High Court
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 Rana Vikram Singh made the observation while dismissing an appeal filed by a woman against a Family Court...
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reached through court-annexed mediation, reduced into writing and signed by the parties, cannot be unilaterally withdrawn merely because one party later changes their mind.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...
Mere Existence Of Mental Disorder Is Insufficient To Dissolve Marriage: Jharkhand High Court
The Jharkhand High Court has held that the mere existence of a mental disorder, irrespective of its degree, is insufficient to justify dissolution of marriage under Section 13(1)(iii) of the Hindu Marriage Act, 1955. The Court observed that the disorder must be of such a nature and extent that the petitioner cannot reasonably be expected to live with the spouse.A Division Bench of Justice...
Expeditious Disposal Of Divorce Case Can't Mean Denial Of Fair Hearing: Uttarakhand High Court Sets Aside Ex Parte Order Against Wife
The Uttarakhand High Court has held that “the direction for expeditious disposal of matrimonial proceedings cannot be construed to mean that a reasonable opportunity of hearing should be denied to either party”. Holding the above, the High Court set aside the Family Court, Haridwar's order where the appellant-wife's right to file defence was closed and the matrimonial proceedings...
Karnataka High Court Questions Wife's 498A FIR Over Allegation She Was Denied Nutritious Food, Suffered Hair Loss
Observing that not every family grievance can be elevated to the offence of cruelty under Section 498A of the Indian Penal Code, the Karnataka High Court on Tuesday [July 27] questioned whether allegations against husband and in-laws to the effect that they deprived the complainant-wife of nutritious food causing her hair fall, would constitute cruelty under Section 498 A IPC.The single...
Permanent Alimony Must Secure Wife's Future; No Arithmetic Formula Can Determine Quantum: Jharkhand High Court
The Jharkhand High Court has held that no arithmetic formula can be applied while determining permanent alimony under Section 25 of the Hindu Marriage Act, 1955. The Court observed that while fixing permanent alimony, courts must consider the parties' status, the husband's financial capacity, the wife's future needs, inflation and the standard of living she enjoyed during the marriage.A...