Family & MatrimonialSaket Courts Complex
Best Divorce Lawyer at Saket Court, Delhi
Divorce, maintenance, custody and connected cases before the Family Court at Saket — from a chamber in the Saket Lawyers Block, with the same advocate at every hearing.
In short
A divorce between Hindus is heard at the Family Court at Saket if the marriage was solemnised in South or South East Delhi, the couple last lived together there, the respondent lives there, or — where the wife files — she lives there now, under section 19 of the Hindu Marriage Act. A mutual consent divorce needs one year of separation and two motions normally six months apart, a wait the court can waive where everything is settled. A contested divorce must prove a ground such as cruelty or desertion.
Divorce at Saket Court: which court hears your case
The Family Courts at Saket hear matrimonial cases for South and South East Delhi — divorce, judicial separation, maintenance, custody and the connected applications that come with them. Whether your case belongs here is fixed by law, not preference. Under section 19 of the Hindu Marriage Act, a petition can be filed where the marriage was solemnised, where the couple last lived together, where the respondent lives, or — when the wife is the petitioner — where she is living on the date of filing.
Choosing correctly at the start matters. A petition filed in a court without jurisdiction can be returned, and the time lost is rarely recovered. Where more than one court is available, we weigh which is more practical for you, bearing in mind that the other side may seek a transfer.
Mutual consent divorce at the Saket Family Court
When both spouses agree to part, section 13B offers the quickest route. The couple must have lived separately for at least a year, and they file one joint petition. At the first motion the court records their statements. The second motion is normally made at least six months later and within eighteen months, when both confirm they still consent and the court grants the decree.
The waiting period is not always required. Following Amardeep Singh v Harveen Kaur (2017), the Family Court can waive it where the separation and waiting periods have already run, mediation has failed, and every issue — alimony, custody, belongings, pending cases — is genuinely settled. Consent must continue until the decree; either spouse may withdraw it before then, which is why the settlement terms deserve as much care as the petition.
Contested divorce: grounds and what to expect
When one spouse will not agree, the petitioner must prove a ground under section 13 of the Hindu Marriage Act. Cruelty, including mental cruelty, is the most common. Desertion for a continuous period of two years, adultery, conversion and serious mental disorder are the others most often relied on.
A contested case follows a set path at Saket: filing and service, reference to mediation, interim applications for maintenance or custody, then pleadings, evidence by affidavit, cross-examination and final arguments. It is decided on evidence, so messages, emails, medical records, police complaints and witnesses all matter. We help you gather and organise that material early, and we prepare you for cross-examination.
Maintenance and alimony
Financial support is usually the most contested part of a separation. Interim maintenance under section 24 of the Hindu Marriage Act can be sought as soon as proceedings begin, and permanent alimony under section 25 is fixed at the end or agreed in a settlement. Maintenance is also available under section 144 of the BNSS, the Hindu Adoptions and Maintenance Act and the Domestic Violence Act.
Since Rajnesh v Neha (2020), both spouses must file affidavits disclosing their assets, income and liabilities, and the court compares them. Maintenance is normally payable from the date of the application. We prepare your affidavit with care — an inaccurate one damages credibility for the rest of the case — and we test the other side’s against bank records, tax returns and property papers.
Child custody and visitation
Where there are children, the court’s only question is what serves their welfare. Custody can be decided within the divorce under section 26 of the Hindu Marriage Act, or in separate proceedings under the Guardians and Wards Act. The court weighs the child’s age, schooling, health and emotional ties, and each parent’s circumstances.
We propose practical arrangements — where the child will live, how schooling continues, and when the other parent will have contact — and seek interim custody or visitation while the case runs. Arrangements that keep a child in touch with both parents, where that is safe, are the ones courts are most willing to adopt.
Mediation at Saket
Most matrimonial cases at Saket pass through mediation, often at the mediation centre within the complex. It is confidential, and a settlement reached there is recorded before the court. Many couples resolve divorce, alimony, custody and every connected case in a single agreement.
We prepare you before each session, advise on each proposal as it comes, and make sure the final terms are complete: the amount and timing of alimony, the return of stridhan and belongings, custody and visitation, and the withdrawal or quashing of every pending case between the parties.
Domestic violence and connected criminal cases
Separation often brings other proceedings. A woman facing domestic violence can seek protection orders, a right to reside in the shared household, monetary relief and custody orders under the Protection of Women from Domestic Violence Act, 2005, before the Magistrate. Cruelty by a husband or his relatives is an offence under section 85 of the Bharatiya Nyaya Sanhita.
These cases interact with the divorce. A statement made in one can be used in another, and a settlement is only effective if it deals with all of them. We plan the family and criminal proceedings together, and where a settlement is reached, we seek quashing of the criminal case before the Delhi High Court.
NRI and cross-border divorce
When one spouse lives abroad, questions arise about where to file, how to serve papers and whether a foreign decree will be recognised. A divorce granted abroad is valid in India only if it satisfies section 13 of the Code of Civil Procedure, as the Supreme Court explained in Y. Narasimha Rao (1991). In many cases, filing in India — or obtaining a mutual consent divorce here — is the cleaner route. We advise on appearance by video conferencing and on the documents a spouse abroad will need.
What to bring to the first meeting
Bring the marriage certificate, or wedding photographs and the invitation if there is no certificate; address proof for both spouses; any notice, petition or complaint already received; and evidence of income such as salary slips, tax returns and bank statements. If children are involved, bring their school records. A short written account of the marriage and the separation, with dates, lets us advise you properly in the first meeting.
