Divorce Lawyer in Delhi

SRLM Law Associates handles divorce and separation matters before the Family Courts in Delhi, including Rohini, and the Delhi High Court. We advise on mutual consent and contested divorce, interim and permanent maintenance, alimony, domestic violence proceedings and related criminal complaints — with discretion and a focus on practical settlement where possible. A divorce lawyer in Delhi can help you settle terms fairly, protect your children’s interests and avoid years of parallel litigation.

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Key takeaways

Hindu marriages are dissolved under the Hindu Marriage Act, 1955; inter-faith and registered civil marriages under the Special Marriage Act, 1954.
Mutual consent divorce under Section 13B HMA requires one year of separation; the six-month waiting period can be waived by the court in suitable cases.
Maintenance can be claimed under Section 24 HMA, Section 144 BNSS (old S. 125 CrPC) and the Protection of Women from Domestic Violence Act, 2005.
Both parties must file affidavits disclosing income and assets in maintenance cases, as directed by the Supreme Court in Rajnesh v. Neha (2020).

Matrimonial matters we handle

Mutual consent divorce — drafting the settlement terms and petition under Section 13B HMA or Section 28 SMA.
Contested divorce — petitions on grounds such as cruelty and desertion under Section 13 HMA.
Maintenance and alimony — interim maintenance, permanent alimony and enforcement of orders.
Domestic violence — applications and defence under the PWDV Act, 2005.
Restitution of conjugal rights and judicial separation — under Sections 9 and 10 HMA.
Related criminal matters — complaints under Section 85 BNS (old S. 498A IPC), bail and quashing on settlement.
Child custody and visitation — see our child custody practice.

Mutual consent vs contested divorce

	Mutual consent divorce	Contested divorce
Law	Section 13B HMA / Section 28 SMA	Section 13 HMA / Section 27 SMA
Basic requirement	Separation for at least one year and agreement on all terms	Proof of a legal ground such as cruelty or desertion
Waiting period	Six months between first and second motion (can be waived)	No waiting period, but full trial
Typical duration	Often six to eighteen months	Often several years
Settlement terms	Alimony, custody and property agreed in writing	Decided by the court on evidence

Mutual consent divorce: the process

Settlement — both parties agree on alimony, return of articles, child custody and withdrawal of pending cases.
First motion — joint petition filed in the Family Court; statements recorded.
Cooling-off period — six months, which may be waived as held in Amardeep Singh v. Harveen Kaur (2017).
Second motion — both parties confirm consent, within eighteen months of the first motion.
Decree of divorce — passed by the court.

Mediation centres attached to Delhi courts, including at Rohini, often help couples reach a written settlement that the Family Court can then act on.

Documents usually required

Marriage certificate or wedding invitation and photographs.
Address and identity proof of both parties.
Proof of separation, where relevant.
Income tax returns, salary slips and bank statements for maintenance.
Details of children, and any earlier court orders or FIRs.

Maintenance and alimony: how Delhi courts decide

Maintenance can be claimed in more than one proceeding, but the Supreme Court in Rajnesh v. Neha (2020) held that amounts awarded in one proceeding must be taken into account in the other, to avoid double recovery.

Provision	Type of relief
Section 24 HMA	Interim maintenance and litigation expenses while the case is pending
Section 25 HMA	Permanent alimony at or after the decree
Section 144 BNSS (old S. 125 CrPC)	Monthly maintenance for wife, children and parents
Section 20 PWDV Act	Monetary relief in domestic violence proceedings

Courts consider the income and assets of both spouses, reasonable needs, the standard of living during the marriage, and the needs of children. Full and honest financial disclosure is essential.

Working with a divorce lawyer in Delhi: what to expect

Your matter is reviewed by Advocate Shubham Mehta, who explains the legal position, the realistic options and the likely timeline in plain language before any step is taken. Choosing a divorce lawyer in Delhi who practises regularly before the court that will hear your case helps you understand how that court approaches similar matters.

A clear explanation of your legal position and recommended next steps.
Drafts shared with you for review before anything is filed.
Hearing dates, updates and copies of orders communicated promptly.
Confidential handling of your documents and information.

Legal fees and costs

Fees depend on the nature and stage of the matter, the court or forum, the volume of documents and the number of hearings expected. The fee structure is explained in writing at the start of the engagement. Apart from professional fees, matrimonial cases involve modest court fees, charges for certified copies, mediation (usually free at court-annexed centres), and costs of obtaining records such as income and property documents.

Areas we serve in Delhi

Our chamber inside the Rohini Court complex and our office at Kayan Vihar are convenient for clients in Rohini, Pitampura, Shalimar Bagh, Ashok Vihar, Prashant Vihar, Model Town, Paschim Vihar, Narela, Bawana and nearby areas of North and North-West Delhi. We also act for clients from across Delhi NCR and, by phone or video consultation, for clients outside Delhi who need a divorce lawyer in Delhi.

Useful official resources

India Code — official texts of central Acts, including the BNS, BNSS and BSA
Delhi State Legal Services Authority — mediation and free legal aid
eCourts Services — case status and orders of Delhi District Courts

Frequently asked questions

How long does a mutual consent divorce take in Delhi?

Typically six to eighteen months from the first motion, because of the six-month waiting period between the first and second motions. Where the court waives the waiting period, the divorce can be granted sooner. Pending disputes about alimony or custody can delay the process.

Can the six-month waiting period be waived?

Yes. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the period under Section 13B(2) is not mandatory. The Family Court can waive it if the parties have been separated for over eighteen months, mediation has failed and all issues are settled.

What are the grounds for contested divorce?

Under Section 13 of the Hindu Marriage Act, grounds include cruelty, desertion for two years, adultery, conversion to another religion, and certain forms of mental disorder, among others. The spouse seeking divorce must prove the ground with evidence before the Family Court.

How is maintenance decided?

Courts consider the income, assets and liabilities of both spouses, their standard of living, and the needs of dependent children. Following Rajnesh v. Neha (2020), both parties file affidavits disclosing their finances. Maintenance can be claimed under the HMA, Section 144 BNSS and the PWDV Act.

Can an NRI spouse get a divorce in Delhi?

Yes. If the marriage was solemnised in Delhi or the parties last resided together there, the Delhi Family Court may have jurisdiction. NRI parties can often appear through video conferencing for parts of the process, subject to the court’s permission.

How soon after marriage can a divorce petition be filed?

Under Section 14 of the Hindu Marriage Act, a divorce petition generally cannot be filed within one year of marriage, unless the court permits it on grounds of exceptional hardship or exceptional depravity. A mutual consent petition also requires one year of separation.

Can I get a divorce if my spouse does not agree?

Yes, by filing a contested divorce petition on a ground recognised by law, such as cruelty or desertion, and proving it with evidence. Family Courts cannot grant divorce solely because a marriage has broken down; that power has been exercised only by the Supreme Court under Article 142.

Specialised services

Related practice areas

Legal guides: What to do after getting an FIR in Delhi · How to file a civil suit in Delhi District Courts · All legal guides

Advocate Shubham Mehta, divorce lawyer in Delhi, SRLM Law Associates

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 (Bar Council of Delhi, Enrl. No. D/6398/2021) and the SRLM Law Associates team can be reached at +91 99997 91419 or srlmlawassociates@gmail.com. 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.