Musab Hashmi & Associates practises in family and matrimonial matters in Hyderabad and Telangana, including divorce under the Hindu Marriage Act and under Muslim personal law, maintenance, child custody and guardianship, and domestic violence. This page explains how these matters work. It is general legal information, not legal advice.
If you are facing violence or abuse at home, read our domestic violence guide first. It lists the helplines and the protection orders a Magistrate can make.
Areas of practice · Family courts in Hyderabad · Divorce under the Hindu Marriage Act · Muslim personal law · Maintenance · Custody · Settlement and mediation · Documents
Areas of practice: family matters
| Matter | Legal routes |
|---|---|
| Divorce by mutual consent | Joint petition under section 13B of the Hindu Marriage Act after living separately for one year or more |
| Contested divorce | Petition on the grounds in section 13 of the Hindu Marriage Act, or a wife’s petition under the Dissolution of Muslim Marriages Act, 1939 |
| Maintenance | Interim maintenance and permanent alimony under the Hindu Marriage Act (sections 24 and 25), or a maintenance application under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 |
| Child custody and guardianship | Custody orders in matrimonial proceedings (Hindu Marriage Act section 26), and guardianship under the Guardians and Wards Act, 1890 |
| Triple talaq | Remedies under the Muslim Women (Protection of Rights on Marriage) Act, 2019, including subsistence allowance and custody of minor children |
| Domestic violence | Protection, residence, monetary and custody orders under the Protection of Women from Domestic Violence Act, 2005 |
Family courts in Hyderabad
Under section 7 of the Family Courts Act, 1984, a Family Court hears suits and proceedings for nullity, restitution of conjugal rights, judicial separation and divorce, the validity of a marriage, the property of spouses, injunctions arising out of the marital relationship, legitimacy, maintenance, and the guardianship, custody of or access to a minor. It also exercises the maintenance jurisdiction of a Magistrate.
| District | Family courts (as listed on the official district court websites) |
|---|---|
| Hyderabad | Principal Family Court, I Additional Family Court and II Additional Family Court, in the Integrated Courts on Family Disputes complex, Kalpataru Building, Purani Haveli, Chatta Bazar, Hyderabad 500002. The complex was inaugurated on 18 March 2023 and has a creche and a psychology centre. |
| Ranga Reddy | A Family Court and an Additional Family Court at L.B. Nagar, and the VI Additional District Judge-cum-Additional Family Court, Cyberabad, at Kukatpally. |
Court details are as published on the official court websites, checked on 25 October 2026. Check the court allocation for your area before filing.
Where to file a Hindu Marriage Act petition. Section 19 allows the petition in the District Court (where a Family Court has been set up for the area, the petition goes to the Family Court instead: Family Courts Act, sections 7 and 8) where the marriage was solemnized, where the respondent resides, or where the parties last resided together. Where the wife is the petitioner, she can also file where she is residing on the date of the petition. Where the respondent lives outside the territories to which the Act extends, or has not been heard of for seven years, the petitioner can file where the petitioner resides.
Divorce under the Hindu Marriage Act
Mutual consent (section 13B). Both spouses present a joint petition, stating that they have been living separately for one year or more, that they have not been able to live together, and that they have agreed the marriage should be dissolved. The second motion is made not earlier than six months and not later than eighteen months after the petition is presented.
- In Amardeep Singh v. Harveen Kaur (Supreme Court, 12 September 2017), the Court held that the six-month period in section 13B(2) is directory, not mandatory, and can be waived where the conditions set out in the judgment are met. An application for waiver can be filed one week after the first motion.
- In Shilpa Sailesh v. Varun Sreenivasan (Constitution Bench, 1 May 2023), the Supreme Court held that it has discretion under Article 142 of the Constitution to grant divorce by mutual consent, where the parties have settled, without the procedural requirement of the second motion, and to dissolve a marriage on the ground of irretrievable breakdown. This power belongs to the Supreme Court.
Contested divorce (section 13). The grounds in section 13(1) include adultery, cruelty, desertion for a continuous period of at least two years, conversion to another religion, incurable unsoundness of mind or a mental disorder of such a kind that the petitioner cannot reasonably be expected to live with the respondent, communicable venereal disease, renouncing the world, and not being heard of as alive for seven years. Either spouse can also seek divorce where cohabitation has not resumed for one year or more after a decree of judicial separation or of restitution of conjugal rights (section 13(1A)).
