Overview
Matrimonial disputes are emotional and procedural minefields. We handle them with empathy and tactical clarity — under the Hindu Marriage Act, Special Marriage Act, Indian Divorce Act, Muslim Personal Law and the Protection of Women from Domestic Violence Act.
Family Courts in Delhi (Patiala House, Karkardooma, Saket, Tis Hazari, Rohini, Dwarka) handle thousands of matrimonial matters annually. Our team has appeared in mutual consent divorces, contested divorces (cruelty, desertion, adultery), maintenance proceedings under Section 125 CrPC and the DV Act, and complex custody and guardianship matters.
For NRI clients, we advise on jurisdictional issues, anti-suit injunctions, parallel proceedings, and recognition of foreign decrees — applying the Y. Narasimha Rao framework and subsequent Supreme Court guidance.
Practice Areas
- Mutual consent & contested divorce
- Maintenance under Section 125 CrPC, HMA Section 24 & 25, DV Act
- Custody & guardianship of minor children
- Restitution of conjugal rights, judicial separation & nullity
- Domestic Violence Act protection orders & monetary relief
- NRI matrimonial disputes — jurisdiction, anti-suit injunctions, Hague Convention
- Pre-nuptial discussions, separation agreements & MoU drafting
Mutual Consent Divorce — Streamlined Workflow
Section 13B HMA / 28 Special Marriage Act allows divorce by mutual consent. The cooling-off period (6 months) can be waived in deserving cases per Amardeep Singh v. Harveen Kaur. We typically conclude mutual consent divorces in 4–8 months including drafting of settlement deed, first motion, second motion and decree.
Contested Divorce — Grounds and Strategy
- Cruelty (mental and physical) — Sections 13(1)(ia) HMA and equivalent
- Desertion — continuous abandonment for 2+ years
- Adultery — civil consequence under HMA after Joseph Shine criminalisation removal
- Conversion, mental disorder, virulent disease — specific grounds
- Irretrievable breakdown — accepted in select Supreme Court rulings as discretionary ground
Maintenance — A Multi-Forum Landscape
Maintenance can be claimed under Section 125 CrPC (any wife, child, parent), Section 24 HMA (interim, during divorce), Section 25 HMA (permanent alimony), Section 18 of the DV Act (monetary relief), and the Hindu Adoption and Maintenance Act 1956. The forums often work in parallel. We manage them strategically to secure adequate relief while avoiding multiplicity.
NRI and Cross-Border Matrimonial Matters
NRI cases involve unique issues — anti-suit injunctions to prevent foreign proceedings, recognition of foreign decrees under Section 13 CPC and Y. Narasimha Rao, Hague Convention principles for child abduction, passport impounding, and Look Out Circular issues. We have handled multi-country matrimonial matters spanning UAE, UK, Singapore and Australia.
Statutes & Regulations
Key laws governing this practice.
Who This Is For
Audiences we typically advise in this area.
- Spouses considering divorce — mutual or contested
- Wives seeking maintenance and protection orders
- Husbands defending against false DV / 498A allegations
- Parents in custody and visitation disputes
- NRIs facing parallel proceedings or foreign decrees
Recent Outcomes
Anonymised matter highlights.
Mutual Consent Divorce in 4 Months with Cooling-Off Waiver
Spouses with comprehensive settlement deed (custody, alimony, property). Cooling-off waiver granted under Amardeep Singh principles; decree pronounced in record time.
Foreign Decree Recognition Defended
NRI husband sought to enforce US divorce decree in India to bar wife's parallel maintenance claim. Defended successfully under Section 13 CPC — held foreign decree obtained without participation could not bar Indian proceeding.
Outcomes are matter-specific. Past results are not a guarantee of future performance.
Why K & K
Strategic differentiators in this practice.
- Strict confidentiality protocols.
- Mediation-first wherever possible to protect family peace.
- Cross-border experience with NRI clients.
- Patiala House, Saket and Karkardooma Family Court appearance experience.
Frequently Asked
Questions our clients ask first.
Serving Delhi NCR & Beyond
Our office at A-197, LGF, Defence Colony, New Delhi 110024 is the operating base for clients across Delhi NCR — Gurgaon, Noida, Faridabad, Ghaziabad — and pan-India through a vetted local-counsel network. We routinely appear at Saket, Patiala House, Tis Hazari, Karkardooma, Rohini and Dwarka District Courts; the Delhi High Court; and the Supreme Court of India.
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