Law Firm In Delhi, India

Divorce & Family Lawyer

Divorce & Family Law Firm In Delhi India

Divorse & Family Law Litigation proceeding by a party or parties against another in the civil court of law. procedure involves Pleading, Pretrial discovery, Resolution, Appeal, Enforcement. Need Legal expert services on Divorce and Family matters? Contact registered practitioner advocate at +91 99112 32024, 011-26532129 or email us at [email protected] for brief description of your legal issue.

Area Of Practice

Family Law Practice
Family Law Firm In Delhi, India

We offer our clients a holistic service approach in respect to their family law matters (which includes access to our network of psychologists, mediators and/or social workers). We will guide you through the process and advise you on each and every step of the way from beginning to end. Each client’s situation is unique requiring a tailored and bespoke approach.
Formulating strategy.
  • Assistance in seeking urgent interim reliefs from courts and tribunals.
  • Documentation and representation in domestic and international commercial arbitration, within and outside India.
  • Assistance in mediation and settlement processes between parties.
  • Assistance in setting aside or execution of Awards.
Family Lawyer in Delhi
SJG &  Associates experience includes advising on all aspects of: restitution of conjugal rights, 498a allied criminal code proceedings, annulment of marriage, mediation & counselling, divorce maintenance, nri legal services, mutual consent divorce, judicial seperation, child custody
Best Family Law Firm In Delhi India
Consultancy | Legal Advice | Litigation | Follow Up
End to End Family Law services:- marriage, divorce, inheritance etc.
Best Divorce Law Firm In Delhi India
Consultancy | Legal Advice | Litigation | Follow Up
End to End Divorce law services:- Divorce with Mutual Consent, Dissolution of Marriage (Divorce without Mutual Consent), Petition for Decree of Nullity, Juridical Separation, Alimony, Property Settlements, Child custody.

Area Of Practice

Divorce Law Practice
Divorce Law Firm In Delhi, India

The Indian Divorce Act was drafted into the Indian legal system in the year 1869. In India divorce rules and procedure varies according to the community of the couple. As stated above divorce among Christians is governed by the Indian Divorce Act, 1869, Hindus, Buddhists, Sikhs and Jains by the Hindu Marriage Act, 1955, Muslims by the Dissolution of Muslim Marriages Act, 1939, Parsis by the Parsi Marriage and Divorce Act, 1936 and the civil and inter-community marriages by the Special Marriage Act, 1956. The State of Jammu and Kashmir is excluded under the ambit of this divorce Act, though residents domiciled in other states but residing in Jammu and Kashmir would qualify for these rules and provisions.

Formulating stategy.

  • Divorce with Mutual Consent
  • Dissolution of Marriage (Divorce without Mutual Consent)
  • Petition for Decree of Nullity
  • Juridical Separation
  • Alimony
  • Property Settlements
  • Child custody
Top Divorce Lawyer Delhi India

Family lawyer / Divorce Lawyer / Domestic Violence Lawyer Services
Legal Expert Advice & Law Matters Services in Delhi, India

SJG focus is more on acquiring a comprehensive understanding of the clients’ business, culture and needs to provide them the best tailor-made solution & assistance in legal matters like-

Mutual Consent Divorce

Mutual Consent Divorce was brought by the Indian Parliament vide Amendment in the year 1976 in the Hindu Marriage Act. It has brought relief. We recommend that mutual divorce is a better option compared to the contested divorce. It saves time, energy, money, and avoidable toxicity.

Contested Divorce

Contested Divorce requires experience and lateral approach. Contested Divorce implies party desirous of divorce approach the concerned Family Court for the dissolution of marriage. Spouse seeking divorce has to take one of the grounds provided under the law of for contested divorce.

Annulment of Marriage

Annulment of marriage is moved on certain grounds specified in various matrimonial laws. Section 12 of the Hindu Marriage Act lays down the grounds on which petition for annulment can be filed.


This is an integral part of all matrimonial proceedings. Application for maintenance can be moved by either of the spouses who do not have sufficient means to maintain him/her self.

