Best Family Law Lawyer in Delhi

A family law lawyer in Delhi handles the legal side of a marriage that has broken down or a family dispute that needs a court order: divorce, custody of children, maintenance, protection from domestic violence, and the criminal cases that often run alongside. These matters are heard mostly by the Family Courts, with a Magistrate hearing domestic violence applications and the Delhi High Court hearing appeals and urgent writs. If you are looking for the best family law lawyer in Delhi, the useful test is practical: does the advocate read your papers first, tell you which court and which law apply, give timelines as ranges, and appear on the date? Advocate Kanisth Manuja, a family court lawyer in Delhi, works that way from Chamber S-307, 3rd Floor, Delhi High Court, Pragati Vihar, New Delhi 110003.

• Courts: Family Courts at Saket, Dwarka, Tis Hazari, Rohini, Patiala House and Karkardooma; Delhi High Court
• Principal chamber: S-307, 3rd Floor, Delhi High Court, Pragati Vihar, New Delhi 110003
• Other chambers and offices: Saket (Lawyers Block), Karkardooma Court, Dwarka, Pitampura
• Practice: Individual advocate; appears personally
• Acts for: Husbands, wives, parents and grandparents

Family lawyer, matrimonial lawyer, family court lawyer: the same help

People search for a “family law lawyer”, a “matrimonial lawyer” or a “family court lawyer” and mean one thing: an enrolled advocate who can take a family dispute through the right forum. “Advocate” is the word used in the Advocates Act, 1961; “lawyer” is the everyday word. Family disputes rarely come as a single issue. A divorce petition brings a custody question, a maintenance claim and sometimes a police complaint. Handling them together, so that what is said about income or conduct in one court matches the others, is the main reason to have one advocate for the whole family matter.

Family matters I handle

• Mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955 — see divorce lawyer in Delhi
• Contested divorce on grounds such as cruelty and desertion, judicial separation, nullity and restitution of conjugal rights
• Child custody, guardianship and visitation, including interim custody and video-call access
• Interim maintenance, final maintenance and permanent alimony, for the claimant or the respondent
• Applications under the Protection of Women from Domestic Violence Act, 2005, and defence of such applications
• Complaints and defence under Section 85 BNS (cruelty by a husband or his relatives, the former Section 498A IPC) — see criminal lawyer in Delhi
• Recovery of stridhan and household articles
• Transfer petitions, appeals and High Court petitions in family matters — see Delhi High Court advocate

Which court hears a family matter in Delhi

Delhi’s Family Courts sit within the district court complexes at Saket, Dwarka, Tis Hazari, Rohini, Patiala House and Karkardooma. Section 7 of the Family Courts Act, 1984 gives them jurisdiction over matrimonial petitions, maintenance, and the guardianship and custody of minors. Which complex hears your case depends on where the parties last lived together, where the respondent lives, or where the marriage was solemnised, depending on the law used.

• Divorce and related petitions: the Family Court of the district chosen under Section 19 of the Hindu Marriage Act.
• Section 144 BNSS maintenance: the Family Court of the district where the respondent or the claimant lives, or where they last lived together (Section 145 BNSS).
• Domestic violence applications: the Magistrate’s court for the area where the woman lives, where the respondent lives, or where the violence took place.
• Custody petitions: where the child ordinarily lives (Section 9, Guardians and Wards Act, 1890), or inside the divorce case if one is pending.
• Appeals: to the Delhi High Court; under Section 19 of the Family Courts Act, within thirty days of a Family Court judgment.

My court pages cover the complexes where I appear: Tis Hazari, Karkardooma and Rohini.

Divorce: mutual consent or contested

A mutual consent divorce needs both spouses to agree on the divorce and on maintenance, custody and property. It runs through two motions. The law asks for a gap of six months between them, which the Supreme Court has held a court may waive in a suitable case (Amardeep Singh v. Harveen Kaur, 2017). A contested divorce rests on a ground in Section 13 of the Hindu Marriage Act, for example cruelty or desertion, and is decided on evidence. Realistically, an agreed divorce is a matter of a few months to under a year; a contested one commonly takes several years, and an appeal adds more. The full process is on the divorce lawyer in Delhi page.

Child custody and visitation

Every custody decision turns on the welfare of the child, not on which parent was at fault. Section 17 of the Guardians and Wards Act, 1890 and Section 13 of the Hindu Minority and Guardianship Act, 1956 say so. The court weighs the child’s age and health, who has been the main caregiver, schooling and home continuity, each parent’s real ability to care, and, for an older child, the child’s preference. The proviso to Section 6(a) of the 1956 Act says the custody of a child under five should ordinarily be with the mother, but “ordinarily” leaves room for welfare to point elsewhere.

