Divorce in Sarita Vihar, Delhi: Maintenance, Domestic Violence, Residence & Child Custody Guide 2026

Current official material identifies Sarita Vihar with South-East Delhi, and South-East District court work is connected with Saket Courts. For matrimonial litigation, however, the competent Family Court must still be established from the governing statute and the actual jurisdictional facts.

Under Section 19 of the Hindu Marriage Act, 1955, relevant connecting factors may include where the marriage was solemnised, where the respondent resides, where the parties last resided together and, in circumstances recognised by law, where the wife resides on the date of presentation.

Divorce and domestic violence proceedings can overlap

A divorce petition and a proceeding under the Protection of Women from Domestic Violence Act, 2005 arise under different statutory frameworks and may proceed simultaneously. A DV case may involve protection, residence, monetary relief, temporary custody and compensation, while the divorce case addresses matrimonial relief under the governing personal law.

Where the factual narratives overlap, the pleadings should be reviewed together. Statements about the date of separation, matrimonial home, income, property, custody and earlier settlements should be internally consistent.

Maintenance under HMA, BNSS and the DV Act

Section 24 HMA concerns maintenance pendente lite and litigation expenses, while Section 25 deals with permanent alimony. Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a separate summary maintenance remedy, and Section 20 of the DV Act can provide monetary relief where its statutory requirements are fulfilled.

In Rajnesh v. Neha, (2021) 2 SCC 324, the Supreme Court laid down a structured disclosure framework and addressed overlapping maintenance proceedings, commencement and enforcement. Financial affidavits should be supported by salary records, tax returns, bank statements, business documents, rent, loans and recurring child or household expenses.

See Maintenance Cases & Financial Disclosure.

Residence rights and ownership are not the same

A residence claim under the DV Act does not by itself create ownership. Similarly, title in the name of a spouse, parent or other family member does not automatically determine whether the premises can qualify as a shared household.

The Supreme Court’s decision in Satish Chander Ahuja v. Sneha Ahuja, (2021) 1 SCC 414 is important to the interpretation of “shared household”. Courts may need to examine residence history, possession, title, domestic relationship and the exact relief sought.

Where alternate accommodation, rent or possession is sought, the interim application should state the legal basis and practical relief precisely rather than leaving the issue to general allegations.

Mutual consent divorce and closure of connected cases

Section 13B HMA permits divorce by mutual consent where statutory requirements are met. Where multiple proceedings already exist, a settlement should specify what happens to each case and at what stage.

A comprehensive settlement may address alimony, return of articles, residence, custody, visitation, school expenses, property or loans, payment milestones and the correct legal mechanism for closing each connected case. Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746 permits waiver of the six-month period in an appropriate case; waiver is not automatic.

See Mutual Consent Divorce in India.

Child custody and visitation

Section 26 HMA empowers the matrimonial court to pass interim and final orders concerning custody, maintenance and education of minor children. Separate proceedings may also arise under the Guardians and Wards Act, 1890. Welfare of the child remains paramount.

In Yashita Sahu v. State of Rajasthan, (2020) 3 SCC 67, the Supreme Court emphasised meaningful contact with the non-custodial parent where consistent with welfare. Interim arrangements should ideally specify weekends, school holidays, video calls, handover points, transport and travel permissions.

Contested divorce and electronic evidence

A contested divorce under Section 13 HMA must be founded on a recognised statutory ground and supported by material facts. Messages, emails, photographs, medical records, financial records, travel history and admissions in connected proceedings may become relevant depending on the case.

Electronic evidence should be lawfully obtained and proved in accordance with the Bharatiya Sakshya Adhiniyam, 2023. For the stages from petition through evidence and appeal, see Family Court Procedure in India.

Documents commonly required

• marriage certificate and identity records;
• documents proving territorial-jurisdiction facts;
• copies of DV, maintenance and criminal cases;
• income-tax returns, salary slips and bank statements;
• property, rent and residence documents;
• children’s school and medical records;
• communications and electronic evidence;
• earlier interim or final orders; and
• settlement and mediation records.

Frequently asked questions

Authoritative sources

• Delhi District Courts
• Delhi Traffic Police – South-East District
• Hindu Marriage Act, 1955 – India Code
• Protection of Women from Domestic Violence Act, 2005 – India Code

Author: Adv. Govind Bali, Fastrack Legal Solutions LLP.