In short. Delhi's family courts hear divorce, judicial separation, custody, guardianship and maintenance cases. They sit inside the district court complexes, so your case goes to the complex that serves the area where you or your spouse live or last lived together. Interim maintenance and interim custody orders can come within months; contested divorces often take two to five years. Start by finding out which district your case belongs to and collecting your marriage, income and child-related papers. This is a private law firm website, not the courts' website.
Is this your situation?
- Your spouse has filed a divorce or judicial separation petition in a Delhi family court and you have received the summons.
- You want to file for divorce, by consent or contested, and do not know which Delhi court to approach.
- You want custody of your child, or regular visitation, after separation.
- Your wife has filed a maintenance case under Section 144 BNSS (old Section 125 CrPC) against you, or you need maintenance from your husband.
- You live in Noida, Gurugram or abroad and your spouse has filed a case in Delhi.
- The family court has passed an order you think is wrong and you want to know what the High Court can do.
- You have been asked to attend counselling or mediation at the family court and want to know what it means.
What the Delhi family courts are, and where they sit
Delhi does not have one family court building. Family courts set up under the Family Courts Act 1984 sit inside the district court complexes at Tis Hazari, Saket, Karkardooma, Rohini, Dwarka and Patiala House, and each judicial district has a Principal Judge, Family Court, with additional family court judges under that Principal Judge. In November 2023 the Lieutenant Governor approved ten more family courts, taking the sanctioned number to 31. The number of working courts changes as judges are posted, so the cause list is the reliable guide.
A family court is a court of the rank of a District Judge. It hears matrimonial cases, custody and guardianship, and maintenance claims, and it is meant to be less formal than an ordinary civil court. It must try to bring the parties to a settlement before deciding the case, it can sit in camera, and it can follow its own procedure within the limits the Act sets.
This is a private law firm website, not the website of the Delhi family courts or the Delhi District Courts. Official cause lists, case status and orders are on the Delhi District Courts website and the eCourts portal. What follows is a practical explanation of how cases in these courts work and where the Delhi High Court comes in.
Which Delhi complex hears your family case
- Tis Hazari. Family courts for the Central and West districts. Areas such as Karol Bagh, Paharganj, Rajouri Garden, Punjabi Bagh, Janakpuri and Tilak Nagar usually fall here.
- Saket. Family courts for the South and South-East districts, covering areas such as Malviya Nagar, Hauz Khas, Mehrauli, Lajpat Nagar, Kalkaji, Greater Kailash, Sarita Vihar and Jamia Nagar.
- Karkardooma. Family courts for the East, North-East and Shahdara districts, covering Preet Vihar, Mayur Vihar, Laxmi Nagar, Shahdara, Seelampur, Dilshad Garden and nearby areas.
- Rohini. Family courts for the North and North-West districts, covering Rohini, Pitampura, Shalimar Bagh, Model Town and nearby areas.
- Dwarka. Family courts for the South-West district, covering Dwarka, Palam, Najafgarh, Uttam Nagar, Vasant Kunj and Kapashera.
- New Delhi district. Family matters from the NDMC area and nearby localities such as Chanakyapuri, Connaught Place and Mandir Marg belong to the New Delhi district, whose courts sit mainly at Patiala House.
- A caution on boundaries. District boundaries follow police station and revenue limits, which are revised from time to time, and a court may be housed in a complex other than the district's main one. Check the current allocation on the district courts' website or through a lawyer before filing.
How the right family court is chosen
The statute under which the case is filed decides which court can hear it. Under Section 19 of the Hindu Marriage Act, a divorce petition can be filed where the marriage was solemnised, where the respondent lives, where the couple last lived together, or, if the wife is the petitioner, where she is living on the date of filing. The Special Marriage Act has a similar rule. A wife who has moved back to her parents in Janakpuri can therefore file in the West district family court even if the marital home was in Gurugram.
Custody and guardianship petitions under the Guardians and Wards Act go to the court where the child ordinarily resides. That is a question of fact: where the child has been living and going to school, not where one parent would like the child to be. Maintenance under Section 144 BNSS can be filed where the person claiming it lives, where the husband or father lives, or where they last lived together, under Section 145 BNSS (old Section 126 CrPC).
These choices produce the most common practical problem in Delhi family litigation: two cases in two places. The husband files for divorce in Gurugram; the wife files for maintenance in Delhi and a domestic violence case in Noida. Courts can transfer cases to bring them together, through the District Judge, the High Court under Section 24 CPC, or the Supreme Court when two states are involved. Our page on transfer of a matrimonial or criminal case explains when that is worth asking for.
