Family Law/Matrimonial Cases
Granddaughter Undergoing Studies Availing Loan Can't Be Expected To Maintain Pension-Drawing Grandmother: Kerala High Court
Kerala High Court recently held that a granddaughter, who is undergoing studies after availing a student loan, cannot be expected to maintain her pension-drawing grandmother. [2026 LiveLaw (Ker) 487]Justice Harisankar V. Menon dismissed an octogenarian's plea against her daughter-in-law and granddaughter seeking maintenance from them as per the Maintenance and Welfare of Parents and...
Woman Marrying Divorcee Can't Claim Maintenance If She Fails To Verify Finality Of Divorce Decree: Karnataka High Court
The Dharwad Bench of Karnataka High Court has held that a woman who knowingly marries a man believing him to be a divorcee cannot claim maintenance under Section 125 of the Code of Criminal Procedure (CrPC) if she failed to verify whether the divorce decree had attained finality or was stayed in appeal. Justice Geetha K.B. dismissed a revision petition filed by a woman challenging the...
Wife Who Left Matrimonial Home During Covid To Care For Parents & Never Came Back Not Entitled To Maintenance: Karnataka High Court
The Karnataka High Court has recently dismissed a revision plea filed by a wife seeking maintenance, holding that she failed to establish reasonable cause for leaving the matrimonial home, particularly when she left to care for COVID-affected parents and subsequently refused to return despite her husband's requests.The single judge bench of Dr. Justice Chilakur Sumalatha noted as below in...
Outsider's Alienation Of Joint Family Property Cannot Be Challenged In Partition Suit Between Coparceners: Bombay High Court
The Bombay High Court has held that an alienation of joint family property made by an outsider cannot be made a subject matter of a partition suit between the members of the joint family. The Court observed that whether the outsider had title to pass on to the purchaser cannot be decided in a suit for partition of the joint family properties.Justice Sandeep V. Marne was hearing a writ...
'Subjected Children To Hardship': Karnataka High Court Orders Psychological Assessment Of Parents Amid Custody Battle
The Karnataka High Court directed a separated couple to undergo psychological assessment and counselling for “fair parenting”, while refusing the husband's plea to subject their minor twins to a psychological assessment to evaluate the extent of “parental alienation” allegedly caused by their mother. “Undoubtedly in case there is necessity for such psychological assessment...
Coparcener Can Orally Relinquish Rights In Ancestral Property Without Written Registered Document: Bombay High Court
The Bombay High Court has held that a coparcener can orally relinquish his or her share in ancestral property in favour of another coparcener, without executing a written instrument or getting it registered. The Court, however, clarified that such relinquishment has to be proved by the person asserting it and cannot be presumed merely from a document executed for deletion of the coparcener's...
Husband Cannot Reagitate Settled Marriage Dispute To Escape Maintenance Liability: Delhi High Court
The Delhi High Court has held that a husband cannot reopen a marriage dispute that has already been finally decided in earlier proceedings in order to avoid his liability to maintain his wife under Section 125 CrPC. [2026 LiveLaw (Del) 794]Justice Saurabh Banerjee made the observation while dismissing a revision petition filed by a husband challenging a Family Court order directing him to...
Marriage Officer Can't Insist On Nepali Woman's Single Status Certificate To Solemnise Marriage Under SMA: Kerala High Court
The Kerala High Court recently clarified that a marriage officer cannot refuse to solemnize a marriage under the Special Marriage Act, 1954 by citing expired “single status certificate”. [2026 LiveLaw (Ker) 474]Justice Harisankar V. Menon was considering a writ petition preferred by a man, who was aggrieved by the Marriage Officer's refusal to solemnize his marriage with a...
'Abuse Of Process': Bombay High Court Imposes ₹5 Lakh Costs On Son Seeking To Assess 78-Yr-Old Father's Mental Condition Amid Property Dispute
The Bombay High Court recently imposed a hefty cost of Rs 5 lakh on a man for dragging his septuagenarian father to court despite the fact of him (father) suffering from various ailments. The High Court held this to be an abuse of the process and severely reprimanded the son's conduct. A division bench of Justice Ajay Gadkari and Justice Kamal Khata noted that in February 2026 a single-judge...
Spouses Living In Separate Rooms Not Cruelty Per Se, But Cumulative Effect Of Prolonged Discord Relevant: Karnataka High Court
The Karnataka High Court has recently dismissed an appeal filed by a husband challenging a decree of divorce granted on the ground of mental cruelty, and permanent alimony granted to his wife by the Family Court. While doing so, the court made a crucial distinction that mere separate living within the same premises, by itself, cannot be treated as cruelty. [2026 LiveLaw (Kar)...










