Family Law/Matrimonial Cases

Madras High Court Seeks Data On Matrimonial Disputes Involving COVID-Era Marriages, To Explore New Ways For Amicable Resolution
After taking note of a large number of matrimonial disputes involving parties who got married during the Covid-19 period, the Madras High Court has called for statewide data in an attempt to resolve the disputes amicably. Justice Anand Venkatesh noted that once such data is placed before the court, it could seek assistance from experienced lawyers and come up with a different kind...

Decide Maintenance Execution Cases Within 6 Months; Failure May Invite Contempt: Allahabad High Court Directs UP Trial Courts
The Allahabad High Court has directed all trial courts in Uttar Pradesh to ensure that they decide execution applications in maintenance cases within 6 months. The Court warned that non-compliance to this direction may amount to contempt of the Supreme Court as well as the High Court.A bench of Justice Praveen Kumar Giri issued the direction while dismissing a criminal revision filed by a...

Child Kept Away From Mother Can't Form 'Intelligent Preference': Allahabad High Court Directs Grandmother To Handover Custody
The Allahabad High Court has held that a child of tender age who has been kept away from his mother cannot give an intelligent preference on custody, and his wish to stay with the relatives who raised him cannot outweigh the claim of the mother as his natural guardian. It held that merely because the grandmother had looked after the child, she could not be said to have a better claim to...

S. 125 CrPC | Allahabad High Court Seeks Chief Justice's Consideration Of Rules For Notice To Alleged Co-Adulterer In Maintenance Cases
Observing that a specifically named alleged co-adulterer must be given an opportunity to be heard before the court records an adverse finding against him in maintenance proceedings under Section 125 CrPC, the Allahabad High Court on Tuesday urged the Chief Justice to consider framing rules governing notice to such a person.A bench of Justice Lakshmi Kant Shukla said that a judicial...

Wife's Remarriage Material Factor In Determining Permanent Alimony But Not Automatic Bar To Her Entitlement: Karnataka High Court
The Karnataka High Court has recently reduced the permanent alimony awarded to a divorced wife from Rs 25,00,000 to Rs 10,00,000, after she remarried during the pendency of the husband's appeal. The court observed that alimony cannot be converted into a 'windfall' or a continuing entitlement not affected by subsequent changes in marital and financial circumstances. [2026 LiveLaw (Kar)...

Madras High Court Imposes ₹50K Costs On Man Who Sought Child's DNA Test To Humiliate Wife, Protract Her Maintenance Case
The Madras High Court recently refused a man's plea for a DNA test, noting that he had filed the same 10 years after the wife filed a Domestic Violence case, without providing any reasonable or acceptable explanation for the delay. Justice Shamim Ahmed remarked that the husband had sought a DNA test only to humiliate and defame his wife in the society, and to protract the maintenance...

Bar On Application Of Hindu Marriage Act To Scheduled Tribes Doesn't Apply If Couple Follows Hindu Customs: Rajasthan High Court
Rajasthan High Court has held that persons belonging to Scheduled Tribes following Hindu traditions and customs will be governed by Hindu Marriage Act and thus cannot be relegated to customary courts when the parties themselves admit that they are following Hindu rites.In doing so the court granted divorce to a couple belonging to Meena Community under the Hindu Marriage Act after noting that...

Indian Succession Act | Different Treatment Of Hindu And Christian Wills Upon Testator's Marriage 'Not Discriminatory': Kerala High Court
The Kerala High Court, in a recent decision, held that the differential treatment of wills made by Christians and Hindus upon marriage of the testator, as contemplated under Indian Succession Act, 1925, is not discriminatory. [2026 LiveLaw (Ker) 571]Section 69 provides for automatic revocation of Wills made by Christians, upon their marriage. This provision is not applicable to Hindus due to...

Pressurizing Only Son To Abandon His 68-Year-Old Widowed Mother Is Mental Cruelty: Allahabad High Court
The Allahabad High Court has held that persistent pressure by a wife upon her husband, the only son of his 68-year-old widowed mother, to leave the mother and set up a separate household amounts to mental cruelty and entitles the husband to a decree of divorce under Section 13 of the Hindu Marriage Act, 1955.The bench of Justice J.J. Munir and Justice Indrajeet Shukla held,“The attempt...

Asking Daughter-In-Law To Do Household Chores Like Washing Clothes, Utensils Is Not Cruelty U/S 498A IPC: Bombay High Court
In-laws asking daughter-in-law to do household chores like washing clothes and utensils would not amount to cruelty under section 498-A of the Indian Penal Code (IPC) and they cannot be prosecuted on this allegation, held the Bombay High Court while quashing FIR against six members of a family. Sitting at the Kolhapur seat, single-judge Justice Abhay Mantri noted the allegation made by...

Spouses Can't Be Compelled To Continue Broken Marriage For Welfare Of Children: Madras High Court
Court said it has to balance the welfare of children with the realities of matrimonial relationship.

Written Plea For Permanent Alimony Is The Rule; Oral Prayer Permissible Where Parties Agree On Entitlement, Quantum: Allahabad High Court
The Allahabad High Court has held that a claim for permanent alimony under Section 25 of the Hindu Marriage Act, 1955 must ordinarily be made in writing, either by a separate application or by a demand carried in the written statement. It held that an oral prayer can be entertained only in the exceptional case where the Court is not required to decide either the entitlement to permanent...