The laws a Delhi family court applies
Family Courts Act 1984, Sections 7 and 8
Section 7 gives the family court the jurisdiction of a district court over suits and proceedings between spouses for nullity, restitution of conjugal rights, judicial separation and divorce, on the validity of a marriage, on the property of the spouses, on injunctions arising out of the marriage, on legitimacy, on maintenance, and on guardianship and custody of a child. It also gives the family court the magistrate's power to decide maintenance under the BNSS. Section 8 removes these cases from the ordinary civil and criminal courts in areas where a family court exists.
Family Courts Act 1984, Sections 9 to 16
Section 9 requires the court to try to settle the dispute first. Section 10 applies the Civil Procedure Code but allows the court to lay down its own procedure. Section 11 allows hearings in camera, and requires them if either party asks. Section 13 says no party is entitled as of right to be represented by a lawyer, though the court may appoint one as amicus curiae. Sections 14 to 16 relax the rules of evidence and allow formal evidence by affidavit.
Family Courts Act 1984, Section 19
An appeal lies to the High Court against a judgment or order of a family court, other than an interlocutory order, within 30 days. No appeal lies against a decree or order passed with the consent of the parties. Maintenance orders under the BNSS are open to revision by the High Court under Section 19(4).
Personal laws and other statutes
The family court applies the Hindu Marriage Act 1955, the Special Marriage Act 1954, the Divorce Act 1869 for Christians, the Dissolution of Muslim Marriages Act 1939 and Muslim personal law, the Hindu Adoptions and Maintenance Act 1956, the Guardians and Wards Act 1890, the Hindu Minority and Guardianship Act 1956, and Sections 144 to 147 BNSS (old Sections 125 to 128 CrPC) on maintenance.
What a Delhi family court hears, and what it does not
- Hears: divorce, nullity and judicial separation. Contested and mutual consent petitions under all personal laws, and declarations about whether a marriage is valid.
- Hears: maintenance and alimony. Interim maintenance and litigation expenses under Section 24 HMA, permanent alimony under Section 25 HMA, maintenance under Section 18 of the Hindu Adoptions and Maintenance Act, and maintenance under Section 144 BNSS.
- Hears: custody, guardianship and visitation. Petitions under the Guardians and Wards Act and Section 26 HMA, including interim custody and holiday arrangements.
- Hears: disputes about the spouses' property. Claims for return of streedhan, jewellery and articles, and other property disputes between husband and wife.
- Does not hear: domestic violence complaints as such. Applications under the Protection of Women from Domestic Violence Act 2005 are filed before a Metropolitan Magistrate, often in the Mahila courts, though the same reliefs can be sought within a family court case under Section 26 of that Act. Our page on Domestic Violence Act orders, appeals and revisions covers that track.
- Does not hear: criminal cases. FIRs under Sections 85 and 86 BNS (old Section 498A IPC) and dowry cases are tried by magistrates. They often run alongside the family case and are frequently settled together.
- Does not hear: disputes with in-laws over their own property. A suit about the in-laws' house, or partition of a family property, goes to the civil court or the High Court depending on value.
Counselling and mediation: the first stop in most cases
Almost every contested case in a Delhi family court is sent to counselling or mediation early. Section 9 of the Family Courts Act requires the court to try for settlement, and the family courts work with counsellors and with the Delhi Mediation Centre, which has units in each district court complex. Mediation is confidential: what is said there cannot be used as evidence later.
Many cases settle here, often into a mutual consent divorce with an agreed lump-sum alimony, return of articles, custody and visitation terms, and withdrawal of criminal and domestic violence cases. A settlement is written as a mediation agreement and then placed before the court. Where an FIR is part of the settlement, quashing has to be sought from the Delhi High Court; see our page on quashing an FIR on settlement.
Treat mediation as a real hearing, not a formality. Go with a clear idea of what you need, what you can give, and how payments will be secured, for example through demand drafts handed over at the first and second motion. When Advocate B.K. Singh prepares a client for mediation, he writes down the figures first: income, assets, the child's school fees and the realistic range of alimony, because most settlements fail on numbers, not on feelings.
How a contested case moves through a Delhi family court
The sequence below is typical for a contested divorce. Custody and maintenance cases follow a similar pattern with fewer stages.
Petition and summons
The petition is filed in the correct district family court with the court fee, affidavits and documents, and the court issues summons to the respondent. Service is by post, process server, email or, if needed, publication.
First appearance and reference to mediation
Both parties appear. The court usually refers them to counselling or the mediation centre and fixes a date for its report. Personal presence is often required.
