Best Divorce and Family Lawyer in Pitampura, Delhi
Divorce, maintenance, custody and domestic violence cases need both firm legal work and discretion. From our Pitampura office we act in mutual and contested divorces and every connected proceeding.
A mutual consent divorce under section 13B of the Hindu Marriage Act needs a year of separation and two motions, normally six months apart. The Supreme Court held in Amardeep Singh v Harveen Kaur (2017) that the family court can waive this cooling-off period where settlement is complete and reconciliation is impossible. Maintenance can be claimed under section 144 BNSS, which replaced section 125 of the old criminal procedure code.
What we handle
- Mutual consent divorce, including waiver of the cooling-off period
- Contested divorce on cruelty, desertion and other grounds
- Maintenance for wife, children and parents under section 144 BNSS
- Child custody and visitation under the Guardians and Wards Act
- Protection, residence and monetary relief under the Domestic Violence Act
- Defence in matrimonial criminal cases, including section 85 BNS
We act for clients in Pitampura and nearby — Shalimar Bagh, Ashok Vihar, Prashant Vihar, Rani Bagh, Keshav Puram, Netaji Subhash Place, Wazirpur and Model Town — and across Delhi.
Mutual consent divorce
Where both spouses agree to part, mutual consent divorce under section 13B is the quickest and least painful route. It requires a year of living separately, a joint petition, and two motions. The key work lies in the settlement: alimony, the return of jewellery and belongings, custody and visitation, and the withdrawal of every pending case. We draft settlement terms carefully so that they are recorded before the court and cannot be reopened. Where the terms are complete, we apply for waiver of the six-month waiting period.
Contested divorce
When one spouse will not agree, a contested divorce is filed on grounds such as cruelty or desertion. These cases are decided on evidence — messages, emails, medical records, police complaints and witness testimony. We help you gather and organise this material, prepare you for cross-examination, and keep the case moving. Many contested cases settle along the way, often through court-referred mediation.
Maintenance and financial support
A spouse who cannot maintain themselves, children and dependent parents can claim maintenance under section 144 BNSS, under the Hindu Adoptions and Maintenance Act, under the Domestic Violence Act, or within the divorce case itself. Courts now require both parties to file detailed affidavits of assets and income. We make sure your affidavit is accurate and test the other side’s disclosures.
Custody of children
Custody disputes are the most sensitive part of any separation. The court’s only question is what serves the child’s welfare. We present a practical plan for the child’s care and education, seek interim custody or visitation where needed, and support arrangements that allow the child to keep a relationship with both parents wherever that is safe.
How we handle your matter
Discreet and direct
Family matters are personal. We speak with you privately, keep your information confidential, and tell you plainly what the law allows.
Settlement drafted properly
A settlement is only as good as its terms. We draft settlement deeds covering alimony, custody, property and withdrawal of all cases, so nothing is left open.
Every connected case in one place
Divorce, maintenance, domestic violence and criminal complaints often run together. We coordinate them so your position in one does not hurt you in another.
Divorce & Family Matters: common questions
How long does a mutual consent divorce take in Delhi?
The couple must have lived separately for at least a year before filing. The second motion is normally made six months after the first, but the family court can waive this period following Amardeep Singh v Harveen Kaur (2017), where all issues are settled. In suitable cases the divorce can be completed within weeks of filing.
What are the grounds for a contested divorce?
Under section 13 of the Hindu Marriage Act, the main grounds include cruelty, desertion for at least two years, adultery, conversion, and certain forms of mental disorder. Cruelty, which includes mental cruelty, is the most commonly pleaded ground.
How is maintenance decided?
The court considers the income and assets of both spouses, their standard of living, the needs of the children and any other liabilities. Interim maintenance can be awarded while the case is pending. Both sides must file affidavits disclosing their income and assets.
Who gets custody of the children?
Custody is decided by the welfare of the child, not the rights of either parent. The court looks at the child's age, schooling, emotional ties, and each parent's ability to care for them. The parent without custody is usually given visitation rights.
What relief is available under the Domestic Violence Act?
A woman facing domestic violence can seek protection orders, a right to reside in the shared household, monetary relief, custody orders and compensation under the Protection of Women from Domestic Violence Act, 2005. Applications are filed before the Magistrate.
What has replaced section 498A IPC?
Cruelty by a husband or his relatives is now an offence under section 85 of the Bharatiya Nyaya Sanhita, 2023, which replaced section 498A of the old penal code for offences on or after 1 July 2024. We act both for complainants and for families facing such allegations.
Can a divorce case be transferred?
Yes. Where a wife faces genuine difficulty in attending proceedings in a distant court, she can seek transfer of the case. Transfer within Delhi is decided by the District Judge or the High Court; transfer between states by the Supreme Court.
Other matters we handle
Divorce Lawyer, Delhi
Mutual or contested divorce, maintenance and alimony, custody, NRI divorce and domestic violence cases — handled with discretion in family courts across Delhi.
Learn more →Mutual Consent Divorce, Delhi
When both spouses agree to part, mutual consent divorce is the fastest and least painful route. We draft the settlement, file the joint petition and seek waiver of the waiting period where the law allows.
Learn more →FIR Quashing, Delhi High Court
A false FIR, a civil dispute turned into a criminal case, or a matrimonial case you have now settled — the Delhi High Court can end the proceedings. We draft, file and argue quashing petitions.
Learn more →Criminal Defence & Bail
An FIR, an arrest, or a police notice — criminal matters move fast. From our Pitampura office we handle bail, anticipatory bail, FIR quashing and full trial defence across Delhi.
Learn more →Property Disputes
Family property, a builder or seller who won't hand over, a tenant or relative in illegal possession, or a title you need checked before buying. We handle property matters from our Pitampura office.
Learn more →Civil & Commercial Disputes
Unpaid dues, a broken contract, or someone interfering with your rights — civil courts can order payment, performance and injunctions. We file and defend civil and commercial suits from our Pitampura office.
Learn more →