Where to File for Divorce in Delhi: A Simple Guide to Choosing the Right Court
Before your divorce case can begin, it has to be filed in the right court. Get this wrong, and the court can send your petition back, costing you months. This guide explains, in plain language, where you can file for divorce in Delhi and how to find the right family court.
In short • You can usually file in Delhi if you got married here, last lived together here, or your spouse lives here now. • If you are the wife filing the case, you can also file where you live now, including your parents' home. • Maintenance and domestic violence cases can be filed where the wife lives, even if the divorce case is somewhere else. • In Delhi, cases go to the Family Court of the district where the relevant address falls. |
Why does it matter which court I file in?
A court can only hear your case if the law gives it power over your area. Lawyers call this "jurisdiction".
If you file in the wrong place, the court can return your petition so you can file it again in the correct court (Order VII Rule 10 of the Code of Civil Procedure). The time already spent is lost.
Where can I file for divorce?
If you married under the Hindu Marriage Act, 1955 (which covers Hindus, Sikhs, Jains and Buddhists), Section 19 lets you file in any one of these places:
You can file where… | Example |
The marriage took place | You married in Delhi but both now live in Gurugram |
Your spouse lives now | Your husband lives in Saket |
You last lived together as a couple | Your last shared home was in Dwarka |
You live now, if you are the wife filing the case | You moved back to your parents' home in Rohini |
You live now, if your spouse lives abroad or has not been heard of for 7 years | Your husband has settled in Canada |
If more than one place fits, you can choose. "Living" means genuinely living there, not a short stay arranged just to file the case.
What about mutual consent divorce?
In a mutual consent divorce, both spouses file together, so there is no "other side". Most couples file where they got married, where they last lived together, or where either of them lives now.
Both spouses must appear for the first and second motions (courts can allow appearance by video conference in suitable cases), so choose a court that is practical for both of you.
Read the step-by-step guide: How to file for divorce by mutual consent in India.
Which court hears which case in Delhi?
Divorce is often only one part of a family dispute. Each type of case has its own rule on where it can be filed:
Type of case | Which court | Where it can be filed |
Divorce, judicial separation, annulment | Family Court | Any of the places in the table above |
Maintenance under Section 144 BNSS (formerly Section 125 CrPC) | Family Court | Where the husband is, where the husband or wife lives, or where they last lived together |
Domestic violence under the DV Act, 2005 | Magistrate's court | Where the woman lives (even temporarily) or works, where the husband lives, or where the incident happened |
Child custody | Family Court | Generally where the child ordinarily lives |
This is why a wife's maintenance or domestic violence case is often in Delhi, even when the husband has filed for divorce in another city.
How do I find the right family court in Delhi?
Delhi is divided into 11 court districts. Their courts sit at the Tis Hazari, Rohini, Karkardooma, Patiala House, Saket and Dwarka court complexes. To find yours:
Pick the address your case will be based on (from the tables above).
Find out which police station covers that address.
Check which district that police station falls in on the Delhi District Courts website (delhicourts.nic.in).
File your case before the Family Court of that district.
My husband filed in another city. What can I do?
You can ask for the case to be moved (a "transfer petition"):
Between states: apply to the Supreme Court under Section 25 of the Code of Civil Procedure.
Within Delhi: apply under Section 24 of the Code of Civil Procedure.
Courts usually give real weight to the wife's convenience, especially when she has young children or limited means.
What if we married under a different law?
Special Marriage Act, 1954 (court marriages, inter-faith marriages): Section 31 gives similar options, including filing where the wife lives.
Christian marriages (Divorce Act, 1869) and Muslim women (Dissolution of Muslim Marriages Act, 1939): the Family Court hears these too, generally where the couple lives or last lived together.
Practical tips before you file
Keep proof of the address your case relies on: rent agreement, electricity bill or Aadhaar.
Think about where any related cases (maintenance, domestic violence, custody) are likely to be filed, so you are not running cases in several cities.
Consider where your children go to school and where your documents and witnesses are.
Frequently asked questions
Can I file for divorce in Delhi if I got married in another state?
Yes, if your spouse lives in Delhi, if you last lived together in Delhi, or if you are the wife filing the case and you live in Delhi now.
Can a wife file for divorce from her parents' home?
Yes. A wife who files the case can file where she is living on the date of filing, including her parents' home, as long as she genuinely lives there.
What happens if I file in the wrong court?
The court can return your petition so you can file it in the correct court. The case does not end, but the time already spent is lost.
Can a divorce case be moved to another city?
Yes. A case can be transferred between states by the Supreme Court, and within a state by the High Court or District Judge, usually on the wife's request and considering her convenience.
Last updated: 26 October 2026. This article is for general information only and does not constitute legal advice.
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