These notes are written for litigants and for younger members of the Bar. They explain procedure as it operates in the Delhi courts — the sequence of steps, the timelines that matter, and the points at which a matter is commonly lost. They are general information, not advice on any particular case.
Maintenance for Parents: Section 144 BNSS and the Senior Citizens Act
Two statutory routes for ageing parents — court-ordered maintenance under Section 144 BNSS and the faster Tribunal remedy under the 2007 Act, including the Section 23 power to void conditional property transfers.
Read → 21 August 2026 · Matrimonial & FamilyPermanent Alimony Under Section 25 of the Hindu Marriage Act
Who can claim permanent alimony, what courts weigh, lump sum versus monthly payments, and how orders are varied or rescinded on changed circumstances or remarriage.
Read → 21 August 2026 · Matrimonial & FamilyDesertion as a Ground for Divorce: What Section 13(1)(ib) Actually Requires
Two years of separate living is not enough — desertion requires factum, animus, absence of cause and consent, and can be interrupted by a genuine offer to return. How the ground is pleaded and proved.
Read → 21 August 2026 · Matrimonial & FamilyAnnulment Under the Hindu Marriage Act: Void and Voidable Marriages
Sections 11 and 12 HMA — bigamy, prohibited degrees, fraud, non-consummation and concealed pregnancy, the one-year limits, and the legitimacy of children under Section 16.
Read → 20 August 2026 · Matrimonial & FamilyResidence Orders under the DV Act – Advocate Manish Jha
Section 17 of the Domestic Violence Act, 2005 gives every woman in a domestic relationship the right to reside in the shared household, irrespective of title. An explainer on residence orders under Section 19, interim relief under Section 23, and why possession — not ownership — is what these orders protect.
Read → 20 August 2026 · Matrimonial & FamilyAppeals under Section 29 of the DV Act – Advocate Manish Jha
How orders under the Domestic Violence Act are challenged: the Section 29 appeal to the Court of Session within thirty days of service, the position on stay and condonation of delay, and the routes to the High Court thereafter.
Read → 20 August 2026 · Matrimonial & FamilyEnforcing Maintenance Orders in Delhi – Advocate Manish Jha
What follows when a maintenance order is not obeyed: warrants, recovery as a fine and imprisonment under Section 144(3) BNSS, execution of Hindu Marriage Act orders as decrees, and direct payment by an employer under the DV Act.
Read → 20 August 2026 · Matrimonial & FamilyAffidavit of Assets in Maintenance Cases – Advocate Manish Jha
Since Rajnesh v. Neha made financial disclosure mandatory in maintenance proceedings, the affidavit of assets, income and expenditure decides most cases. What it must disclose, the recurring failure patterns, and the documents to annex.
Read → 20 August 2026 · Matrimonial & FamilyCruelty as a Ground for Divorce – Advocate Manish Jha
What cruelty means under Section 13(1)(ia) of the Hindu Marriage Act, 1955: physical and mental cruelty, the cumulative course-of-conduct test, recognised patterns, pleading and proof, and condonation.
Read → 20 August 2026 · Matrimonial & FamilyTransfer of Matrimonial Cases – Advocate Manish Jha
Where matrimonial petitions can be filed, and how a pending divorce, maintenance or custody case can be transferred - within Delhi under Section 24 CPC, and between States by the Supreme Court under Section 25 CPC or Section 446 BNSS.
Read → 19 August 2026 · Matrimonial & FamilyInterim Maintenance: Not Income Alone – Advocate Manish Jha
In Ashutosh Rai Asthana v. Yamita Rai Asthana (CRL.REV.P.(MAT.) 122/2024, decided 11 August 2026), the Delhi High Court reduced interim maintenance from ₹30,000 to ₹25,000, holding the quantum cannot rest solely on the husband's income while ignoring the wife's qualifications, income and assets.
Read → 15 August 2026 · Matrimonial & FamilyChild Custody in Delhi Family Courts – Advocate Manish Jha
A practice guide to guardianship and custody petitions in the Delhi Family Courts: statutes, jurisdiction, interim visitation, counselling and mediation, evidence, final orders and appeals.
Read →What Is Covered Here
The chamber writes on the areas in which it appears: criminal procedure under the Bharatiya Nagarik Suraksha Sanhita, 2023, bail practice, matrimonial and family proceedings before the Delhi Family Courts, cheque dishonour and recovery, and proceedings before the NCLT and the Motor Accident Claims Tribunals. Notes on reported judgments of the Supreme Court of India and the High Court of Delhi are published with a link to the official text of the decision, so that a reader can verify the position rather than rely on a summary.
No article on this page identifies a client or discusses a pending matter conducted by the chamber. Where a statutory provision is cited, the section number is given so that a reader can verify it against the bare Act.