Tis Hazari Family Court, Delhi: Divorce, Maintenance, Child Custody & Jurisdiction Guide 2026

Tis Hazari Courts houses Family Courts dealing with matrimonial disputes connected with Central and West Delhi. Official Delhi District Courts material identifies Family Court establishments for these districts at Tis Hazari. The correct filing forum nevertheless depends on the statutory jurisdictional facts of the particular case.

Family Court jurisdiction at Tis Hazari

Section 7 of the Family Courts Act, 1984 gives Family Courts jurisdiction over matrimonial relief, marital-status declarations, certain property disputes arising out of marriage, maintenance, guardianship, custody and access. Section 9 requires the court to make settlement efforts where circumstances permit.

Where can a divorce petition be filed?

For Hindu marriages, Section 19 of the Hindu Marriage Act, 1955 governs territorial jurisdiction. Depending on the facts, a petition may be presented where the marriage was solemnised, where the respondent resides, where the parties last resided together, and in specified circumstances where the wife resides on the date of filing.

Contested divorce

Section 13 HMA contains the statutory grounds for divorce. A contested case should plead material particulars rather than conclusions. Depending on the ground relied upon, evidence may include communications, medical records, financial records, witness testimony, travel records, prior complaints and electronic material proved in accordance with law.

For the procedural stages, see Family Court Procedure in India.

Mutual consent divorce

Section 13B HMA permits divorce by mutual consent where statutory requirements are fulfilled. Settlement terms should comprehensively address alimony, return of articles, property and loans, custody and visitation, child expenses, pending proceedings and the timing of payment obligations.

The six-month period may be waived in an appropriate case in accordance with Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746, but waiver is discretionary and fact-dependent.

Related guide: Mutual Consent Divorce in India.

Maintenance at Tis Hazari

Maintenance claims may arise under Section 24 HMA, Section 25 HMA, Section 144 BNSS and Section 20 of the Protection of Women from Domestic Violence Act, among other provisions. Each statute has a distinct legal framework.

In Rajnesh v. Neha, (2021) 2 SCC 324, the Supreme Court laid down a structured disclosure regime for maintenance litigation. Parties should prepare complete and accurate disclosure of income, assets, liabilities, dependants, property, bank accounts and child-related expenditure.

See Maintenance Case Guide: Section 144 BNSS, Section 24 HMA and DV Act.

Child custody and guardianship

Section 26 HMA permits custody, maintenance and education orders in matrimonial proceedings. Separate guardianship matters may arise under the Guardians and Wards Act, 1890 and applicable personal law. The child’s welfare is paramount.

Courts commonly consider continuity of schooling, caregiving history, age, emotional bonds, safety, parental availability and the feasibility of regular access. Interim arrangements can be revisited as circumstances change.

Mediation at Tis Hazari Courts

Delhi District Courts maintains a mediation centre at Tis Hazari. Mediation is frequently relevant to divorce settlements, parenting plans, maintenance and coordinated closure of connected cases. Settlement drafting should avoid vague expressions such as “reasonable access” where an exact schedule can be recorded.

E-filing and court allocation

Family Court matters in Delhi are covered by the Delhi District Courts e-filing system. The current roster, court number and administrative allocation should be verified before filing because allocations can change.

Documents commonly required

• marriage certificate or proof of marriage;
• identity and address proof;
• jurisdiction documents;
• children’s birth and school records;
• income-tax returns, salary slips and bank statements;
• property and tenancy papers where relevant;
• electronic communications relied upon;
• copies of earlier court proceedings and orders;
• settlement or mediation documents; and
• a date-wise chronology.

Appeals from Family Court orders

Section 19 of the Family Courts Act contains the appeal framework, subject to its statutory qualifications. The maintainability and limitation of a challenge depend on the nature of the order and the provision under which it was passed. An interlocutory order may not be appealable merely because it affects the parties significantly.

Frequently asked questions

Authoritative sources

• Delhi District Courts
• Delhi District Courts e-Filing
• Family Courts Act, 1984
• Hindu Marriage Act, 1955

Firm & Correspondence Information

Disclaimer

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