Child Custody

Child custody law and its genre visitation rights are germane in divorce cases. Child Custody is the most important and complex issue. In Court room, its like battle line are drawn and both the parties are not ready to loose even an inch. It appears as if through the medium of child custody, both the spouses want to establish the guilt and fault of the other party.

Domestic Violence Lawyer

Domestic Violence law in India is governed by an Act of the Parliament i.e.Protection of Women from Domestic Violence Act, 2005. It provides variety of rights to women victim of Domestic Violence.

498A & allied criminal proceedings

498A |Dowry| Anticipatory Bail are part and parcel of a matrimonial dispute. Let us understand the meaning and implementation part of 498A, Dowry & Anticipatory bail in the same context.

Judicial Separation

Judicial Separation is generally a step towards divorce. Section 10 of the Hindu Marriage Act provides grounds for judicial separation. It is akin to grounds for divorce.

Restitution of Conjugal Rights

It is another important remedy provided by law to the spouses. In cases, where one party leave the company and society of the other spouse, then a case for restitution of conjugal rights can be filed in the Court.

Transfer Petition in Supreme Court

Transfer Petition in Supreme Court can be filed when the case is sought to be transferred from the Jurisdiction of one High Court to another jurisdiction of another High Court. For example, the Husband had instituted a divorce case in Pune while the wife is living in Delhi.

Restitution of Conjugal Rights

It is another important remedy provided by law to the spouses. In cases, where one party leave the company and society of the other spouse, then a case for restitution of conjugal rights can be filed in the Court.

Transfer Petition in Supreme Court

Transfer Petition in Supreme Court can be filed when the case is sought to be transferred from the Jurisdiction of one High Court to another jurisdiction of another High Court. For example, the Husband had instituted a divorce case in Pune while the wife is living in Delhi.

Divorce Petition Drafting

Divorce Petition, contested divorce cases Half of the battle is won on the basis of the sound drafting of the Divorce Petition. We use all of our divorce expertise in drafting of the Petition and lay a strong foundation for the entire contested divorce case.

Counseling & Mediation

Matrimonial disputes are related with emotions, feelings, ego, and psychological reasons. You would not deny that most difficult thing is to predict the nature and behavior of other human being. We all have tendency of assuming that what we are doing and thinking is correct while others are not doing right.

Foreign Divorce

Divorce itself is complicated. Complication compounds and aggravate when it involves Indian Law of Divorce and Foreign Divorce and issues arising out of the same.

NRI Legal Services

‘Non-Resident Indians (NRI) Divorce Lawyers’ are the need of time. 18 million Indians are living abroad. This is the highest in the world. Divorce itself is complicated.


Our unique, efficient and adept handling of divorce and annulment cases related to NRI over more than a decade has made as a natural choice for representing NRI divorce cases in India.

We have served:
Government and Public sectors, National and International Enterprises, Societies, NGO’s, MNC’s, Financial Institutions & Banks, Telecom, IT, FMCG, Telecom, E-commerce, Electronics, Energy and Consumer durables category,  NRI’s and private individuals.

Represent the client in a court of law:
Supreme Court, High Courts, Civil & Commercial Courts, DRT & DRAT, RERA & RERA Appellate, Domestic Arbitration, Consumer Courts, NCLT & NCLAT.

Take Action

Need Legal Advice or Assistance Online on Family Law & Practice?

The law firm of Advocate Dr. Swati Jindal is basically a Delhi based fully independent & civil litigation law chamber enthusiastic to deliver legal services to both of its domestic & international clients. Our firm is well-equipped with a resourceful & versatile team of the Top Lawyer for Family Cases in Delhi, India.


60/4 1st Floor, T&T Building, Indian Oil Complex, Yusuf Sarai, New Delhi, Delhi 110016


+91 99112 32024


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Divorce & Family Law Law Firms in Delhi India

Trusted Law Service for any Sector

Swati Jindal Garg & Associates

Divorce & Family Law Firm In Delhi, India.

