'No Parent Is A Visitor In Child's Life': Karnataka High Court Directs Courts To Use 'Parenting Time' Instead Of 'Visitation' In Custody Cases

The Karnataka High Court has recently directed all Family Courts and courts dealing with Guardianship and Wards matters in the State to substitute the term 'visitation' with 'parenting time' during judicial proceedings. The court reasoned that the former term carries an unfortunate suggestion that one parent is merely a 'guest' in the child's life.The single judge bench of Justice...

Kerala High Court Refuses To Quash Cruelty Case Against In-Laws Accused Of Calling Woman 'Servant', 'Cancer In Their Life'

The Kerala High Court recently refused to quash the matrimonial cruelty case against the parents-in-law of a woman, who allegedly referred to her as 'servant without wages' and 'cancer in their lives'. [2026 LiveLaw (Ker) 557]Justice G. Girish observed that there are multiple incidents of matrimonial cruelty attributed against the husband's parents and that the same are prima facie sufficient...

Wife Spending On Child's Birthday From Her Own Earnings Not Cruelty By Husband: Karnataka High Court

The Karnataka High Court has held that the mere fact that a wife spent money from her own earnings to celebrate her child's birthday cannot by itself lead to the conclusion that her husband subjected her to cruelty.The court pointed out that the wife had not asserted that she requested such financial assistance from the husband on the said occasion. [2026 LiveLaw (Kar) 402]A Division Bench...

Sudden Shift From Grandparents May Disturb Child: Rajasthan High Court Creates Phased Visitation, Custody Arrangement For Father

Rajasthan High Court denied granting custody of a 7 year old child to his father, in the background of the fact that the boy was living with his maternal grandparents since his birth, owing to which it was observed that the sudden and abrupt shift would definitely result in mental disturbance which won't be in the child's interest. At the same time, the division bench of Justice Munnuri...

Muslim Mother Has Preferential Right To Custody Of Daughter Till Puberty Under Hanafi Law, Welfare Paramount: Jharkhand High Court

The Jharkhand High Court has held that under Hanafi law, the mother has a preferential right to custody (Hizanat) of her female child until she attains puberty, subject to the welfare of the child being the paramount consideration. The Court further held that custody of a minor child cannot be adjudicated ex parte, as hearing both parties is necessary for determining the child's...

Earnings From Sale Of Shares Part Of Husband's Income: Karnataka High Court Enhances Monthly Maintenance To ₹1.2 Lakh

The Karnataka High Court enhanced the monthly maintenance awarded to the wife and minor son from Rs 50 thousand to Rs 1.2 lakh, while holding that the husband's earnings from the sale of shares form part of his income and should be considered while determining the maintenance, even if such financial gains are variable.Justice Lalitha Kanneganti heard two separate petitions filed by a husband...

Husband Paying Maintenance To Wife Without Court Order Can't Later Claim Inability To Pay: Karnataka High Court Imposes ₹2 Lakh Fine

The Karnataka High Court has imposed costs of Rs 2 lakh on a husband challenging an interim maintenance order of Rs 1,10,000 per month granted to his wife, calling his petition a “luxurious litigation” aimed at wasting Court's time.Justice Lalitha Kanneganti held that where a husband was already paying Rs 1,03,382 per month to the wife without any Court order, he cannot subsequently...

AP High Court Permits Amendment Of Written Statement In Matrimonial Case After Trial Begins, Says Courts Should Not Be Hypertechnical

The Andhra Pradesh High Court has allowed a husband to amend his counter in proceedings under Section 9 of the Hindu Marriage Act, 1955, to correct inadvertent typographical mistakes.On a contextual reading of the pleading, the Court found that the disputed references were typographical errors. It held that courts should not adopt a “hyper technical approach” where such corrections...

Husband's Consent Not Required For Muslim Wife To Invoke 'Khula' Divorce; Family Court Need Not Conduct Detailed Inquiry: Kerala High Court

The Kerala High Court recently clarified that husband's consent or acceptance is immaterial when Muslim wife invokes extra-judicial divorce in the form of 'Khula'. [2026 LiveLaw (Ker) 548]The Division Bench of Justice J. Nisha Banu and Justice Shoba Annamma Eapen held:“'Khula' is the form of divorce conferred upon the wife similar to 'talaq' conferred upon the husband. The recognition...

Sanctity Of Marriage Not Served By Saving It Legally When Relationship Is Substantially Eroded: Orissa High Court

The Orissa High Court has held that merely saving the legal form of marriage is meaningless and does not uphold the sanctity of marriage when the conjugal relationship between a married couple has been substantially eroded. [2026 LiveLaw (Ori) 115]While affirming the order of a Family Court granting divorce to a couple, the Division Bench of Chief Justice Harish Tandon and Justice...

Woman Made To Believe Man Had Divorced First Wife Entitled To Maintenance Under Section 125 CrPC: Madras High Court

The Madras High Court recently held that a woman, who was not aware of the husband's earlier marriage and was made to believe that the first wife had been divorced, would be entitled to maintenance under Section 125 CrPC (Section 144 BNSS). The court thus ordered maintenance to be paid to a woman, who was argued to be the husband's second wife. [2026 LiveLaw (Mad) 482] "Though the...

Kerala High Court Asks Legislature To Reconsider DNA Test Requirement For Correcting Father's Name In Birth Records Where Paternity Is Undisputed

The Kerala High Court has asked the legislature to re-consider the statutory mandates under the Registration of Births and Deaths Act (1969) and the Rules (1999) requiring DNA test reports, notarized agreements, court order, etc. while applying for correction in father's name in birth records in cases where paternity is undisputed. [2026 LiveLaw (Ker) 544]Justice P.V. Kunhikrishnan...