During and after the case. A spouse with no independent income sufficient for support can claim maintenance and litigation expenses while the case is pending, and the application is to be decided within 60 days as far as possible (section 24). The court can award permanent alimony as a lump sum or a periodical payment, which can be varied if circumstances change (section 25), and can make orders on the custody, maintenance and education of minor children (section 26).
Muslim personal law
- Triple talaq is void. Under section 3 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, any pronouncement of talaq-e-biddat, in any form including spoken, written or electronic, is void and illegal. Section 4 makes it punishable with imprisonment up to three years and fine. The wife is entitled to a subsistence allowance for her and dependent children (section 5) and to custody of her minor children (section 6), as determined by the Magistrate. In Shayara Bano v. Union of India (22 August 2017), the Supreme Court by a 3:2 majority set aside the practice of talaq-e-biddat.
- Khula and mubaraat. In Shayara Bano, Chief Justice Khehar’s opinion described khula as a mode of divorce at the instance of the wife, and mubaraat as divorce by mutual consent.
- A wife’s petition under the 1939 Act. Section 2 of the Dissolution of Muslim Marriages Act, 1939 allows a wife to obtain a decree for dissolution on grounds including: the husband’s whereabouts not being known for four years; failure to provide maintenance for two years; being sentenced to imprisonment for seven years or more; failure without reasonable cause to perform marital obligations for three years; impotence at the time of the marriage and continuing; insanity for two years or certain diseases; her repudiation, before she turned eighteen, of a marriage arranged by her father or guardian before she was fifteen, provided the marriage was not consummated; cruelty, including not treating her equitably where he has more than one wife; and any other ground recognised as valid under Muslim law.
- Maintenance after divorce. In Mohd. Abdul Samad v. State of Telangana (Supreme Court, 10 July 2024), which arose from a Family Court maintenance order and a Telangana High Court ruling on it, the Court held that a divorced Muslim woman can claim maintenance under section 125 of the old Code of Criminal Procedure as well as under the Muslim Women (Protection of Rights on Divorce) Act, 1986, and may choose either or both. The remedy under the 2019 Act is in addition to section 125.
Maintenance
The Code of Criminal Procedure, 1973 has been repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (section 531). Under section 144 of the BNSS, if a person with sufficient means neglects or refuses to maintain any of the following, a Magistrate can, on proof of that neglect or refusal, order a monthly allowance at such rate as the Magistrate thinks fit:
- a wife unable to maintain herself; “wife” includes a woman who has been divorced and has not remarried;
- a child (legitimate or illegitimate) unable to maintain itself, and a child who has attained majority, other than a married daughter, who is unable to maintain itself because of a physical or mental abnormality or injury;
- a father or mother unable to maintain himself or herself.
Interim maintenance can also be ordered while the application is pending, and the interim application is to be decided within 60 days as far as possible. The section sets no upper limit on the amount.
Disclosure of assets. In Rajnesh v. Neha (Supreme Court, 4 November 2020), the Court directed that an Affidavit of Disclosure of Assets and Liabilities be filed by the parties in all maintenance proceedings, including pending ones. Gather salary slips, income tax returns, bank statements and details of assets and liabilities early.
Child custody and guardianship
- Hindu Minority and Guardianship Act, 1956: the natural guardian of a Hindu boy or unmarried girl is the father and, after him, the mother, but the custody of a child who has not completed five years shall ordinarily be with the mother (section 6(a)). In appointing or declaring a guardian, the welfare of the minor is the paramount consideration (section 13).
- Guardians and Wards Act, 1890: the court can appoint or declare a guardian where satisfied that it is for the welfare of the minor (section 7). In doing so it is guided by what, consistently with the law to which the minor is subject, appears to be for the minor’s welfare, having regard among other things to the minor’s age, sex and religion, the proposed guardian’s character, capacity and nearness of kin, and any wishes of a deceased parent; the court may also consider the minor’s intelligent preference (section 17).
- In matrimonial cases: custody, maintenance and education of minor children can be ordered during and after a Hindu Marriage Act case, consistently with the children’s wishes wherever possible (section 26).
