Frequently Asked Questions About Divorce in Delhi NCR

A divorce petition is filed before the Family Court that has territorial jurisdiction under Section 19 of the Hindu Marriage Act (or Section 31 of the Special Marriage Act). If both spouses agree, they file a joint petition for mutual consent divorce. If not, one spouse files a petition on a ground recognised by law, such as cruelty or desertion. The petition is supported by an affidavit and documents such as proof of marriage and address.

Under Section 13(1), either spouse may seek divorce on grounds including adultery, cruelty, desertion for at least two years, conversion to another religion, incurable unsoundness of mind or serious mental disorder, venereal disease in communicable form, renunciation of the world, and not being heard of alive for seven years. Section 13(2) gives the wife some additional grounds. Mutual consent under Section 13B is a separate route.

Ordinarily no. Section 14 of the Hindu Marriage Act and Section 29 of the Special Marriage Act bar a divorce petition within one year of marriage, unless the court allows it on the ground of exceptional hardship to the petitioner or exceptional depravity on the part of the respondent.

A petition may be filed 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. In Delhi NCR these places are often in different states (Delhi, Haryana or Uttar Pradesh). If cases are filed in two states, a transfer between them can only be ordered by the Supreme Court.

The second motion can ordinarily be moved only after six months (and within eighteen months) of filing the joint petition, so many cases conclude within about six to eight months of filing, subject to court dates. If the court waives the six-month period, it can be shorter. The time taken to agree on terms before filing varies from case to case.

Yes, at the court’s discretion. Following Amardeep Singh v. Harveen Kaur (2017), the court may waive it where the spouses have been living separately for at least eighteen months, mediation has failed, all issues including alimony and custody are settled, and waiting would only prolong their difficulties.

Consent must continue until the decree. If either spouse withdraws consent before the second motion is decided, the court cannot grant a mutual consent divorce. The other spouse may then consider whether a contested divorce on a legal ground is available.

Not necessarily. “Living separately” means not living together as husband and wife. Courts have accepted that spouses may be living separately even under the same roof. The facts must be stated truthfully in the petition.

Cruelty may be physical or mental. Courts have treated conduct such as sustained humiliation, threats, false and defamatory allegations, and filing of false complaints as capable of amounting to mental cruelty, depending on the facts. Ordinary disagreements in married life are generally not enough. The conduct must be serious enough that the petitioner cannot reasonably be expected to continue living with the other spouse.

If the respondent avoids service or does not appear despite service, the court may order substituted service and, if needed, proceed ex parte. The petitioner must still prove the ground for divorce through evidence.

It is not a statutory ground under the Hindu Marriage Act, so a Family Court cannot grant divorce on that basis alone. The Supreme Court can dissolve a marriage on the ground of irretrievable breakdown under Article 142 of the Constitution, as it explained in Shilpa Sailesh v. Varun Sreenivasan (2023), but that is a discretionary power exercised in suitable cases.

There is no fixed formula. Courts consider the income and assets of both spouses, their reasonable needs, the standard of living during the marriage, the duration of the marriage, earning capacity, and responsibilities towards children. Both parties must file an affidavit disclosing assets and liabilities, as directed by the Supreme Court in Rajnesh v. Neha (2020).

Yes, under Sections 24 and 25 of the Hindu Marriage Act, which are gender-neutral, if he has no sufficient independent income. Maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 125 CrPC) is not available to a husband.

Custody is decided on the welfare of the child, which is the paramount consideration. For children under five, the law ordinarily favours the mother’s custody. Courts also consider the child’s wishes where the child is old enough, the primary caregiver, schooling and stability. The parent without custody is usually given visitation.

Stridhan is property given to a woman before, at or after marriage, such as jewellery, gifts and money. It is her absolute property and she is entitled to its return. It can be claimed in matrimonial proceedings, under the Domestic Violence Act, or through other appropriate remedies.

Yes, if an Indian court has jurisdiction, for example because the marriage was solemnised in India or the respondent lives in India. For mutual consent cases, courts have in suitable cases allowed the spouse abroad to appear by video conferencing. A foreign divorce decree is recognised in India only if it meets the conditions laid down by the Supreme Court in Y. Narasimha Rao v. Y. Venkata Lakshmi (1991).

Under Section 15 of the Hindu Marriage Act, a divorced person may remarry once the time for filing an appeal against the decree has expired without an appeal being filed, or once any appeal has been dismissed. In a mutual consent divorce, parties sometimes state that they will not appeal.

Family Courts are required to make efforts at reconciliation and settlement, and they commonly refer matrimonial disputes to court-annexed mediation. Mediation is voluntary in the sense that no one can be forced to settle, but participating in good faith is expected.