Interim applications
Applications for interim maintenance, litigation expenses and interim custody or visitation are taken up early. Both parties file income and asset affidavits in the format laid down in Rajnesh v. Neha (2020).
Written statement and issues
If mediation fails, the respondent files a written statement, and the court frames the points for decision, called issues.
Evidence
Each side files evidence by affidavit and is cross-examined. Documents are proved, and witnesses such as relatives, doctors or bank officers may be called. This is the longest stage.
Final arguments and judgment
The court hears arguments and passes a decree, with orders on alimony and custody where asked. A certified copy is obtained for any appeal and for updating records.
Execution or appeal
Maintenance and alimony orders are enforced by execution. A party unhappy with the judgment can appeal to the Delhi High Court within 30 days.
Dates in family courts are often a month or two apart. Missing a date can lead to an ex parte order against you, so keep your lawyer informed of any change in address or travel plans.
Maintenance cases in Delhi family courts
Maintenance is usually the first contested issue and the one that most affects day-to-day life. The wife, a child or a parent can claim maintenance under Section 144 BNSS, and a spouse can seek interim maintenance and litigation expenses under Section 24 HMA in a divorce case. Since Rajnesh v. Neha, both sides must file detailed affidavits of income, assets and liabilities, and the court must adjust amounts awarded in parallel cases so that the husband does not pay twice for the same need.
In practice, the strength of a maintenance case lies in documents: salary slips, Form 16, income tax returns, bank statements, property papers, rent agreements and the child's school fee receipts. A husband who claims a low income while his bank statements show regular large transfers will not be believed. A wife who has a job should disclose it; concealment damages credibility in every other part of the case.
Orders are enforced through recovery warrants and, for continued default, detention. A husband whose income has genuinely fallen can apply for alteration under Section 146 BNSS (old Section 127 CrPC). If the order itself is wrong, the remedy is revision in the High Court under Section 19(4) of the Family Courts Act, discussed on our page on maintenance revision in the High Court. Our guide on how fast interim maintenance comes gives realistic expectations.
Custody and visitation in Delhi family courts
Custody is decided on the welfare of the child, not on which parent is at fault in the marriage. The family court considers the child's age, schooling, health, emotional bonds, the stability each home offers and, for older children, the child's own wishes. Judges usually speak to children in chambers rather than in open court, and they often ask for a counsellor's report.
While the case is pending, the court can fix interim custody and visitation: weekend meetings, holiday sharing, video calls on fixed days, and sometimes supervised meetings in the court premises or the mediation centre when there is tension or a risk of the child being taken away. Visitation orders are enforced; a parent who keeps blocking meetings risks losing interim custody.
Where a child has been removed from Delhi or abroad in breach of an order, or kept illegally, the remedy may be a habeas corpus petition in the Delhi High Court. Our page on child custody and habeas corpus for a child explains when the High Court acts directly and when it sends the parties back to the family court.
Mutual consent divorce in a Delhi family court
A mutual consent divorce under Section 13B HMA needs two motions. The first motion is filed jointly in the family court, with statements of both parties recorded. The second motion follows after six months and within eighteen months, and the decree is passed if both still consent. The parties must have lived separately for at least a year before filing.
The six-month waiting period can be waived by the family court where the conditions in Amardeep Singh v. Harveen Kaur (2017) are met: the parties have been separated long enough, mediation has failed, and all issues including alimony and custody are settled. Delhi family courts do grant waivers in suitable cases, but not as a routine. Our guide on waiving the six-month wait sets out what the court looks for.
The settlement terms matter as much as the divorce. Payments are usually split between the first and second motions, with the balance paid when the decree is passed. Make sure the terms on streedhan, custody, visitation and withdrawal of criminal cases are written clearly, because a consent decree cannot be appealed and disputes about vague terms are hard to fix later.
