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Supreme Court of India, New Delhi

Divorce & Matrimonial Lawyer at the Supreme Court of India

Advocate Aman Chawla and his expert team represent clients at the highest court of the land — filing and arguing Special Leave Petitions (SLP), transfer petitions, Article 32 constitutional petitions, and all matrimonial appeals before the Supreme Court of India.

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Our Supreme Court Practice

Why You Need a Specialist Matrimonial Lawyer at the Supreme Court

The Supreme Court of India is the apex court and the final arbiter of justice in this country. Reaching the Supreme Court in a matrimonial matter is a significant step — it means you have exhausted remedies at the district and High Court levels, or that the urgency and gravity of your case demands the highest judicial attention. This is not the stage for an ordinary lawyer.

“The Supreme Court is not merely a court of appeal — it is the guardian of the Constitution. In matrimonial matters, its powers under Articles 136 and 142 have transformed family law in India. Knowing when and how to invoke these powers is what sets our Supreme Court practice apart.”

Advocate Aman Chawla combines deep knowledge of Supreme Court procedure, matrimonial law, and constitutional remedies with a proven track record at the High Court level. He brings the same professional, responsive, and dedicated approach to the Supreme Court that has earned the trust of clients across Delhi and India.

  • Experience filing and arguing SLPs under Article 136
  • Transfer petitions across states — filed and argued at the Supreme Court
  • Article 142 divorce petitions — irretrievable breakdown of marriage
  • Article 32 constitutional petitions in exceptional family law cases
  • Execution and enforcement of Supreme Court orders
  • NRI divorce cases with cross-border jurisdiction issues
  • Transparent fee structure — detailed case assessment before engagement
  • Seamless representation from trial courts to the Supreme Court
Advocate Aman Chawla Senior Matrimonial Lawyer · Supreme Court of India 10+ years specialised in divorce and matrimonial law · All Delhi courts · Delhi High Court · Supreme Court of India
Types of Petitions

How You Can Approach the Supreme Court in a Matrimonial Matter

The Supreme Court provides several distinct remedies in matrimonial and family law disputes. Understanding which remedy applies to your situation is the first and most critical step.

01

Special Leave Petition — Article 136

Under Article 136 of the Constitution, any aggrieved party may petition the Supreme Court for leave to appeal against any judgment or order of a High Court or tribunal. In matrimonial matters, SLPs are filed to challenge High Court decisions on divorce, maintenance, custody, or property — when there is a substantial question of law or grave injustice.

02

Transfer Petition — Section 25 CPC

A Transfer Petition under Section 25 of the Code of Civil Procedure allows either party to apply to the Supreme Court to transfer a matrimonial case from one state's court to another. The Court weighs convenience, financial hardship, and the interests of justice.

03

Article 142 — Irretrievable Breakdown

The Supreme Court can exercise its extraordinary powers under Article 142 to dissolve a marriage on the ground of irretrievable breakdown. Following Shilpa Sailesh v. Varun Sreenivasan (2023), the Court may also waive the Section 13B cooling-off period when the marriage has completely collapsed.

04

Article 32 — Constitutional Petition

Article 32 allows any person to directly approach the Supreme Court when fundamental rights have been violated. In family law, this can arise in matters involving illegal detention of a child, denial of the right to be heard in custody matters, or state action affecting dignity and equality.

05

Habeas Corpus — Child Custody

When a child is unlawfully withheld by one parent — including in international cases — a writ of Habeas Corpus can be filed at the Supreme Court or High Court for production and return of the child. These matters are treated with urgency.

06

Contempt & Enforcement

When a party disobeys a Supreme Court or High Court order — refusing to pay maintenance, violating custody arrangements, or breaching a property order — contempt proceedings and enforcement applications can be initiated.

Landmark Judgments

Key Supreme Court Judgments in Matrimonial Law

The Supreme Court of India has fundamentally shaped matrimonial law through landmark judgments. Understanding these decisions is central to effective strategy at the highest court.

2023

Shilpa Sailesh v. Varun Sreenivasan

Constitution Bench held that the Supreme Court can dissolve marriages under Article 142 on irretrievable breakdown and waive the Section 13B cooling-off period.

2020

Rajnesh v. Neha

Standardised maintenance guidelines across India — including principles for calculating interim and final maintenance, disclosure of assets, and enforcement.

2018

Joseph Shine v. Union of India

Five-judge bench decriminalised adultery under Section 497 IPC as unconstitutional. Adultery remains relevant as a matrimonial ground despite no longer being a criminal offence.

2020

Vineeta Sharma v. Rakesh Sharma

Held that daughters have equal coparcenary rights in Hindu Undivided Family property by birth, affecting property rights relevant to matrimonial disputes.

2008

Satish Sitole v. Ganga

Foundational judgment concerning use of Article 142 to dissolve marriages on irretrievable breakdown, paving the way for later constitutional-bench development.

1999

Githa Hariharan v. RBI

Supreme Court interpreted the Hindu Minority and Guardianship Act to recognise mothers as natural guardians of minor children.

Our Process

How We Handle Your Case at the Supreme Court

Supreme Court litigation demands precision, deep legal knowledge, and strategic thinking at every step. Here is how we approach your case.