Where a divorce is pending, Section 26 of the Hindu Marriage Act lets the same court pass orders on the children’s custody, maintenance and education. Interim orders cover where the child lives meanwhile, visits and fixed video-call times, and a bar on taking the child out of Delhi or India without leave. In urgent cases of illegal detention, a habeas corpus petition lies in the High Court (Tejaswini Gaud v. Shekhar Jagdish Prasad Tewari, 2019; Yashita Sahu v. State of Rajasthan, 2020). India has not signed the Hague Convention on child abduction; in Nithya Anand Raghavan v. State (NCT of Delhi) (2017) the Supreme Court held that Indian courts decide on the child’s welfare and treat a foreign order as one factor.

Maintenance and alimony

Several laws give maintenance, and which one applies depends on the relationship and on whether a matrimonial case is already pending.

• Section 144 BNSS (which replaced Section 125 CrPC from 1 July 2024): a wife, children and parents, of any religion, against a person with sufficient means who neglects them. No other case needs to be pending.
• Sections 24 and 25, Hindu Marriage Act: interim maintenance and litigation expenses during the case, and permanent alimony at or after the decree. Either spouse can claim.
• Section 20, Domestic Violence Act: monetary relief for an aggrieved woman and her children.

In Rajnesh v. Neha (2020) the Supreme Court required both sides to file an affidavit of income, assets and liabilities, and directed that maintenance be awarded from the date of the application. An application for interim maintenance is meant to be decided, as far as possible, within sixty days of service of notice; in practice it often takes a few months. Nothing here is a promise of an amount: the court looks at income, needs, the standard of living and each party’s real capacity.

Domestic violence and cruelty cases

The Protection of Women from Domestic Violence Act, 2005 is a civil remedy before a Magistrate. An application under Section 12 can seek a protection order, a right to stay in the shared household, monetary relief, temporary custody of children and compensation. It covers physical, sexual, verbal, emotional and economic abuse. A police complaint is not a precondition. Female relatives can be respondents after Hiral P. Harsora v. Kusum Narottamdas Harsora (2016). If there is immediate danger, call 112 first.

A separate criminal route is Section 85 BNS, cruelty by a husband or his relatives. These complaints carry serious consequences for the accused, and the Supreme Court has repeatedly cautioned against casual inclusion of distant relatives. I act for complainants and for the accused. Bail and anticipatory bail strategy is on the bail lawyer in Delhi page.

How I approach these cases

This is method, not a record of results. I start with the documents and a dated chronology. I identify every proceeding that is likely to arise — divorce, custody, maintenance, domestic violence, a criminal complaint — and plan them as one case, so that affidavits do not contradict each other. I tell you early where the case is strong and where it is weak. I explore settlement, because many family matters end better by agreement, but I do not press anyone into one. I promise careful work and clear advice; no advocate can promise how a court will decide.

Step by step: how a family matter moves

1. Consultation: facts, documents, the right court and the right law.
2. Filing: the petition or application, with interim applications for maintenance or custody where needed.
3. Notice and reply by the other side.
4. Mediation and counselling, which Delhi’s Family Courts commonly refer parties to, before evidence.
5. Interim orders on maintenance, custody and residence.
6. Evidence by affidavit and cross-examination, then arguments.
7. Judgment, then appeal, enforcement or modification as required.

Realistic timelines

• Mutual consent divorce: a few months to under a year.
• Contested divorce: commonly two to five years or more, longer with an appeal.
• Interim maintenance or custody: a few weeks to a few months.
• Domestic violence interim relief: days to weeks in urgent cases; final orders often take a year or more.
• Contested custody final order: usually one to three years.

These are ranges, not promises; they depend on the court’s workload, service of notice and how much is disputed.

Documents to bring

• Marriage certificate, wedding photographs and invitation card
• Birth certificates and school records of the children
• Income proof: salary slips, ITRs, bank statements, business accounts
• Any earlier notice, FIR, complaint, order or court paper
• Messages, emails and other records relevant to the dispute
• A list of stridhan, jewellery and household articles, with bills where available

Incomplete papers are still useful; part of the first meeting is finding what is missing.

