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Advocate Manish Jha Criminal · Civil · Family Law — New Delhi ☎  Consult the Chamber
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Family Law

Matrimonial Practice in Delhi

A single chamber for divorce, maintenance, custody and connected proceedings.

Matrimonial disputes rarely travel alone — a divorce petition is often accompanied by maintenance claims, custody applications and criminal complaints. The chamber of Advocate Manish Jha handles the full matrix of matrimonial litigation before the Family Courts of Delhi.

The Scope of the Practice

Maintenance under Several Statutes

Maintenance can be claimed under more than one law, and the correct combination depends on the facts:

ProvisionNature of relief
Section 144, BNSS 2023 (earlier Section 125 CrPC)Summary maintenance for wife, children and parents unable to maintain themselves
Sections 24 and 25, Hindu Marriage Act, 1955Interim maintenance and litigation expenses; permanent alimony on decree
Section 20, PWDV Act, 2005Monetary relief in domestic violence proceedings
Section 18, Hindu Adoptions and Maintenance Act, 1956A Hindu wife's independent right to maintenance

Settlement and Mediation in the Delhi Family Courts

The Family Courts in Delhi routinely refer matrimonial disputes to their mediation centres, and a large share of cases resolve there. A well-drafted settlement addresses alimony, stridhan, custody and visitation, and withdrawal or quashing of cross-cases, so that the parties genuinely close every front. The chamber drafts and vets such settlements and appears at the recording of statements.

About the Chamber

Advocate Manish Jha (LL.B., LL.M.) has practised for over fifteen years before the Delhi District Courts, Tribunals, the High Court of Delhi and the Supreme Court of India. The chamber at Tagore Garden Extension, New Delhi conducts matrimonial matters in the Family Courts across the Delhi district court complexes, including Tis Hazari, Saket, Dwarka and Rohini. NRI parties may see the international divorce page.

Frequently Asked Questions

Can maintenance be claimed under more than one law at once?

Different statutes serve different purposes — Section 144 BNSS (earlier Section 125 CrPC) offers a summary remedy, the Hindu Marriage Act provides interim and permanent alimony within matrimonial proceedings, and the PWDV Act, 2005 grants monetary relief. Claims may be pursued under more than one provision, but courts take amounts already awarded into account so relief is adjusted, not duplicated.

Do matrimonial cases in Delhi go to mediation?

Frequently. Family Courts in Delhi refer suitable matrimonial disputes to court-annexed mediation centres, where trained mediators help the parties explore settlement of divorce, maintenance, custody and cross-litigation together. A mediated settlement is recorded before the court and becomes binding. If mediation fails, the case simply returns to the court for adjudication on merits.

Which courts in Delhi hear matrimonial cases?

Petitions under the Hindu Marriage Act, the Special Marriage Act and the Family Courts Act are heard by Family Courts sitting in the Delhi district court complexes — including Tis Hazari, Saket, Dwarka, Rohini, Karkardooma and Patiala House — depending on territorial jurisdiction. Appeals from Family Court decrees lie to the High Court of Delhi.

What should a party bring to a first consultation?

Useful papers include the marriage certificate or proof of marriage, any court notices or petitions received, copies of earlier orders, a brief written chronology of events, details of income and assets of both spouses, and particulars of children. Where an FIR or complaint exists, its number and police station help the chamber assess the full picture quickly.