Yes, you can file for divorce in Delhi if your spouse is in judicial custody, and imprisonment does not prevent you from initiating or continuing matrimonial proceedings. In fact, under Section 13(1)(iv) of the Hindu Marriage Act, a spouse's sentence to imprisonment for seven years or more for an offence under the Indian Penal Code, now the Bharatiya Nyaya Sanhita, is itself an independent ground for divorce, separate from any allegations of cruelty or desertion.

Filing for divorce in Delhi when your spouse is in judicial custody does raise some procedural questions, particularly around service of summons and the spouse's participation in proceedings. Summons can be served through the jail superintendent, who is required to ensure the notice reaches the incarcerated spouse, and the court can permit the spouse to respond through a duly authorised representative or, where necessary, through video conferencing facilities now increasingly used in matrimonial matters involving parties in custody. Where mediation is attempted before trial, as is standard practice in Delhi Family Courts, arrangements are typically made for the incarcerated spouse to participate remotely with the jail's cooperation, so the case is not simply stalled indefinitely because one party cannot physically appear.

Where the ground relied upon is the imprisonment itself under Section 13(1)(iv), you generally need to wait until the sentence has been served for a specified period before filing on this specific ground, so it is worth confirming the current status of the sentence and any parole or remission that might affect timing. If you are instead relying on cruelty, adultery, or another ground unrelated to the imprisonment, the case can generally proceed without this waiting requirement.

Because cases involving an incarcerated spouse involve additional coordination with jail authorities and sometimes with the criminal court handling the underlying case, discussing your specific timeline with our legal experts at Aapka Legal Advice helps avoid procedural delays that are entirely avoidable with proper planning.

Our panel of retired judges and Delhi matrimonial lawyers regularly handles exactly this kind of coordination between Family Court and jail authorities, and can be consulted through Best Delhi Lawyers & Retired Judges. With the right ground and proper service, filing for divorce in Delhi while your spouse is in judicial custody is entirely achievable and need not be delayed indefinitely.