
At a glance
- Mutual consent
- Section 13B, Hindu Marriage Act — two motions
- Cooling-off
- Six months, waivable by the court
- Maintenance
- Section 144 BNSS and under the HMA
- Custody test
- Welfare of the child, above either parent's claim
- Where heard
- Family Courts at the Delhi district complexes
Matrimonial cases are decided on evidence, but they are lived as family events. Anyone searching for the best matrimonial lawyer in Delhi is usually weighing two separate questions at once: what the law will give, and what they can live with. Advocate Kanisth Manuja acts as a divorce lawyer in Delhi in both mutual consent and contested matters.
Matters handled
- Mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955
- Contested divorce on grounds including cruelty, desertion and adultery
- Judicial separation, nullity and restitution of conjugal rights
- Child custody, guardianship and visitation
- Maintenance under Section 144 BNSS and under the Hindu Marriage Act, and interim maintenance during proceedings
- Permanent alimony and division of matrimonial assets
- Proceedings under the Protection of Women from Domestic Violence Act, 2005
- Defence in cruelty prosecutions under Section 85 BNS, the former Section 498A IPC
- Recovery of stridhan and jewellery
- Transfer petitions where proceedings are filed in different cities
Mutual consent, where it is possible
A mutual consent divorce requires a settlement on maintenance, custody and property, and proceeds through two motions with a statutory six-month gap that courts may waive in appropriate cases. It is almost always faster, cheaper and less damaging than a contested petition. Where there is any realistic prospect of agreement, that route is worth testing first — a mutual divorce lawyer is often most useful in negotiating the settlement rather than in arguing the petition.
Custody is decided on the child’s welfare
Delhi courts treat the welfare of the child as the paramount consideration, above the claims of either parent. Practical arrangements — schooling, stability, who has actually been caring for the child — carry more weight than assertions about the other parent’s conduct. As a child custody lawyer in Delhi, the usual advice is to document the existing caregiving arrangement carefully and to avoid unilateral moves that a court will later read as disruptive.
Where these matters are heard
Matrimonial matters go before the Family Courts attached to the district complexes — Rohini, Tis Hazari, Saket, Dwarka and Karkardooma — with appeals and transfer petitions before the Delhi High Court.
Frequently Asked Questions
How long does a mutual consent divorce take in Delhi?
Typically six to eighteen months allowing for the statutory gap between the two motions. Courts can waive the six-month period where the parties have already been separated for a long time and the settlement is genuine.
Can maintenance be claimed while the case is still pending?
Yes. Interim maintenance can be sought during proceedings, and is decided on the income and needs of the parties.
What if my spouse has filed a case under Section 85 BNS (498A)?
It is defended on its merits, usually alongside an application for anticipatory bail. Where the parties later settle, quashing under Section 528 BNSS is commonly sought.
Does the mother automatically get custody?
No. Custody follows the welfare of the child. Age, existing care arrangements, stability and the child’s own preference where old enough are all considered.
Related pages
Criminal lawyer in Delhi · Anticipatory bail lawyer · NRI criminal lawyer · Matrimonial dispute practice
Speak to Advocate Kanisth Manuja
If you need a matrimonial lawyer in Delhi, early advice usually costs less than late repair. Call +91 9990856569 or email advocatekanisth@gmail.com with a short summary and any orders or notices you hold. Chamber: S-307, 3rd Floor, Delhi High Court, New Delhi 110003.
This page is for general information only and is not an advertisement or solicitation. It does not create an advocate–client relationship, and nothing here is a guarantee of any particular outcome.
How a matrimonial matter proceeds
- 01
First advice
What the law will give, and what you can live with — these are different questions.
- 02
Interim relief
Maintenance, residence and custody arrangements while the main matter runs.
- 03
Mediation
Delhi courts refer most matrimonial matters here, and a large proportion settle.
- 04
Settlement or contest
A recorded settlement converts a multi-year contest into a mutual consent petition.
- 05
Two motions or trial
Mutual consent proceeds in two motions; a contested petition goes to evidence and cross-examination.
- 06
Decree
With the appeal period in mind before any remarriage.