Swati Jindal Garg & Associate is one of the Delhi based fully independent & leading law firm in India. Have the most experienced and professional in their respective jurisdictions. SJG combine in-depth knowledge with an efficient, solution-oriented approach. From preliminary legal advise to litigation, from civil law to case law. They fully cover all the main areas required of the legal profession for their demanding international clientele, for corporate or private clients alike. Civil laws in India include: Family Law, Administrative Law, Contract Law, Tort Law, Business Law, Media Law, Intellectual Property Rights, Sports Law, Tax Law, Consumer Law.

Frequently Asked Questions on Divorce & Family Law Matters
Family lawyer / Divorce Lawyer / Domestic Violence Lawyer Services

How does the court determine child custody?

There are many different factors which are taken into consideration when the court makes a decision about the custody of your children such as living situation, proximity to other family and schools, and income of each parent. First and foremost, a judge will determine a custody arrangement that best fits the child’s best interests.

This means that unless there are extreme circumstances that warrant a need for the child to be separated from one parent, a judge will typically favor joint custody arrangements. These circumstances can include any history of abuse, drug or alcohol use, and mental or physical health issues. The bottom line is that your children’s interests are always protected.

How does the court determine child support?

In the same thread as child custody, child support is typically determined to protect the best interests of the child. Judges will weigh a number of factors, namely the ability of one parent to support the child and the financial status of the other. Additional factors that will be considered include any special education needs of the child, the physical or mental health of the child or either parent, and the credentials or ability of the recipient to obtain work.

How can I enforce child support?

If a noncustodial parent falls behind on child support payments, you do have options for enforcing it, but they must be carried out through the court. The court can use various methods to collect any back child support payments. These methods can include income withholding, wage garnishment, interception of tax refunds, liens or attachments to property. Additionally, a court can take punitive actions if these methods are unsuccessful which include license suspension, passport denial, and even possible jail time.

Should I put together a prenuptial agreement?

It is the personal choice of you and your spouse if you would like to draft a prenuptial agreement, but it can be very beneficial to put down the terms of what will happen to your assets, property, or children should you ever divorce

How long does the divorce process take?

Every divorce case takes a different length of time, depending on the unique circumstances. This will likely depend on how many issues are contested and how quickly you and your spouse can come to agreements. The most common factors that affect the length of the process include the ability for you to cooperate with your spouse, honesty about existing assets, openness to negotiations, and willingness to make sacrifices. Stubbornness, evasion, and animosity can hurt the process and cost more time and more money.

What can I do if my wife has left my house without any reason?

When a person’s spouse leaves them without any reason, they can find remedy under section 9 of the Hindu Marriage Act, 1955. This section allows the aggrieved person to file a petition for the restitution of conjugal rights, in which case the court endevours to bring the erring spouse back to the matrimonial house and lead a normal married life.

My husband lives in Delhi and I live in Punjab. Where can I file a divorce case?
As per the law in India, a divorce case can be filed either in Delhi, or in Punjab, or in the place where the individuals got married. 
According to Sec. 19 of Hindu Marriage Act. Such cases can be filed at following places
(i) the marriage was solemnized, 
(ii)   the respondent,   at   the   time of   the presentation   of   the petition, resides, (iii) the parties to the marriage last resided together, or 
(iii­a) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or 
(iv) the petitioner is residing at the time of the presentation of the petition,
 in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.
What legal remedies do I have if my husband is having an affair with another woman?

Even though adultery has been decriminalized under the Indian Penal Code, it remains a strong ground for divorce. Section 13(1)(i) of the Hindu Marriage Act lays down that if a person’s spouse is found to have had sexual intercourse with anyone other than their spouse, they have committed adultery and the aggrieved spouse can file for divorce on this ground.The court also ruled that a person indulging in phone sex with someone outside marriage does not come under the ambit of adultery; but it would be construed as infidelity.

What criminal action can I take if my husband rapes me?

Unfortunately, the Indian law does not as yet recognize marital rape as an offence and there is no legal recourse for the same, however the wife can file a complaint based on grounds of cruelty, unnatural sex and grevious hurt in the courts of law in order to get redressal.

