Tanuj & Associates — Court Marriage & Divorce Lawyers

Practice Areas

Comprehensive Divorce & Family Law Practice

From fast-track mutual separations to complex contested litigation, we provide strategic legal representation before Family Courts across Delhi NCR.

Mutual Consent Divorce

Swift execution of First and Second Motion joint petitions under Sec 13B HMA & Sec 28 SMA with cooling-off period waiver assistance.

Contested Divorce Litigation

Strategic representation on grounds of cruelty, desertion, adultery, or mental health before District and Family Courts.

Alimony & Maintenance

Legal guidance on interim monthly maintenance (Sec 125 CrPC / BNSS) and fair permanent alimony settlements for both parties.

Child Custody & Visitation Rights

Child-centric representation for guardianship disputes, joint physical custody, and structured weekend/vacation visitation rights.

Divorce Settlement Agreements

Drafting legally binding Memorandums of Understanding (MoU) for peaceful asset, debt, and Stridhan resolution.

Property & Asset Division

Fair division of marital property, joint financial holdings, bank accounts, and liabilities under applicable personal laws.

Domestic Violence & 498A Defence

Legal support for Domestic Violence (DV Act) cases, protection orders, and defense against false 498A dowry harassment claims.

Divorce Mediation & Counselling

Structured out-of-court mediation to resolve matrimonial disputes amicably without lengthy litigation.

Legal Separation & Judicial Separation

Assistance with Section 10 HMA judicial separation proceedings when immediate dissolution of marriage is not desired.

Procedure

Mutual Consent Divorce Timeline (Section 13B HMA)

The structured 5-step process to dissolve a marriage amicably with complete legal finality.

Settlement Agreement (MoU) & Jurisdiction Check

We draft a comprehensive Memorandum of Understanding covering permanent alimony, child custody terms, property division, return of Stridhan, and withdrawal of pending litigation.

Step 1

Filing Joint Petition (First Motion)

The joint petition is submitted to the Family Court having jurisdiction. Statements of both spouses are recorded under oath.

Day 1 to 15

Statutory Waiting / Cooling-Off Period

A 6-month statutory waiting period is required by default. In qualifying cases under Supreme Court guidelines, we file applications to waive this waiting period.

6 Months (Waivable)

Second Motion & Final Hearing

Both spouses re-appear before the Family Court judge to confirm their consent and verify that all terms of the MoU have been fulfilled.

Final Hearing

Issuance of Final Divorce Decree

The Family Court passes the decree of divorce, legally dissolving the marriage with immediate effect.

Decree Issued

Advocate Tanuj Kumar outside Tis Hazari Court, Delhi

Bar Council Enrolled

Meet Your Advocate

Adv. Tanuj Kumar

Founder & Lead Advocate

Practising at Tis Hazari Court, Delhi, Tanuj personally oversees every client matter his firm takes on — from document checks for marriage registration to representation in family court litigation. Clients deal directly with him, not a rotating desk of assistants.

LLB & LLM, with 5+ years of active legal practice at Tis Hazari Court
Expertise in Court Marriage, Special Marriage Act & Arya Samaj Registration
Experienced Family Court Advocate handling Divorce, Custody & Alimony Litigation
Direct point of contact — call or WhatsApp him personally

← Back to Court Marriage Services

FAQ

Frequently Asked Questions on Divorce Law

What is the minimum period of separation required for mutual divorce?

Under Section 13B of the Hindu Marriage Act and Section 28 of the Special Marriage Act, the parties must have lived separately for a minimum continuous period of 1 year prior to filing the joint petition.

How long does a mutual consent divorce take in Delhi NCR?

With standard cooling-off periods, it takes 6 to 18 months. However, if an application for waiver of the 6-month cooling-off period is granted under Supreme Court guidelines, the decree can often be obtained within 30 to 90 days.

How is alimony or permanent alimony calculated in India?

There is no fixed statutory formula, but courts generally award 20% to 25% of the net monthly income of the supporting spouse for periodic maintenance. For a one-time lump-sum settlement, courts consider factors like length of marriage, living standards, assets, and future financial stability of both parties.

Who owns the property and Stridhan after divorce?

Properties purchased individually remain with the titled owner. Jointly owned properties are divided according to contribution or settled mutually. Stridhan (gifts, jewellery, and assets given exclusively to the woman before or during marriage) legally belongs solely to the wife and must be returned in full.

How is child custody decided in Indian Family Courts?

The sole paramount consideration for the court is the welfare of the child. Courts evaluate financial stability, emotional bonding, living conditions, and educational environment. Joint legal custody with defined visitation rights for the non-custodial parent is common in mutual settlements.

In which court can a divorce petition be filed?

A divorce petition can be filed at the Family Court having jurisdiction over the place where: the marriage was solemnized, the couple last resided together, or where the wife currently resides at the time of filing.

Can an NRI file for mutual divorce without coming to India?

Yes. NRIs can execute a Special Power of Attorney (POA) attested by the Indian Embassy/Consulate in their country of residence. The representative can file the petition on their behalf, and court appearances can be facilitated via video conferencing subject to court approval.

What happens if one partner refuses to give mutual consent?

If mutual consent cannot be achieved, the spouse seeking separation must file a contested divorce petition based on specific statutory grounds such as cruelty, desertion, adultery, or non-cohabitation under applicable personal laws.

Mon–Sat	09:00 AM – 05:00 PM
Sunday	By appointment only

Strategic legal counsel for divorce, custody, & matrimonial disputes.