Time and cost at each stage (typical ranges, not promises)
| Stage | Where | Typical time | Court fee and costs |
|---|---|---|---|
| Counselling and mediation | Family court counsellor or district mediation centre | 1 to 4 months | No fee |
| Interim maintenance | Family court | A few months, depending on affidavits and service | Small fixed court fee; check the current court fee |
| Interim custody or visitation | Family court | A few weeks to a few months | Small fixed court fee |
| Mutual consent divorce | Family court | 6 to 18 months; shorter if the waiting period is waived | Small fixed court fee; check the current court fee |
| Contested divorce | Family court | 2 to 5 years, sometimes longer | Small fixed court fee plus costs of certified copies and service |
| Guardianship petition | Family court | 6 months to 2 years | Small fixed court fee |
| Execution of maintenance arrears | Family court | A few months per application | Process fees |
| Appeal or revision | Delhi High Court, Division Bench | First hearing in weeks; decision in months to years | Court fee on the appeal; check the current court fee |
Papers to collect before your first meeting
Marriage and residence
- Marriage certificate, wedding photographs and invitation card
- Proof of where you last lived together and where you live now
- Aadhaar, passport and, for NRIs, visa or residence documents
- Any police complaint, CAW Cell record or FIR
Income and assets
- Salary slips, Form 16 and income tax returns for three years
- Bank statements for at least one year
- Property documents, loans and EMIs
- List of jewellery and articles given at the marriage, with receipts or photographs if available
Children
- Birth certificates
- School admission records, fee receipts and report cards
- Medical records
- Messages or emails about meetings, calls and school matters
Court papers
- Summons and copy of the petition served on you
- All orders and order sheets so far
- Mediation reports or settlement drafts
- Papers of any other case between the parties, in any city
Lawyers, privacy and personal presence
Section 13 of the Family Courts Act says a party is not entitled as of right to a lawyer. In practice, Delhi family courts routinely allow advocates to appear, draft pleadings and cross-examine, and most contested cases are run through counsel. The court will still want the parties themselves at counselling, mediation, the recording of statements in mutual consent cases and, often, at hearings on custody.
Hearings can be held in camera, and either party can ask for it. This matters where allegations about character, health or sexual life are involved, or where children are concerned. Ask your lawyer to request it at the start if the case is sensitive.
Family courts in Delhi also hear parties by video conference in suitable cases, especially where one party lives abroad or in another city. Permission is needed, and the court can insist on physical presence for key stages. Plan travel around those stages rather than assuming every date can be attended online.
When the Delhi High Court steps into a family court case
The Delhi High Court is the appeal court for every Delhi family court. A final judgment or order, such as a divorce decree, a custody order or a final maintenance order under the personal law, can be appealed under Section 19 within 30 days, and the Delhi High Court has held that the 30-day limit applies rather than the 90 days in Section 28 HMA. A delay can be condoned for sufficient cause. Our page on appeals against family court orders explains that process.
Interim orders, such as an order on interim maintenance or interim visitation, are not appealable under Section 19. They are usually challenged through a petition under Article 227 of the Constitution, and the High Court interferes only where the order is clearly wrong or causes serious injustice. Maintenance orders under the BNSS go to the High Court in revision.
The High Court also transfers cases between Delhi districts, hears habeas corpus petitions for children, and quashes matrimonial FIRs after settlement. It has its own mediation centre, Samadhan, which takes up family appeals. It cannot dissolve a marriage on the ground of irretrievable breakdown; under Shilpa Sailesh v. Varun Sreenivasan (2023), only the Supreme Court can do that under Article 142.
NRIs and spouses living in Noida, Gurugram or abroad
A spouse living outside Delhi is often surprised to be summoned to a Delhi family court. If the petitioner wife lives in Delhi, or the marriage took place in Delhi, the court here has jurisdiction, and ignoring the summons leads to an ex parte decree. A Gurugram engineer whose wife is with her parents in Dwarka will usually find himself attending the South-West district family court.
NRIs can authorise a family member through a power of attorney to handle routine steps, but statements in a mutual consent divorce and evidence in contested cases usually need the party personally or through video conference with the court's permission. Our page on NRI divorce, foreign decrees and child removal covers foreign decrees and children taken abroad.
Our Dwarka office in Sector 7, near Ramphal Chowk, is close to the Dwarka courts and a short drive from Gurugram; our Vaishali office is close to Karkardooma for clients from East Delhi, Noida and Ghaziabad. Clients abroad meet us online.
Practical points about attending a Delhi family court
Find the court room from the cause list on the district courts' website the evening before, and arrive by 10 am. Family courts sit on specific floors or blocks within each complex, and the court room number on your summons may have changed if the judge has been transferred. Carry identity proof, copies of all orders and your lawyer's number.
If you bring a child for a meeting or an interview with the judge, bring something to keep the child occupied and avoid discussing the case in front of the child. Keep calm in the corridors; confrontations with the other side or their relatives can lead to complaints and do not help your case.
Advocate B.K. Singh tells clients to keep a small file with a running note of every date: what was ordered, what was paid, which visitation took place and which did not. Months later, when the other side alleges non-payment or missed meetings, that note and the receipts behind it often decide the point.
