Matters we handle
- Mutual consent divorce
- Contested divorce and judicial separation
- Child custody, guardianship and visitation
- Maintenance for a spouse, children or parents
- Protection, residence and monetary relief under the Domestic Violence Act
- Restitution of conjugal rights
- Matrimonial matters involving a spouse living abroad (NRI cases)
Where these matters are heard
- Family Courts at Hyderabad
- Magistrate Courts, for Domestic Violence Act applications
- Telangana High Court, for appeals and transfer petitions
The law that applies
The law depends on the parties' religion and the form of marriage: the Hindu Marriage Act, 1955; the Special Marriage Act, 1954; Muslim personal law; the Indian Divorce Act, 1869 for Christians; and the Parsi Marriage and Divorce Act, 1936. Procedure in Family Courts is governed by the Family Courts Act, 1984.
Maintenance can also be claimed under BNSS section 144 (earlier CrPC section 125). Custody is decided under the Hindu Minority and Guardianship Act, 1956 and the Guardians and Wards Act, 1890, with the welfare of the child as the deciding factor. The Protection of Women from Domestic Violence Act, 2005 provides civil remedies; cruelty by a husband or his relatives is an offence under BNS sections 85 and 86 (earlier IPC section 498A).
How the process generally works
Understand the situation
Marriage details, the issues in dispute and what outcome you are hoping for.
Explore settlement
Where appropriate, negotiation, counselling or mediation before or alongside court proceedings.
File the petition
Divorce, custody, maintenance or protection petition in the correct court.
Interim orders
Interim maintenance, custody or protection while the case is pending.
Final decree and compliance
Final orders, and enforcement if the other side does not comply.
Documents to keep ready
- Marriage certificate or wedding invitation and photographs
- Identity and address proof
- Children's birth certificates
- Income proof: salary slips, ITRs, bank statements
- Any earlier complaints, notices or court orders
Terms you may hear
- Mutual divorce
- Divorce by joint petition of both spouses, under section 13B of the Hindu Marriage Act or section 28 of the Special Marriage Act.
- Maintenance case (125 / 144 case)
- A petition for maintenance, earlier under CrPC section 125 and now under BNSS section 144.
- DV case
- A petition under the Protection of Women from Domestic Violence Act, 2005 for protection, residence or monetary relief.
- 498A case
- A criminal case for cruelty by a husband or his relatives, now under BNS sections 85 and 86.
- Custody petition
- An application for custody of or visitation with a child, usually under the Guardians and Wards Act, 1890.
- Triple talaq
- Instant talaq (talaq-e-biddat) is void and an offence under the Muslim Women (Protection of Rights on Marriage) Act, 2019.
Questions people ask
How much maintenance will the court award?
There is no fixed formula. The court looks at both parties' income and assets, reasonable needs, the standard of living during the marriage and the needs of any children. The Supreme Court has referred to around 25% of the husband's net salary as a reasonable benchmark in one case (Kalyan Dey Chowdhury v. Rita Dey Nee Nandy, 2017), but each case depends on its facts.
Can I get a divorce if my spouse does not agree?
Yes, through a contested divorce, if you can prove a ground recognised by law. Under the Hindu Marriage Act these include cruelty, desertion for at least two years, adultery, conversion to another religion and certain mental disorders. Contested divorces take considerably longer than mutual consent divorces.
My spouse has taken the children away. Can I still see them?
Yes. You can apply to the Family Court for custody or visitation, and seek interim visitation while the case is pending. Courts generally recognise that a child benefits from contact with both parents unless there is a good reason to restrict it.
Can I get back my jewellery and gifts from my in-laws?
Stridhan, such as jewellery and gifts given to a woman before, at or after marriage, belongs to her. She can claim its return, including through the Domestic Violence Act or civil proceedings, and refusing to return it can amount to criminal breach of trust.
How long does a mutual consent divorce take?
Under section 13B of the Hindu Marriage Act, the spouses must have lived separately for at least one year before filing. The second motion is ordinarily taken up after six months, but the Supreme Court has held that this waiting period can be waived in suitable cases (Amardeep Singh v. Harveen Kaur, 2017). Actual timelines depend on the court's calendar.
Can I get maintenance while the case is pending?
Yes. Interim maintenance can be sought under section 24 of the Hindu Marriage Act and under BNSS section 144. In Rajnesh v. Neha (2020) the Supreme Court required both parties to file affidavits disclosing their income, assets and liabilities, which helps the court fix a fair amount.
Who gets custody of the children?
There is no automatic rule in favour of either parent. The court decides on the welfare of the child, considering age, schooling, the child's own wishes where the child is old enough, and each parent's ability to care. Visitation rights are usually given to the other parent.
My spouse lives abroad. Can the divorce still go ahead in Hyderabad?
Often yes, if the Hyderabad court has jurisdiction. Some steps can be handled through a power of attorney or by appearance through video conferencing where the court permits, but personal presence may still be needed at certain stages.
Will the court try reconciliation first?
Family Courts are required to make efforts at settlement, so matters are commonly referred to counselling or mediation. This does not stop you from seeking urgent interim relief where needed.
This page gives general information about the law as it stands and is not legal advice. The right course in any matter depends on its facts.
Last updated: September 2026.