Divorce Lawyer at Tis Hazari Court

How a divorce case proceeds at Tis Hazari

Every divorce petition — whether by mutual consent or contested — is filed before the Family Court at the Tis Hazari Courts Complex, which has dedicated benches for matrimonial matters. The first step is determining which track applies: if both spouses agree to separate and have settled the associated issues, a mutual consent petition under Section 13B of the Hindu Marriage Act is filed jointly. If one spouse wants a divorce and the other does not agree, or agreement on terms hasn’t been reached, the petition proceeds as a contested matter under Section 13, on one or more of the statutory grounds.

Mutual consent divorce: the two-motion process

A mutual consent petition is filed jointly, following which the court records both spouses’ statements at what is called the first motion. The Hindu Marriage Act then provides for a cooling-off period before the second motion, intended to give both parties a final opportunity to reconsider. The Supreme Court’s decision in Amardeep Singh v. Harveen Kaur (2017) clarified that this period is directory, not mandatory, and can be waived where the marriage has genuinely broken down beyond repair and all connected issues — maintenance, custody, and property — have been resolved between the parties. Whether a waiver application is appropriate, and whether the court is likely to grant it, depends heavily on how complete and clear the settlement terms are.

Contested divorce: grounds and process

A contested petition must be based on one of the specific grounds recognised under Section 13 of the Hindu Marriage Act — cruelty, desertion for a continuous statutory period, adultery, conversion to another religion, incurable mental disorder of a kind that makes cohabitation unreasonable to expect, virulent and incurable communicable disease, or renunciation of the world by entering a religious order. Each ground has its own evidentiary threshold, and what qualifies — particularly for cruelty, the ground most commonly relied on — depends heavily on the specific facts and conduct alleged, not on a fixed checklist. A contested case moves through written pleadings, framing of issues, evidence (including cross-examination), and final arguments before judgment, and typically takes considerably longer than an uncontested mutual consent petition.

Maintenance: interim and final

Maintenance can be sought at multiple stages and under more than one provision. Section 24 of the Hindu Marriage Act allows either spouse to seek interim maintenance and litigation costs while the divorce case itself is still pending, so that the weaker-earning spouse isn’t left without support during what can be a lengthy process. Section 25 allows for permanent alimony and maintenance once the case concludes. Separately, Section 144 BNSS (the provision that replaced Section 125 of the old Code of Criminal Procedure) provides an independent maintenance remedy for wives, children, and parents, which can be pursued regardless of the status of a parallel divorce case. The amount awarded depends on both spouses’ income, standard of living during the marriage, and reasonable needs — there’s no fixed formula, though courts do look to precedent for what has been considered reasonable in comparable circumstances.

Child custody and visitation

Custody disputes are decided on the touchstone of the child’s welfare, not as an entitlement flowing automatically to either parent. Courts weigh the child’s age, their existing relationship with each parent, the stability each parent can offer, and, particularly for older children, the child’s own stated preference. It’s common for courts to direct interim custody and a visitation schedule while the main case is pending, and for these arrangements to be revisited as the case progresses or circumstances change.

Settlement, mediation, and property issues

The Tis Hazari Mediation Centre is frequently used, either on the court’s own direction or at either party’s request, as a structured setting to work toward a settlement covering maintenance, custody, and property together, rather than litigating each issue separately over a longer period. Streedhan — property and gifts that belong to the wife personally — remains hers regardless of how the divorce concludes and is not treated as a marital asset to be divided. Jointly held property or shared accounts are a separate legal question from the divorce petition and are usually resolved either by the parties’ own settlement or, failing that, through separate civil proceedings specific to that property.

Realistic timelines

A mutual consent petition where the cooling-off period is waived and the settlement is complete can conclude in a matter of months. Where the waiver is not sought, is not granted, or the settlement isn’t fully in place, it takes longer. A contested petition, by contrast, realistically runs over a longer period given the need for evidence and cross-examination — how long depends heavily on the complexity of the allegations, the court’s schedule, and whether the parties settle partway through, which is common enough that a contested case can convert into a mutual consent case at almost any stage.

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Manuja Law Partners — Chamber No. B-25, Tis Hazari Courts Complex, Delhi; principal chamber S-307, 3rd Floor, Delhi High Court. Led by Advocate Kanisth Manuja, appearing regularly before the Family Court at Tis Hazari. Call 99115 44811 for a consultation on a divorce, maintenance, or custody matter. This page provides general information about the law as it stands and is not a promise of any particular outcome; every matter turns on its own facts.