Family Law/Matrimonial Cases
Every Disagreement Between Wife And In-Laws Not Cruelty: Madras High Court Refuses Divorce To Husband
The Madras High Court has held that every disagreement that a spouse has with parents-in-law cannot be termed as cruelty committed by that spouse against the other spouse. [2026 LiveLaw (Mad) 466] The bench of Justice GR Swaminathan and Justice MD Sumathi thus refused to grant divorce to a husband on allegations of cruelty. “The evidence further shows that the...
Family Suit Can Be Transferred To Wife's Place Of Residence Over Hardship Caused Due To Travel, Child-Care Duties: Gujarat High Court
The Gujarat High Court transferred a matrimonial suit from Family Court Morbi to the Court at Kutch after noting that the wife was living in Kutch district and travelling to Morbi to attending proceedings was causing her great hardship. [2026 LiveLaw (Guj) 261]In doing so the court noted that the inconvenience that was being caused to the wife was much higher as she was also taking care of...
Husband Cannot Refuse To Maintain Wife's Child From Previous Marriage After Knowingly Accepting Him: Uttarakhand High Court
The Uttarakhand High Court has held that a man cannot later “disown” the responsibility of maintaining his wife's child from a previous marriage, after having 'knowingly' accepted the child as part of the matrimonial household . “Having consciously accepted the matrimonial relationship with full knowledge of the existing circumstances,” Justice Alok Mahra held, the man “cannot now...
WhatsApp Chats Showing Mental Cruelty Cannot Be Ignored Merely For Non-Compliance With Evidence Act: Chhattisgarh High Court Grants Divorce
The Chhattisgarh High Court has held that unchallenged WhatsApp messages produced by a wife, which disclosed conduct falling within the ambit of mental cruelty, could not be brushed aside merely because the strict evidentiary requirements were not met. The Court observed that though the wife had not complied with the provisions of the Evidence Act in respect of the WhatsApp chats, the...
Husband's Visits To In-Laws' House Doesn't Prove Wife Refused To Cohabit 'Without Reasonable Cause': Chhattisgarh High Court
The Chhattisgarh High Court has held that the mere fact that a husband made repeated visits to his wife's parental home or issued a legal notice expressing willingness to resume matrimonial cohabitation cannot, by itself, establish that the wife's refusal to return was without reasonable cause under Section 9 of the Hindu Marriage Act, 1955. The Court observed that such subsequent expressions...
General Allegation That In-Laws Supported Husband Not Enough To Invoke Domestic Violence Act: Karnataka High Court
The Karnataka High Court has quashed domestic violence proceedings against a husband's parents, holding that a general allegation that they supported their son, without any specific allegation or overt act of domestic violence, cannot justify continuation of proceedings against them. The case against the husband, however, will continue. [2026 LiveLaw (Kar) 379]Justice Venkatesh Naik T was...
Supreme Court Lays Down Safeguards To Prevent Misuse Of POCSO Act In Child Custody Cases, Quashes False FIR Against Father
The Court cautioned against automatic arrest in such cases, and directed the invovlement of a child psychiatrist in the investigation.
'Parent Facing POCSO Prosecution Cannot Be Granted Custody', Supreme Court Permits Mother To Relocate Children To UK
The Supreme Court on Wednesday (September 23) permitted a mother to relocate her two minor children to the United Kingdom, while denying custody to the father who is facing prosecution under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The Court held that a parent facing prosecution under the POCSO Act cannot be considered entitled to custody of the children.The...
Women Becoming Career-Oriented Taking A Toll On Marriages; Husbands Becoming Homemakers May Be A Remedy: Madras High Court
If there can be house wives, there can be house husbands also. Let this become a new normal, Court said.
Short Duration Of Marriage Alone Can't Determine Permanent Alimony: Karnataka High Court Upholds ₹50 Lakh Award
Alimony can't be determined on basis of duration of marriage or by applying mathematical formula, Court said.
Presumption Of Hindu Family's Jointness Can Be Refuted If Relationship Amongst Members Becomes Remote: Karnataka High Court
The Karnataka High Court has held that the presumption of jointness of a Hindu family is not an “immutable rule of evidence” and becomes progressively weaker as relationships become remote, particularly when disputes arise between members belonging to the third generation or beyond.Referring to the principles stated by Mulla on Hindu Law, Justice Sachin Shankar Magadum said, “The...
