Family Law/Matrimonial Cases
Unfounded Allegations Of Mental Illness Against Wife Amount To Cruelty, Violate Dignity & Privacy: Madras High Court
While refusing to grant divorce to a husband who claimed to have suffered mental cruelty due to his wife's alleged undisclosed Schizophrenia condition, the Madras High Court held that making such unfounded allegations regarding the mental health of the wife not just amounts to cruelty but is an intrusion into the wife's privacy and personal autonomy. [2026 LiveLaw (Mad)...
Rajasthan High Court Rejects Husband's Plea Seeking Wife's Narco, Polygraph & DNA Tests To Rebut Impotency Allegations
The Rajasthan High Court has upheld the rejection of a husband's application seeking joint medical examination of himself and his wife, to refute the allegations of physical incapacity and impotency levelled by the wife in her divorce petition. [2026 LiveLaw (Raj) 248]The bench of Justice Sanjeet Purohit observed that firstly, the application was filed at a belated stage of the proceedings,...
Does Daughter Have Coparcenary Rights In Grandfather's Self-Acquired Property Allotted To Father In Partition? Karnataka High Court Answers
The Karnataka High Court on Tuesday (June 16) ruled that properties inherited by daughter's father from her grandfather–which he had acquired on his own, become individual/ separate properties of her father. [2026 LiveLaw (Kar) 210]Such properties would not assume the character of ancestral property at the hands of the father merely because they were received through a family partition,...
Can A Divorced Wife Claim Maintenance Or Seek Its Enhancement From Ex-Husband's Estate After His Death? Bombay High Court Answers
In a significant ruling, the Bombay High Court held that a divorced woman though can continue to seek maintenance based on a decree, from the husband's estate or properties even after his death, however, she cannot seek enhancement of the same maintenance from the said estate after his death. [Citation: 2026 LiveLaw (Bom) 284]A division bench of Justice Bharati Dangre and Justice...
Wife Cannot Continue To Occupy Sister-In-Law's Property After Husband Vacates: Delhi High Court
The Delhi High Court has held that a woman cannot continue to occupy a property owned by her sister-in-law after her husband, who was residing there as a permissive occupant, vacates the premises.While dealing with one such case, Justice Neena Bansal Krishna observed,“...it is her husband MK who had been permitted to occupy the Suit premises and after marriage she had merely joined him...
Is Sole Surviving Widow Entitled To Full Family Pension Despite Being 'Second Wife'? P&H High Court Answers
The Punjab and Haryana High Court has held that where a deceased government employee is survived by only one widow and there are no eligible claimants from a pre-deceased spouse, the surviving widow is entitled to full (100%) family pension.The Court clarified that the State cannot retain any portion of the pension by misapplying provisions meant for cases involving multiple...
Custody Of Child Cannot Continue Without Court Order, Even If Child Went Willingly: MP High Court Restores Custody To Mother
The Madhya Pradesh High Court has restored the custody of a 7-year-old girl to her mother, after observing that the father cannot keep the child in his custody, even if the child went willingly, in the absence of a court order. [2026 LiveLaw (MP) 208]2026 LiveLaw (MP) 208A habeas corpus writ petition was filed by a mother seeking production of his 7-year-old daughter and her husband...
'Premature': Rajasthan High Court Rejects Estranged Wife's Plea For Inclusion As Nominee In Family Pension During Lifetime Of Husband
Rajasthan High Court dismissed the petition filed by an estranged wife seeking inclusion of her name as a nominee in the pension payment order (PPO) of her husband, after noting that since the husband was still alive and thus her petition was premature.The bench of Justice Ashok Kumar Jain observed that the petitioner had no right to claim inclusion of her name in the PPO as nominee to...
'Deprived Of Legitimate Right To Maintenance': MP High Court Grants ₹10 Lakh Compensation To Woman In Domestic Violence Case
The Madhya Pradesh High Court has substantially enhanced the compensation awarded to a woman and her daughter from ₹10,00 to ₹10 Lakh in a domestic violence case, noting that her husband's family filed a civil suit and obtained a decree, thereby depriving the woman benefit of maintenance which was already settled in her favour.The bench of Justice Gajendra Singh observed:"The course...
Wife Continuing Dowry Case After Taking ₹20 Lakh Alimony & Mutual Divorce Is Abuse Of Law: Rajasthan High Court
The Rajasthan High Court held that continuation of proceedings against ex-husband and his family by the ex-wife even after receiving a lumpsum amount of Rs. 20 lakhs as alimony and procuring a decree of mutual divorce, amounted to abuse of the process of law. The bench of Justice Anoop Kumar Dhand observed that the matter indicated a reverse trend wherein the complainant-wife, despite...
'Cannot Be Made Family Court': Madras High Court Dismisses Woman's Plea To Stop Pension Benefits Of Husband Over Unpaid Maintenance
The Madras High Court recently dismissed a plea by a wife seeking to stop the disbursement of pensionary benefits and other service benefits to her husband over unpaid maintenance dues. Justice Mummineni Sudheer Kumar observed that the High Court could not be converted into an execution court or family court. The court observed that if the wife succeeded in her maintenance case against...
Supreme Court Lays Down Principles For Psychological Evaluation Of Children In Custody Disputes
The Supreme Court today laid down a set of broad principles for courts dealing with requests for psychological or psychiatric evaluation of children in custody, visitation and parental access disputes, holding that “minimum intrusion” into a child's life should be the norm and courts must remain sensitive to the risk of re-traumatisation.A bench of Justice Sanjay Karol and Justice N...