A made-up example: two cases, two cities, one settlement
Here's a made-up example. A couple married in Delhi and lived in Gurugram with their five-year-old son. After separation, the wife moved back to her parents in Mayur Vihar with the child. The husband filed for divorce in Gurugram. The wife filed for maintenance under Section 144 BNSS and for custody in the East district family court at Karkardooma, and also lodged a complaint that led to an FIR in Delhi.
The Karkardooma family court fixed interim maintenance after both sides filed Rajnesh affidavits, and allowed the father to meet the child on alternate Saturdays at the court's mediation centre. The wife sought transfer of the Gurugram divorce case to Delhi before the Supreme Court because the case involved two states. The family court referred the parties to the Delhi Mediation Centre at Karkardooma.
After four sessions, the parties agreed on a lump-sum alimony paid in two parts, joint custody with the child living with the mother, weekend and holiday visitation for the father, and withdrawal of all cases. The husband withdrew the Gurugram petition, the parties filed a mutual consent petition in the Karkardooma family court, and the Delhi High Court later quashed the FIR on the basis of the settlement. Nothing in this example is a promise; many cases do not settle, and then each one runs its own course.
Mistakes that hurt people in family court cases
- Ignoring the summons. An ex parte decree or maintenance order is harder and slower to undo than to defend.
- Hiding income or a job. The Rajnesh affidavit is on oath. False figures damage credibility on custody and alimony too.
- Using the child as a bargaining chip. Blocking visitation or coaching a child is noticed by judges and counsellors, and it can cost a parent interim custody.
- Filing in the wrong court. A petition filed where neither party lived nor married wastes months.
- Vague settlement terms. Unclear terms on payment dates, jewellery or visitation lead to fresh litigation.
- Missing the 30-day appeal limit. Delay can be condoned, but it must be explained day by day.
- Posting about the case on social media. Screenshots are filed in court and can be used against you.
What to do this week
- Find out which district and complex your case belongs to, or is pending in.
- Note the next date and the court room from the cause list.
- Collect salary slips, ITRs, bank statements and property papers for the income affidavit.
- Gather the child's school and medical records if custody is in issue.
- Write a short dated history of the marriage and separation for your lawyer.
- List every case between you and your spouse in any city, with case numbers.
- Get your papers read by a lawyer before the next date, especially if an order has been passed against you.
Getting advice on a Delhi family court case
We act in family court cases across Delhi's district complexes and in the appeals, revisions, transfers and quashing petitions that follow in the Delhi High Court. These matters are handled by Advocate B.K. Singh with Advocate Sadhna Singh, Partner, and the firm's team. Fees are discussed at the first meeting and agreed in writing, stage by stage.
If you have a case in a Delhi family court and want your papers read and the next step explained plainly, contact Advocate B.K. Singh for advice on your papers or for updates on the law.
Frequently asked questions
Where is the family court in Delhi?
There is no single family court building. Family courts sit inside the district court complexes at Tis Hazari, Saket, Karkardooma, Rohini, Dwarka and Patiala House, and the case goes to the one serving the relevant district. Check the cause list on the Delhi District Courts website for the court room.
Can I file divorce in Delhi if I married in another state?
Yes, if your spouse lives in Delhi, you last lived together in Delhi, or, if you are the wife, you are living in Delhi when you file. The Hindu Marriage Act allows any of these places. The marriage venue is only one of the options.
Is a lawyer necessary in a Delhi family court?
The Family Courts Act says no one has a right to a lawyer, but in practice Delhi family courts routinely allow advocates and most contested cases are run through counsel. You will still need to attend counselling, mediation and key hearings personally.
How long does a divorce take in a Delhi family court?
A mutual consent divorce usually takes six to eighteen months, sometimes less if the waiting period is waived. A contested divorce often takes two to five years or longer, depending on evidence and adjournments. No timeline can be promised.
Can the family court in Delhi hear a domestic violence case?
A Domestic Violence Act application is filed before a Metropolitan Magistrate, not the family court. But the same reliefs, such as residence or protection orders, can be sought within a pending family court case under Section 26 of that Act.
Can I attend a Delhi family court hearing online from abroad?
Delhi family courts allow video appearance in suitable cases, but you need the court's permission. The court may insist on physical presence for statements in mutual consent cases or for cross-examination.
What can I do if the family court passes an interim maintenance order I cannot pay?
You can file for modification if your circumstances have changed, or challenge the order in the Delhi High Court under Article 227 if it is clearly wrong. Stopping payment without an order exposes you to recovery warrants.
Is this the official website of the Delhi family courts?
No. This is a private law firm website. Official cause lists, case status and orders of Delhi's family courts are on the Delhi District Courts website and the eCourts portal.