HIMANSHI JAIN & ASSOCIATES
Advocates & Legal Consultants
Divorce & Family Lawyer in Delhi – Legal Support for Family Matters
Family disputes are rarely just legal — they are emotional, personal, and often deeply private. Our office handles divorce, maintenance, custody, domestic violence, and related family matters with confidentiality and without judgment.
Family matters are seldom about winning. They are about being heard, being protected, and finding a way forward — for yourself, and often for the people you love. Our role is to help you navigate the law while keeping that perspective at the centre.
- A note from Adv. Himanshi Jain -
AREAS WITHIN FAMILY LAW PRACTICE
Matters our office can assist with.
We handle the full range of matrimonial and family law matters under Indian personal laws, the Code of Civil Procedure, and special statutes.
(i)
Divorce - Contested
Petitions under Section 13 of the HMA on grounds including cruelty, desertion, and irretrievable breakdown of marriage. Representation in trial, evidence, and arguments before family court.
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Section 13, Hindu Marriage Act, 1955
(iii)
Maintenance
Maintenance petitions under Section 125 of the CrPC, and interim and permanent maintenance under Sections 24 and 25 of the HMA. Whether you are seeking maintenance or defending against an unfair claim.​​​​​​​
Section 125 CrPC · Sections 24/25 HMA
(v)
Domestic Violence
Petitions under the Protection of Women from Domestic Violence Act, 2005 — for protection orders, residence orders, monetary relief, and custody. Filed in confidence, with safety as the first concern.​
Protection of Women from Domestic Violence Act, 2005
(vi)
Restitution of Conjugal Rights
Petitions under Section 9 of the HMA, where one spouse has withdrawn from the company of the other without reasonable cause. Filed both for and against, depending on circumstances.
Section 9, Hindu Marriage Act, 1955
(ii)
Divorce - Mutual Consent
​Cooperative divorce filings under Section 13B of the Hindu Marriage Act, where both parties have decided to part ways and are willing to agree on terms. Often the least emotionally difficult path when reconciliation is no longer possible.
Section 13B, Hindu Marriage Act, 1955
(iv)
Child Custody & Guardianship
​Custody disputes, visitation rights, and guardianship matters under the Guardians and Wards Act, 1890 and the Hindu Minority and Guardianship Act, 1956. The welfare of the child remains the guiding principle.
Guardians and Wards Act, 1890
(vi)
Stridhan & Matrimonial Property
Recovery of stridhan (a woman's separate property in marriage), matrimonial property disputes, and proceedings to recover articles withheld at the time of separation.
Section 14, Hindu Succession Act, 1956
(vi)
Settlement & Mediation Support
Drafting of settlement agreements, mutual consent terms, and prenuptial-style understandings. Where both parties are willing, mediation often produces better outcomes than contested litigation.
Mediation under Section 89, CPC
HOW WE WORK
What our approach looks like
in practice.
Family law requires more than legal competence. The way matters are handled affects clients' lives long after the case is closed.
i
We listen before we advise
We receive more applications than we can take. A "no" doesn't mean your matter isn't important — it usually means we don't have the capacity to do it justice. We try to refer to legal aid services where possible.The first conversation is unhurried. You explain the situation in your own words, in Hindi or English. We don't interrupt with legal terms or rush you to a decision. The full picture matters before any course of action is recommended.
ii
Settlement, where possible.
Where both parties are willing — and especially when children are involved — we explore mutual consent and mediated settlement before litigation. Long, contested family cases damage everyone, including the petitioner. Sometimes the right legal advice is to find another way.
iii
Litigation, when needed.
When the other side is unreasonable, abusive, or unwilling to engage fairly — we litigate. Cases involving domestic violence, child custody, or unwilling spouses often have no settlement path, and we move firmly through the courts to secure your interests.
iv
No moral commentary.
You will not be lectured on what you should have done differently. Family decisions are personal. Our role is to advise you on the law and your options — not to evaluate your choices or impose a view.
v
Strict confidentiality.
What you share remains within our office. We do not discuss client matters outside professional channels. Sensitive documents — medical records, financial statements, personal correspondence — are handled with appropriate care.
vi
Direct communication.
You speak with Advocate Himanshi Jain directly. Updates come from the lawyer handling your matter. There are no junior handoffs, no third-party intermediaries managing your most personal information.
THINGS PEOPLE HESITATE TO ASK
Questions that come up
most often.
If you've been thinking about any of these, you are not alone.
POPULAR LEGAL QUESTIONS
Q I'm not sure if I want a divorce — is it too early to speak to a lawyer?
Not at all. Many people who reach out are not yet certain about their next step. A confidential conversation can clarify what your legal options would be — without committing you to any action. Sometimes understanding the law actually helps reduce anxiety, even if you decide to wait. Information is not the same as a decision.
Q If I file something, will my partner find out immediately?
This depends on what is filed. An initial consultation with us remains entirely confidential — your spouse is not informed simply because you spoke with a lawyer. Formal filings do involve serving notice on the other party, but the timing, manner, and what's filed first are all matters of strategy that we discuss carefully before any action is taken.
Q I am facing physical or emotional abuse. What can I do right now?
If you are in immediate physical danger, please call 112 (emergency) or 181 (women in distress) right away. From a legal standpoint, the Protection of Women from Domestic Violence Act, 2005 provides several remedies — including protection orders, residence orders, and monetary relief — which can often be obtained without you having to leave your home. We handle these matters in confidence and can guide you through the safest, most practical next steps.
Q I'm worried about my children. Can my spouse take them away?
The welfare of the child is the paramount consideration under Indian law — courts do not simply award custody to one party because of gender or financial status. Both parents have legal rights and responsibilities, and unilateral removal of a child can itself become a legal issue. If you are worried about this, please reach out promptly so we can discuss precautionary steps appropriate to your situation.
Q I don't have many documents. Will that make it impossible?
No. Most people don't have everything organised in advance — that's normal, especially in family matters. Bring whatever you have: marriage certificate, photos, messages, any letters or financial records. We work with what's available, and there are legal procedures to obtain documents you may not currently hold. The absence of paperwork rarely closes the door to legal remedies.
Q Can I work with you if I'm not in Delhi?
For Delhi-based proceedings, yes — we work with clients across India through phone, video calls, and WhatsApp for most communications. For physical court appearances, your presence may be required at certain stages. For matters in courts outside Delhi, we'll discuss whether a local advocate is more practical for you, even if it means a referral. The right lawyer is the one who can serve your matter best.