01

Case Assessment & Strategy

We begin with a thorough review of the entire case record — all orders from the trial court and High Court. We assess the legal merits of the proposed SLP or petition, identify the strongest grounds, and advise honestly on whether approaching the Supreme Court is the right strategy.

02

Drafting the Petition

Supreme Court petitions demand exceptional legal drafting. We prepare a concise, compelling SLP, transfer petition, or Article 32/142 petition — identifying the precise legal errors, constitutional questions, and relief sought.

03

Filing & Listing

We manage the filing process at the Supreme Court Registry, including compliance with procedural requirements and urgent listing applications where warranted. For urgent child custody or enforcement matters, early listing may be sought on priority grounds.

04

Admission Hearing

The first stage before the Supreme Court is the admission hearing — where the Court decides whether to grant leave or dismiss the SLP. We prepare written submissions and oral arguments tailored to the specific bench.

05

Interim Relief

Where urgent interim protection is required — including stay of a High Court order, interim custody, or preservation of assets — we seek interim relief with the main petition.

06

Final Arguments & Order

Once admitted, we prepare comprehensive written submissions and oral arguments for final hearing. Post-order, we assist in compliance, enforcement, and consequential proceedings.

Court Locations

We Appear Across All Delhi & National Courts

Our matrimonial lawyers practice at every level — from district family courts across Delhi NCR right up to the Supreme Court of India.

National Apex Court Supreme Court of India
Appellate Court Delhi High Court
South Delhi Saket Family Court
South-West Delhi Dwarka Court
Central & North Delhi Tis Hazari Courts
East Delhi Karkardooma Court
North-West Delhi Rohini Court
Central Delhi Patiala House Court
Complete Network All Delhi & National Courts
Client Testimonials

What Our Clients Say

★★★★★
“After losing at the Delhi High Court, I was devastated. Advocate Aman Chawla reviewed my case, identified the legal error in the High Court's maintenance order, and filed an SLP at the Supreme Court. Within four months, the Supreme Court stayed the order and ultimately ruled in my favour. Outstanding work.”
V
Vikas Malhotra SLP — Maintenance Appeal · Delhi
★★★★★
“My husband filed for divorce in a court in his home state, making it impossible for me to attend hearings in Delhi. Advocate Aman Chawla filed a Transfer Petition at the Supreme Court and had the case transferred to Delhi within six months. The speed and professionalism were exceptional.”
S
Sunita Kapoor Transfer Petition · New Delhi
★★★★★
“My NRI divorce case involved assets in three countries and a child custody dispute across borders. Advocate Aman Chawla navigated every jurisdictional complexity at the Supreme Court level with remarkable expertise. He secured an interim custody order and ultimately a comprehensive settlement that protected my child's interests.”
A
Aditya Nair NRI Divorce & Child Custody · Supreme Court
FAQ

Frequently Asked Questions

Common questions about Supreme Court matrimonial petitions, appeals, transfers, and constitutional remedies.

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01 When can I approach the Supreme Court in a matrimonial matter? +

You can approach the Supreme Court in a matrimonial matter principally through an SLP under Article 136, a Transfer Petition under Section 25 CPC, or an Article 142 / Article 32 petition in appropriate exceptional circumstances.

02 What is an SLP and what does it involve in a divorce or matrimonial case? +

A Special Leave Petition under Article 136 of the Constitution is a discretionary remedy seeking leave to appeal against a judgment, decree, or order of a High Court or tribunal. In matrimonial cases, SLPs may challenge High Court judgments on divorce, maintenance, custody, or property. The source page states that the petition should ordinarily be filed within 90 days of the High Court judgment.

03 What is a Transfer Petition and when should I file one? +

A Transfer Petition under Section 25 CPC allows a party to ask the Supreme Court to transfer a matrimonial case from a court in one state to a court in another state. The Court considers convenience, financial hardship, fairness, and the interests of justice.

04 Can the Supreme Court grant divorce on irretrievable breakdown? +

Yes. Following Shilpa Sailesh v. Varun Sreenivasan (2023), the Supreme Court confirmed that it can exercise Article 142 powers to dissolve a marriage on irretrievable breakdown in appropriate cases, and may also waive the mandatory cooling-off period under Section 13B HMA.

05 How long does a Supreme Court matrimonial case take? +

The source page states that SLP admission may typically take 3–12 months from filing. If leave is granted, the substantive appeal may take an additional 1–3 years depending on complexity and the Court's docket. Transfer Petitions are generally faster and may conclude in around 3–9 months.

06 What landmark Supreme Court judgments shape matrimonial law in India today? +

The page highlights Shilpa Sailesh v. Varun Sreenivasan, Rajnesh v. Neha, Vineeta Sharma v. Rakesh Sharma, Joseph Shine v. Union of India, Satish Sitole v. Ganga, and Githa Hariharan v. RBI.

07 What are the lawyer fees for a Supreme Court matrimonial case? +

Supreme Court practice involves more intensive procedural requirements, legal drafting, and hearing preparation than lower-court matters. Fees vary according to petition type, complexity, and duration. A transparent, pre-agreed estimate is provided after case assessment.

Supreme Court Representation

Take Your Case to India's Highest Court

If you have been aggrieved by a High Court decision, need to transfer a case across states, or require another Supreme Court matrimonial remedy — our experienced lawyers are ready to help.