Gurugram · Divorce & Family · Family Court

Divorce and Family Lawyer in Gurugram (Gurgaon) — Mutual and Contested Divorce, Maintenance, Custody, 498A

Last updated: 2 October 2026 · Reflects the BNS/BNSS, 2023 · By Advocate Manish Sharma · General legal information, not legal advice

In short: Divorce, maintenance and custody cases in Gurugram are heard by the Gurugram Family Court; domestic violence applications by the Magistrate; and cruelty complaints under Section 85 BNS begin with the police women's cell. Advocate Manish Sharma takes Gurugram family matters from the Faridabad chamber.

This page covers which Gurugram court hears a family matter, mutual and contested divorce, maintenance and alimony, custody, domestic violence and dowry complaints, court marriage, and what to bring.

Family court lawyer in Gurgaon — where can the case be filed?

Under Section 19 of the Hindu Marriage Act, a divorce petition can be filed where the marriage was solemnised, where the respondent lives, where the couple last lived together, or where the wife lives if she is the petitioner. A couple whose matrimonial home was in DLF, Sohna Road or New Gurugram therefore files at the Family Court, Gurugram. A wife who has moved to Faridabad or Delhi may file there instead.

Mutual divorce in Gurugram — the two-motion track

Separation: the spouses must have lived separately for at least one year.
Settlement terms on alimony, stridhan, custody and the withdrawal of other cases are written down first.
First motion under Section 13B(1): both appear and statements are recorded.
Second motion after six months. The court may waive this period where the conditions laid down by the Supreme Court are met.
Decree of divorce.

Contested divorce runs on the grounds in Section 13, such as cruelty, desertion for two years and adultery, through pleadings, evidence and arguments, usually with a mediation referral. See mutual divorce documents.

Maintenance and alimony in Gurugram

Claim	Law	Forum
Monthly maintenance for wife, children or parents	Section 144 BNSS	Family Court
Interim maintenance and litigation costs during divorce	Section 24, Hindu Marriage Act	Family Court hearing the divorce
Permanent alimony	Section 25, Hindu Marriage Act	Family Court, with or after the decree
Monetary relief for domestic violence	Section 20, DV Act	Magistrate

Both spouses file an affidavit of assets and liabilities in every maintenance case, so income and property are disclosed on oath. See how maintenance is calculated.

Child custody, domestic violence and dowry complaints

Custody: guardianship petitions under the Guardians and Wards Act, 1890, and custody during divorce under Section 26 HMA, go to the Family Court, Gurugram. The child's welfare is the deciding test, and legal and physical custody can be split. Domestic violence: an application under Section 12 of the DV Act, 2005 seeks protection, residence and monetary orders from the Magistrate. Cruelty and dowry: a complaint under Section 85 BNS (earlier 498A IPC) and the Dowry Prohibition Act usually goes first to the women's cell for counselling, then to the Magistrate. The chamber acts for the wife, or separately for the husband's family where allegations are disputed, never for both. See 498A defence guide.

Court marriage and protection

Under the Special Marriage Act, 1954, notice is given to the Marriage Officer of the district where either party has lived for 30 days, and the marriage is solemnised after the 30-day notice period. Couples facing threats can seek police protection and, if needed, a protection order from the High Court; see court marriage and live-in and protection petitions.

Gurugram, Faridabad or Delhi — which court?

Gurugram and Faridabad are both in Haryana and share the Punjab & Haryana High Court, while Delhi has its own. A dispute that touches two cities, for example a Delhi marriage with a Gurugram home, or a Gurugram company paying a Faridabad vendor, can often be filed in more than one place. The deciding facts are where the cause of action arose, where the parties live, and, for cheques, where the payee banks. See Delhi or Haryana — which court?.

How to choose an advocate for this matter in Gurugram

Enrolment: ask for the enrolment number and State Bar Council. Under Section 30 of the Advocates Act, 1961 an enrolled advocate may appear in any court in India.
Forum presence: check appearances before the court concerned on the eCourts portal.
Candour: a reliable advocate tells you the weak points of the file, not a promised result.
Written terms, stage by stage; costs are explained in the lawyer fees guide.

Rule 36 of the Bar Council of India Rules forbids any advocate from claiming to be the "best", "top" or "No. 1" in Gurugram. Those words in a search are best answered by the tests above.

First consultation in a Gurugram family matter — what to bring

Marriage certificate or photographs, addresses of both spouses since marriage, children's details, income proof, a list of stridhan and gifts, any complaint, FIR or notice, and earlier court orders.

Frequently asked questions

Where is a divorce case filed for a couple from Gurugram?

At the Family Court, Gurugram, if the couple last lived together in Gurugram or the respondent lives there. A wife petitioner may also file where she now lives, such as Faridabad or Delhi.

How long does mutual divorce take in Gurugram?

At least six months between the first and second motions, unless the court waives that period. The one-year separation must be complete before the first motion.

Who decides child custody in Gurugram?

The Family Court, Gurugram, under the Guardians and Wards Act or Section 26 of the Hindu Marriage Act. A Magistrate can make temporary custody orders under the DV Act.

Is the women's cell meeting compulsory in a 498A complaint in Gurugram?

Complaints are usually referred to the women's cell for counselling before an FIR. Attending helps both sides put their version on record, and the cell's report often shapes what follows.

Can maintenance be claimed in Gurugram if the husband lives in another city?

Yes. Under Section 144 BNSS the wife may file where she lives, so a wife living in Gurugram can claim there even if the husband lives elsewhere.