Divorce Law
Divorce Lawyers in Delhi NCR
Deciding to end a marriage is one of the most difficult choices a person can make. Divorce is the legal process through which a court formally dissolves a marriage, so that both partners are free to move on with their lives. Along with ending the marriage itself, a divorce usually settles related questions such as alimony, child custody, and the division of shared property and belongings. In India, there are two main routes: divorce by mutual consent, where both partners agree, and contested divorce, where one partner asks the court to end the marriage on legal grounds.
What Laws Govern Divorce in India?
The Hindu Marriage Act, 1955 governs divorce for Hindus, Sikhs, Jains and Buddhists. The Special Marriage Act, 1954 applies to inter-faith couples and anyone who married under it, including court marriages. Christians are covered by the Indian Divorce Act, 1869, Parsis by the Parsi Marriage and Divorce Act, 1936, and Muslims by their personal law and the Dissolution of Muslim Marriages Act, 1939. Marriages solemnised abroad under the Foreign Marriage Act, 1969 are also dealt with under the Special Marriage Act rules. The Family Courts Act, 1984 ensures that divorce cases in Delhi are heard by dedicated family courts, which must first try to help the couple reach a settlement.
Mutual Consent Divorce
Mutual consent divorce is the simplest, quickest and least stressful way to end a marriage. Under Section 13B of the Hindu Marriage Act and Section 28 of the Special Marriage Act, a couple can jointly apply for divorce if they have lived separately for at least one year and both agree that the marriage cannot continue. Before filing, both partners settle important issues such as alimony, return of jewellery and belongings, and custody of the children.
The process has two stages, called the first motion and the second motion. Normally there is a six-month waiting period between them, meant as a chance to reconsider. However, courts can waive this waiting period in suitable cases, for example where the couple has already lived apart for a long time and every issue is settled. With careful drafting and preparation, a mutual consent divorce in Delhi can often be completed in a matter of months.
Contested Divorce
A contested divorce is filed by one spouse when the other does not agree to separate, or when the couple cannot agree on the terms. Under Section 13 of the Hindu Marriage Act, the common grounds include cruelty, which covers both physical and mental cruelty, desertion for at least two years, adultery, conversion to another religion, and serious mental disorder. Similar grounds exist under Section 27 of the Special Marriage Act. A wife also has certain additional grounds available only to her.
A contested case involves filing a petition, the other side's reply, evidence, witness statements and final arguments. It takes longer and needs strong preparation, because the person asking for divorce must prove the grounds. Along the way, the court can grant interim maintenance and temporary custody orders, and it will usually refer the couple to mediation to explore a settlement. Many contested cases are eventually converted into mutual consent divorces once terms are agreed.
What Our Lawyers Do
Our lawyers specialise in both mutual consent and contested divorce before the family courts at Saket, Tis Hazari, Rohini, Dwarka, Karkardooma and Patiala House, and in Gurugram and Noida. Our lawyers first identify the correct court, which depends on factors such as where you married, where you last lived together or where your spouse lives.
In mutual consent cases, our lawyers draft watertight settlement terms, prepare both motions and apply for waiver of the waiting period where the law allows. In contested cases, our lawyers gather evidence, draft strong petitions and replies, cross-examine witnesses and argue your case with confidence. We also coordinate related claims for alimony and maintenance and child custody, and defend clients facing connected criminal complaints.
As the Leading Law firm in Delhi NCR regarding divorce, we provide a comprehensive representation that protects your rights, your finances and your children from the first consultation to the final decree. Our lawyers handle every detail with discretion and care, so you can focus on rebuilding your life. If you are looking for a trusted divorce lawyer in Delhi, contact our chambers today for a confidential discussion of your options.