Settlement, counselling and mediation
A Family Court must, in the first instance, endeavour to assist and persuade the parties to settle, and can adjourn the case for that purpose (Family Courts Act, section 9). The State provides counsellors to assist Family Courts (section 6). Under section 13, no party is entitled as of right to be represented by a legal practitioner in a Family Court, though the court may seek the assistance of a legal expert as amicus curiae. The Telangana High Court’s Circular No. 19 of 2019 directed Family Courts to refer matrimonial matters pending for more than two years to mediation or conciliation.
Documents to keep
- the marriage certificate, wedding invitation or photographs, and nikahnama where applicable;
- proof of where each spouse lives, and of when you began living separately;
- income proof for both spouses: salary slips, income tax returns, bank statements, property and loan details;
- children’s birth certificates, school records and expenses;
- messages, emails and any complaint or medical record relevant to cruelty or violence;
- any earlier court order, police complaint or settlement document.
Related guides
- Mutual consent divorce in Hyderabad: step by step
- Maintenance in Hyderabad: how to claim it in the family courts
- Domestic violence in Hyderabad: your rights, protection orders and where to get help
- Marriage registration in Telangana
- Your rights if police arrest or summon you in Telangana
Frequently asked questions
How long does a mutual consent divorce take under the Hindu Marriage Act?
The spouses must have lived separately for one year or more before the joint petition. The second motion is made not earlier than six months and not later than eighteen months after the petition. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the six-month period can be waived where the conditions in that judgment are met.
Can a wife file for divorce where she now lives?
Yes. Section 19(iiia) of the Hindu Marriage Act allows a wife who is the petitioner to file where she is residing on the date of the petition, in addition to where the marriage was solemnized, where the respondent resides, or where the parties last lived together.
Where are the family courts in Hyderabad?
According to the official court websites (checked 25 October 2026), Hyderabad’s Principal, I Additional and II Additional Family Courts sit in the Integrated Courts on Family Disputes complex, Kalpataru Building, Purani Haveli. Ranga Reddy district has family courts at L.B. Nagar and an Additional Family Court for Cyberabad at Kukatpally.
Is triple talaq valid?
No. Under section 3 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, talaq-e-biddat in any form is void and illegal, and section 4 makes it punishable with imprisonment up to three years and fine.
Can a divorced Muslim woman claim maintenance?
Yes. In Mohd. Abdul Samad v. State of Telangana (2024), the Supreme Court held that a divorced Muslim woman can claim maintenance under section 125 of the old Code of Criminal Procedure as well as under the 1986 Act, and may choose either or both.
Who can claim maintenance under the BNSS?
Under section 144 of the Bharatiya Nagarik Suraksha Sanhita, where a person with sufficient means neglects or refuses to maintain them: a wife (including a divorced wife who has not remarried) unable to maintain herself, a child unable to maintain itself, a child who has attained majority (other than a married daughter) unable to maintain itself because of a physical or mental abnormality or injury, and parents unable to maintain themselves.
Who gets custody of a young child?
Under section 6(a) of the Hindu Minority and Guardianship Act, the custody of a child who has not completed five years shall ordinarily be with the mother, and section 13 makes the welfare of the minor the paramount consideration.
Do I need to disclose my income in a maintenance case?
Yes. In Rajnesh v. Neha (2020), the Supreme Court directed that an Affidavit of Disclosure of Assets and Liabilities be filed by the parties in all maintenance proceedings.
General legal information, not legal advice. Provisions checked on 25 October 2026 against court-hosted texts of the Hindu Marriage Act, 1955, the Family Courts Act, 1984, the Dissolution of Muslim Marriages Act, 1939, the Guardians and Wards Act, 1890 and the Hindu Minority and Guardianship Act, 1956; the gazette texts of the Muslim Women (Protection of Rights on Marriage) Act, 2019 and the Bharatiya Nagarik Suraksha Sanhita, 2023; the Supreme Court judgments cited (Rajnesh v. Neha as quoted in Aditi v. Jitesh Sharma, 2023); Telangana High Court Circular No. 19 of 2019; and the official Hyderabad Integrated Family Courts and Ranga Reddy district court websites. Verify the current position before acting.