Family Law/Matrimonial Cases
Voter List Entry Showing Spouse's Name Not Proof Of Valid Hindu Marriage: Patna High Court
The Patna High Court has held that a person's name appearing as a spouse in the voter list does not, by itself, prove a valid Hindu marriage. Where the marriage itself is disputed, the party asserting it must prove that the marriage was solemnised through the rites and ceremonies required under Section 7 of the Hindu Marriage Act, 1955. A Division Bench of Justice Bibek Chaudhuri and Justice...
Loans Taken By Husband Cannot Reduce His Maintenance Obligation Towards Wife: Jharkhand High Court
The Jharkhand High Court has held that a husband cannot ordinarily rely on loans taken for “future wealth construction” to reduce his income for determining maintenance or permanent alimony. The Court held that voluntary loan repayments, particularly for creating assets, cannot override the obligation to maintain the wife.A Division Bench of Justice Sujit Narayan Prasad and Justice...
Denial Of Maintenance Forcing Wife Into Destitution Violates Her Right To Live With Dignity Under Article 21: Allahabad High Court
The Allahabad High Court last week observed that denial of maintenance, forcing the wife into destitution, violates the constitutional guarantee under Article 21, which includes the right to live with dignity.The Court added that the maintenance ensures that the wife is not compelled to lead a life of destitution for such deprivation would offend the dignity guaranteed under Article 21. A...
Once Court-Annexed Mediation Ends In Signed Settlement, Party Cannot Withdraw Consent On Mere Change Of Mind: Jharkhand High Court
The Jharkhand High Court has held that a settlement reached through court-annexed mediation, reduced into writing and signed by the parties, cannot be unilaterally withdrawn merely because one party later changes their mind. The Court held that the right to withdraw exists only during the mediation process and not after a binding settlement has been executed.A Division Bench of Justice...
Muslim Husband Can't Seek Declaration Of Divorce Solely On Basis Of 'Fatwa': MP High Court
The Madhya Pradesh High Court has held that a fatwa cannot form the basis for a decree declaring divorce of a Muslim couple. [2026 LiveLaw (MP) 315]Justice Vivek Jain added that no seminary can grant divorce to a Muslim male. The bench thus rejected a Muslim man's suit seeking declaration of divorce solely on the basis of a fatwa issued by the Darul-Dafa Masajid Committee, Bhopal. The...
Does Wife Asking For Separate Residence From Husband's Family Amount To Cruelty? Kerala High Court Answers
The Kerala High Court recently held that a wife demanding separate residence away from husband's family without sufficient reason would amount to cruelty. [2026 LiveLaw (Ker) 431]The Division Bench of Justice Satish Ninan and Justice P. Krishna Kumar held:“A demand for a separate residence away from the husband's family, without sufficient reason, by itself constitutes an act of...
Family Court Cannot Skip Mother's Main Plea For Interim Custody & Only Grant Restrictive Visitation Rights: Jharkhand High Court
The Jharkhand High Court has held that where a parent's application contains a substantive prayer for temporary custody and an alternative prayer for visitation rights, the Family Court must first consider and reject the substantive prayer by assigning cogent reasons before proceeding to the alternative relief.A Division Bench of Justice Sujit Narayan Prasad and Justice Sanjay Prasad set aside...
CARA To Issue NOC For Child Adopted Under HAMA; Hague Convention Not Attracted In Expatriate Adoption: Bombay High Court
The Bombay High Court has held that Articles 5 and 17 of the Hague Convention would not apply where the competent authority of the receiving country has categorically stated that the adoption is an "expatriate adoption" falling outside its regulated inter-country adoption process. The Court further observed that although the adoption in question was governed by the Adoption Regulations, 2022,...
S. 125 CrPC | Wife Can Be Denied Interim Maintenance If Husband Ex Facie Shows Her Adulterous Relationship : Supreme Court
The Supreme Court on Friday (July 31) held that an interim maintenance under Section 125 of Cr.P.C. can be denied to the wife once the husband ex facie establishes the wife's adulterous relation at the stage of an interim maintenance. “…we are of the view that if a husband files an application under Section 125(4) and is, at the first instance, able to establish the charge through...
Indian Succession Act | How Does Wife's Property Devolve After Death? Supreme Court Explains Christian Inheritance
The Supreme Court on Thursday (July 30) clarified that under Christian succession law, a property purchased by a husband in the name of his wife remains the wife's exclusive property. Consequently, upon her death, succession to such property must be determined based on her ownership and cannot be treated as the husband's estate for the purpose of applying Section 33 of the Indian Succession...