Courts & Disputes

Family & Matrimonial

Divorce, maintenance, child custody, domestic violence and related proceedings.

Family matters are governed by the personal law of the parties and by secular statutes that apply to everyone. Separate rules apply to divorce under the Hindu Marriage Act, the Special Marriage Act, the Divorce Act and Muslim personal law.

Many of these matters can be resolved through mediation or by mutual consent. Family Courts are required to attempt settlement in suitable cases.

What this covers

  • Mutual consent and contested divorce
  • Restitution of conjugal rights
  • Maintenance and interim maintenance
  • Child custody and guardianship
  • Domestic violence proceedings
  • Marriage registration issues
  • Related criminal proceedings
  • Settlement and mediation

Principal laws

LawRelevance
Hindu Marriage Act, 1955Divorce (Section 13), mutual consent (Section 13B) and interim maintenance (Section 24).
Special Marriage Act, 1954Civil marriage and divorce, regardless of religion.
Protection of Women from Domestic Violence Act, 2005Protection, residence and monetary relief.
BNSS Section 144Maintenance for spouse, children and parents.
Guardians and Wards Act, 1890Custody and guardianship of minors.
Family Courts Act, 1984Establishes Family Courts and their procedure.

Where it is heard

Family Courts where established, otherwise the designated district court, along with Magistrate Courts for domestic violence and maintenance matters.

Usual steps

  1. Understand the facts and what relief is needed
  2. Identify the applicable personal law and court
  3. Explore settlement where appropriate
  4. File the petition or response, with any interim application
  5. Evidence, arguments and order
  6. Enforcement or appeal

Documents that are often relevant

  • Marriage certificate and photographs
  • Birth certificates of children
  • Income and expense records
  • Earlier complaints, notices or orders

Please keep these safe, but do not send confidential documents until we have confirmed that we will act for you.

Time limits and key points

ItemPosition
Mutual consent divorceSecond motion is ordinarily after 6 months, which may be waived in suitable cases
Mutual consent divorce: minimum separation1 year living separately
Appeal under the Family Courts Act30 days from the judgment or order

Common questions

Can the six-month waiting period be waived?

Possibly. The Supreme Court has held in Amardeep Singh v. Harveen Kaur (2017) that a court may waive it in suitable cases, considering factors such as the length of separation and whether settlement efforts have failed.

Which court handles a divorce petition?

Generally the court where the marriage took place, where the respondent lives, where the parties last lived together, or in certain cases where the wife lives.

This is general information, not legal advice. The law may have changed, and the answer may differ on your facts.

Have a question about a matter in Andhra Pradesh or Telangana?

You may call or message the Chambers. Please share only the subject and the State at first.

WhatsApp