A family matter at Saket Court?
Tell us what has happened. We will confirm the court, the deadlines already running and the next step.
Why instruct this chamber
Acting for you at Saket Court
A chamber inside the complex
Our chamber is in the Lawyers Block at Saket Courts, so we are on hand for early listings, mediation sessions and the short-notice dates that family cases often bring.
The advocate you brief is the advocate who appears
Advocate Kanisth Manuja leads every matter. You will not explain your marriage again to a new face each time the case is listed.
Settlements drafted to close everything
A settlement that leaves a maintenance case, a domestic violence complaint or a criminal case open is not a settlement. We draft terms that end every connected proceeding.
Disclosure handled properly
Maintenance turns on the affidavits of assets and income both sides must now file. We prepare yours carefully and test the other side's against bank records and tax returns.
Children considered first
Where there are children, we build a practical plan for residence, schooling and contact that a Family Court can adopt, rather than a position designed only to win.
Plain advice on cost and time
At the first meeting you hear how strong your position is, what the realistic range of outcomes looks like, and roughly how long the court is likely to take. No advocate can guarantee a result, and we will not pretend to.
Common questions
Family questions — Saket Court
Can my divorce be filed at Saket Court?
Yes, if one of the tests in section 19 of the Hindu Marriage Act points to South or South East Delhi — where the marriage was solemnised, where you last lived together, where the respondent lives, or, if the wife is filing, where she lives now. We confirm the right court from those facts before anything is filed.
How long does a mutual consent divorce take at Saket?
Usually between six and eighteen months from the first motion, because section 13B requires the second motion at least six months after the first and within eighteen months. Where the conditions in Amardeep Singh v Harveen Kaur (2017) are met, the Family Court can waive the waiting period and the divorce can be granted much sooner.
What are the conditions for waiving the six-month waiting period?
The court looks for four things, following Amardeep Singh (2017) — the one-year separation and the six-month period have together already run before the first motion, mediation has failed, the parties have genuinely settled alimony, custody and every other issue, and waiting would only prolong their distress. An application for waiver can be made a week after the first motion.
What must we have lived apart for before filing for mutual consent?
At least one year before the petition is filed. Living apart means not living together as husband and wife; it can include living under the same roof in some circumstances, but that needs care in how the petition is framed.
What are the grounds for a contested divorce?
Under section 13 of the Hindu Marriage Act, the main grounds are cruelty — including mental cruelty — desertion for at least two years, adultery, conversion to another religion, and serious mental disorder. Cruelty is the ground most often pleaded, and it is proved through evidence of conduct rather than a single incident.
How is maintenance decided in a divorce case?
The court compares the income, assets and liabilities of both spouses, the standard of living during the marriage and the needs of any children. Since Rajnesh v Neha (2020), both parties must file a detailed affidavit of disclosure, and maintenance is normally payable from the date the application was filed.
Which law governs maintenance for a wife?
Several routes exist and they can run together — interim maintenance under section 24 and permanent alimony under section 25 of the Hindu Marriage Act, maintenance under section 144 of the BNSS (formerly section 125 of the Code of Criminal Procedure), the Hindu Adoptions and Maintenance Act, and monetary relief under the Domestic Violence Act. The court adjusts one award against another so that there is no double recovery.
Who gets custody of the children?
Custody is decided by the welfare of the child, not by the rights of either parent. The court considers the child's age, schooling, health, emotional ties and each parent's ability to care for them, and usually gives the other parent visitation. Older children may be asked their preference by the judge.
Will the Saket Family Court send us to mediation?
In most matrimonial cases, yes. The Family Court is required to attempt a settlement, and cases are commonly referred to the mediation centre at the Saket complex. Mediation is confidential, and nothing said there can be used as evidence if it fails.
My wife has filed a cruelty complaint. What happens to the divorce?
The criminal case and the divorce run separately, and each needs its own strategy. Cruelty by a husband or his relatives is now an offence under section 85 of the Bharatiya Nyaya Sanhita, which replaced section 498A of the Indian Penal Code. If the couple later settle, the Delhi High Court can quash the case under section 528 BNSS on the basis of the settlement.
Can a spouse living abroad take part without coming to Delhi?
Often, yes. The Supreme Court in Amardeep Singh recognised appearance by video conferencing in mutual consent cases, and many steps can be handled through a representative. A foreign divorce decree, on the other hand, is recognised in India only if it meets section 13 of the Code of Civil Procedure, as explained in Y. Narasimha Rao (1991).
What should I bring to the first meeting?
The marriage certificate or wedding photographs and invitation, both spouses' address proof, any notices or court papers already received, and anything showing income — salary slips, tax returns, bank statements. For custody, bring the children's school records. A short written timeline of the marriage helps us advise faster.
Can a divorce case at Saket be transferred elsewhere?
Yes. A wife who faces real difficulty attending can seek transfer — within Delhi before the District Judge or the High Court, and between states before the Supreme Court. Transfer petitions are usually decided on the relative hardship to each side.
Speak to the chamber
Request a consultation
Describe your matter in a few lines and we will respond with the next step, the court it would be filed in, and what papers to bring.
- Telephone99115 44811
- Emailmanujalawyers@gmail.com
- ChamberChamber S-307, 3rd Floor, Delhi High Court, Pragati Vihar, New Delhi – 110003
- HoursMon–Sat, 9:30 am – 6:30 pm
Please do not send confidential or privileged material through this form. Sending an enquiry does not by itself create an advocate–client relationship.