitation matters.
How a lawyer can help
A divorce lawyer in Delhi can pick the right family court, prepare the petition and asset affidavit, and represent you through mediation and trial. For custody disputes, see our child custody lawyer page. For advice specific to your situation, you may consult a qualified advocate.
Frequently asked questions
How many family courts are there in Delhi?
Delhi’s family courts sit in six district court complexes: Tis Hazari, Karkardooma, Rohini, Saket, Dwarka and Patiala House. Each judicial district has one or more family courts headed by a Principal Judge or Judge, Family Court. The number of courtrooms changes as new courts are notified.
Which family court should I file my divorce case in?
Under Section 19 of the Hindu Marriage Act, you can file where the marriage took place, where the respondent lives, where you last lived together, or where the wife lives if she is the petitioner. Find the police station area of that address to identify the correct Delhi district family court.
Can I appear in a Delhi family court without a lawyer?
Yes. Under Section 13 of the Family Courts Act, parties can present their own case, and lawyers appear only with the court’s permission. In practice, Delhi family courts usually allow advocates. Drafting petitions, asset affidavits and cross-examination are where legal help matters most.
Are family court hearings in Delhi private?
They can be. Section 11 of the Family Courts Act allows proceedings to be held in camera if the court wishes or either party asks. Counselling and mediation sessions are always confidential, and what is said there is generally not used as evidence in the case.
How long does a family court case take in Delhi?
Mutual consent divorce can end in a few weeks if the six-month period is waived, or about six to eighteen months otherwise. Contested divorce, custody or maintenance cases commonly take two to five years, depending on settlement attempts, evidence and the court’s workload.
How do I appeal a family court order in Delhi?
File an appeal before the Delhi High Court under Section 19 of the Family Courts Act within 30 days of the judgment or order. No appeal lies from a consent decree. Maintenance orders under Section 144 BNSS are challenged by a criminal revision petition in the High Court.
Conclusion
Family courts in Delhi are built to settle matrimonial disputes quickly and privately, with mediation at the centre. Filing in the right district, disclosing assets honestly and preparing documents early make the biggest difference to how fast your case moves.
This guide was prepared with reference to the Family Courts Act, 1984, the Hindu Marriage Act, 1955 and Sections 144 and 145 BNSS, available on India Code. Court locations and practice can change; check with the court concerned before filing.
Related guides and services
- Divorce Lawyer in Delhi
- Mutual Divorce Lawyer in Delhi
- Child Custody Lawyer in Delhi
- Divorce process in Delhi
- Restitution of conjugal rights in Delhi
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
Speak to SRLM Law Associates
For advice specific to your situation, you may consult a qualified advocate. Advocate Shubham Mehta and the SRLM Law Associates team can be reached at +91 92052 74745 or [email protected]. Chamber: 1310, Lawyer’s Chamber Block, Rohini Courts, Delhi – 110085. Office: 250, Kayan Vihar, Delhi – 110033. Open daily, 9 am – 9 pm. See our Google reviews and directions.
This article is for general information only and is not legal advice.