Related pages

Divorce lawyer in Delhi · Criminal lawyer in Delhi · Bail lawyer in Delhi · Property lawyer in Delhi · Delhi High Court advocate · Supreme Court advocate · Tis Hazari Court · Karkardooma Court · Rohini Court · Home

Last reviewed: 10 October 2026.

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

1. 01

   First advice

   What the law will give, and what you can live with — these are different questions.

2. 02

   Interim relief

   Maintenance, residence and custody arrangements while the main matter runs.

3. 03

   Mediation

   Delhi courts refer most matrimonial matters here, and a large proportion settle.

4. 04

   Settlement or contest

   A recorded settlement converts a multi-year contest into a mutual consent petition.

5. 05

   Two motions or trial

   Mutual consent proceeds in two motions; a contested petition goes to evidence and cross-examination.

6. 06

   Decree

   With the appeal period in mind before any remarriage.

Frequently asked questions

Who is the best family law lawyer in Delhi?

No ranking can answer that honestly. Choose an advocate who reads your papers first, names the court and the law that apply, gives timelines as ranges and appears personally on the date. Advocate Kanisth Manuja handles divorce, custody, maintenance and domestic violence matters in the Delhi Family Courts and the High Court.

What does a family court lawyer in Delhi do?

A family court lawyer drafts and files the petition or application, argues interim relief such as maintenance and custody, takes the case through mediation, evidence and arguments, and handles appeals and enforcement. The Family Courts Act, 1984 gives these courts jurisdiction over matrimonial, maintenance and custody matters.

Which family courts are there in Delhi?

Family Courts sit in the district court complexes at Saket, Dwarka, Tis Hazari, Rohini, Patiala House and Karkardooma. The complex depends on where the parties live or last lived together and on the law used.

How long does a divorce take in Delhi?

A mutual consent divorce commonly takes a few months to under a year. A contested divorce commonly takes two to five years or more, and an appeal adds further time. These are ranges, not promises.

Can the six-month wait in a mutual consent divorce be waived?

Yes, in a suitable case. In Amardeep Singh v. Harveen Kaur (2017) the Supreme Court held that the six-month period in Section 13B(2) of the Hindu Marriage Act is directory and a court may waive it where the parties have genuinely settled and the period would only prolong their suffering.

Who gets custody of a child after separation?

The court decides on the welfare of the child, not on which parent has the stronger claim. It looks at the child's age, health, schooling, main caregiver, each parent's ability to care and, for an older child, the child's preference. Custody of a child under five ordinarily stays with the mother under Section 6(a) of the Hindu Minority and Guardianship Act, 1956.

Can a father get custody of his child?

Yes, where that serves the child's welfare. A father remains a natural guardian of a Hindu child, and the court decides on the facts of each case.

What is Section 144 BNSS?

Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the maintenance provision that replaced Section 125 of the old Code of Criminal Procedure from 1 July 2024. It lets a wife, children and parents who cannot maintain themselves claim monthly maintenance from a person with sufficient means.

Can a husband claim maintenance from his wife?

Yes, under Sections 24 and 25 of the Hindu Marriage Act, 1955, either spouse who has no sufficient independent income can claim in a matrimonial case. Section 144 BNSS is framed for wives, children and parents.

How is maintenance or alimony decided?

There is no fixed formula. The court looks at both parties' income and assets, reasonable needs, the standard of living during the marriage and the paying spouse's capacity. In Rajnesh v. Neha (2020) the Supreme Court required both sides to file an affidavit of disclosure and directed that maintenance run from the date of application.

Can I file a domestic violence case without going to the police?

Yes. An application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 goes to the Magistrate directly. If you are in immediate danger, call 112 first.

Can relatives of the husband be made respondents in a domestic violence case?

Yes. In Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) the Supreme Court struck the words "adult male" from Section 2(q), so female relatives in a domestic relationship can be respondents.

What is Section 85 BNS?

Section 85 of the Bharatiya Nyaya Sanhita, 2023 punishes cruelty by a husband or his relatives towards a married woman. It replaced Section 498A of the IPC from 1 July 2024. I act for both complainants and accused in such cases.

What happens if the other side does not pay maintenance or follow a custody order?

You can apply to the court that passed the order for enforcement. A maintenance order under Section 144 BNSS can be recovered through a warrant and, for each breach, imprisonment. Wilful disobedience of a custody order can be treated as contempt.

What documents should I bring to the first meeting?

The marriage certificate, children's birth and school records, income proof, any notice, complaint or court order, relevant messages, and a list of stridhan and household articles. Incomplete papers are still useful.