How can I file for divorce mutually?

When you and your spouse have amicably resolved terms of separation to part ways, you can dissolve the marriage by filing a mutual consent divorce petition (under Section 13B of the Hindu Marriage Act, 1955) (under Section 28 of the Special Marriage Act, 1954) before the Family Court.

How to get my marriage registered? How to get a marriage certificate?

You can apply at the office of the Sub-Divisional Magistrate in whose jurisdiction the husband or wife resides on any working day. Fill the Application form duly signed by both husband and wife. Verification of all the documents is carried out on the date of application, two witnesses from both sides duly sign the form and a day is fixed for the appointment and communicated to the parties for registration.

How can I get my Stri Dhan back?
In order to retrieve stridhan, a woman can file a complaint against her husband and/or in-laws under section 406 of the IPC.
Application u/s. 405 of IPC
Application under allied laws
A woman’s right to her Streedhan is protected under law. S. 14 of the Hindu Succession Act, 1956 R/w S. 27 of the Hindu Marriage Act, 1955 make a female Hindu an absolute owner of such property.
S. 12 of the Domestic Violence Act, 2005 provides for women’s right to her Streedhan in cases where she is a victim of domestic violence. 
Sec 18(ii) of the Domestic Violence Act the law says that a woman is entitled to receive the possession of the Streedhan, jewelry, clothes, and other necessary items. 
Where to file domestic violence complaints against in-laws?

In case a woman has been subjected to domestic violence at the hands of her husband and/or in-laws, she can approach the nearest police station and file a complaint under section 498A of the IPC.

Does a wife get residence protection/right to shared household under the Domestic Violence Act?

When a domestic violence complaint has been lodged, the victim retains a right of residence and cannot be forced to leave her house/premises even if it is a shared household.

What to do if my husband/ wife does not want any child?

No spouse can be forced to have a child against his/her wishes. Mutual consent is imperative and must be sought in order to procreate, however, not consenting to have a child without any reasonable excuse may amount to cruelty and can be taken up as a ground for divorce.

Can divorce be claimed if the spouse is caught sexting?

The Indian courts have ruled that a person indulging in phone sex with someone outside marriage does not come under the ambit of adultery; but it would be construed as infidelity. If the sexting by wife is considered as an act which causes mental harassment to husband and this mental harassment or cruelty is proven to be a good enough ground for breaking the marriage between both, then that may be taken into consideration by the Family Court for divorce on the ground of cruelty but definitely not on the ground of adultery as explained above.

Can I claim gifts given by husband's relatives as my stridhan?

Answers –  Streedhan is a movable or immovable property that a woman receives during her lifetime such as, prior to marriage, during the marriage, etc. A woman has a right to her streedhan and this right is provided by S.14 of the Hindu Succession Act,1956 and S.27 of the Hindu Marriage Act,1955. “A Hindu woman is an absolute owner of her streedhan and can deal with in any way she likes even if it is in custody of her in-laws or husband or any other person, they are bound by law to return such property when and if demanded by her.” When they refuse to give it back, she may also be liable for the criminal offence of ‘criminal breach of trust’ U/S 405&406 IPC,1860.

Expert legal advice & Representation across India

Lawyers of Swati Garg & Associates have the experience which offers excellent representation in the court of law; taking you through the complete procedure of litigation from filing your case to appeal processes.

We provide services in person through our offices in Delhi and virtually around major cities of India and world.

Swati Garg & Associates has offices and associates in entire India to handle and effectively defend litigations in various prominent courts & Tribunals and forums of India. The prominent courts & Tribunals are Supreme Court of India (SC), Different High Courts in India (HC), National Company Law Tribunal (NCLT), National Company Appellate Tribunal (NCLAT), Competition Appellate Tribunal (CAT), Excise and Service Tax Appellate Tribunal (CESTAT), Income Tax Appellate Tribunal (ITAT), National Green Tribunal (NGT), Authority of Advance Ruling (AAR) and more.

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