Divorce Procedure in Delhi: Your Rights and Procedure

Divorce in Delhi is regulated by the laws of marriage on a national level and is carried out through local Family Courts. The law has a one-year waiting period following marriage before one can file. There are generally two options: mutual consent divorce (both parties consent) and contested divorce (one party disagrees). Most avail themselves of divorce lawyers in Delhi to learn about their rights.

Mutual Consent Divorce

A mutual consent divorce is generally simpler. It is applied when the couple agrees to terminate the marriage and settle crucial issues (like dividing property, spousal maintenance, and child custody) amicably. As per the law, the couple must have been living apart for a year or more prior to filing for a mutual consent divorce. They file the petition jointly in family court and outline their understanding.

Standard procedures include:

First hearing (first motion): Both parties present themselves before the judge and confirm their agreement.

Cooling-off period: Following the first hearing, the law requires a waiting period of 6 months. This waiting period may be waived in some cases.

Second hearing (second motion): Following the waiting period, the couple is back. If nothing changes, the court issues the divorce decree.

Mutual divorces tend to go more quickly and less adversarially. A lawyer for a mutual divorce in Delhi can assist with drafting the petition and agreement of settlement to make it easier.

Contested Divorce

If the spouses cannot agree, a contested divorce is necessary. The filing spouse enumerates a legal ground (like cruelty, desertion or adultery) in the divorce petition. In Delhi, contested petitions are filed in the Family Court where the marriage was solemnised or the spouse resides.

Disputed cases are more intricate and time-consuming. According to the law, the court initially attempts mediation or counselling to reunite the couple. In case of failure, the case is carried forward with formal hearings. Some usual steps involve:

Notice and response: The court sends notice to the other spouse (respondent) to respond.

 

Evidence and witnesses: Both parties submit documents and affidavits to substantiate their claims.

Hearings and judgment: Witnesses can be called to testify, and upon cross-examination, the judge renders a final order.

Contested divorces are those with custody or support issues and may take much longer (typically 2–3 years or more). Even if you look for the "best divorce lawyer in Delhi," look for someone experienced who explains your rights clearly.

After Divorce: Custody, Maintenance, and Assets

Following a divorce, the court determines child custody and support. Courts are concerned with the welfare of the child and grant custody orders accordingly. The court can order one spouse to pay maintenance (alimony) to the other on the basis of income and need. Support can be ordered during the case and altered later if circumstances change. Assets shared should be revealed and divided equitably. The court gives each spouse a copy of the divorce decree.

Understanding these steps and your rights helps shield you. Good divorce attorneys in Delhi can assist you with filings and hearings and make sure you are aware of each step. With accurate information and guidance, you can more confidently move through the legal process and seek a just result.