Family Court Lacks Jurisdiction To Decide Maintenance Modification Pleas Under Domestic Violence Act: Bombay High Court

The Bombay High Court has held that a Family Court cannot decide an application under Section 25(2) of the Protection of Women from Domestic Violence Act, 2005 (DV Act), seeking modification of maintenance and rent orders originally passed by a Magistrate. The Court ruled that Section 26 of the DV Act, which enables Civil and Family Courts to grant reliefs under Sections 18 to 22, does not...

'Love Of Both Parents Is Child's Basic Right': Jharkhand High Court Upholds Father's Visitation, Declines To Disturb Mother's Custody

The Jharkhand HC has held that children require the love, affection, care, company and protection of both parents for their proper upbringing, and that this is not merely a requirement but their basic human right. The Court upheld a Family Court order declining temporary custody of a minor child to his father while granting him monthly visitation rights and telephonic interaction with the...

Mere Presence Of Another Person In Matrimonial Home Can't Prove Adultery: Madras High Court

The Madurai Bench of the Madras High Court has held that the mere presence of another person in the matrimonial home, without reliable evidence of an adulterous relationship, cannot sustain a decree of divorce under Section 13(1)(i) of the Hindu Marriage Act, 1955. [2026 LiveLaw (Mad) 529]The Division Bench of Justice G.R. Swaminathan and Justice M.D. Sumathi made the observation while...

'Spouses Must Endure Hardships Together': Jharkhand High Court Dismisses Husband's Plea Seeking Divorce Over Wife's Alleged Mental Illness

The Jharkhand HC has upheld the dismissal of a husband's divorce petition alleging cruelty and mental illness on the part of his wife, observing that marriage is highly revered in India and spouses must face illness and hardship together. The Court found that the husband had failed to establish either cruelty or mental disorder warranting dissolution of marriage under the Hindu Marriage...

Wife's LinkedIn Profile Not Proof Of 'Sufficient Income', Doesn't Disentitle Her From Maintenance: Bengaluru Court

A Bengaluru Sessions Court has held that husband relying on documents such as the LinkedIn profile and Facebook profile photos of his estranged wife as proof to show that she is working in private company, is not enough to claim that she has sufficient enough and is thus not entitled to maintenance from him. The court said that even if it is presumed that the woman has joined a job that is...

Can Children Appeal Against Eviction Orders Under Senior Citizens Act? Allahabad High Court Answers

The Allahabad High Court has observed that the children aggrieved by eviction orders passed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, have a right to challenge such orders before the appellate authority under Section 16 of the Act.A Bench of Justice Prakash Padia and Justice Indrajeet Shukla relied on an earlier decision of the High Court in Akhilesh Kumar...

Foreign Divorce Decree Against Indian Law & Change Of Citizenship Won't Shield Husband From Bigamy Prosecution : Supreme Court

The Supreme Court on Tuesday (November 3) upheld the bigamy proceedings against a man, who performed a second marriage abroad on the strength of a UK divorce decree on the ground of irretrievable breakdown of marriage after obtaining UK citizenship, and a failed attempt to end a marriage in India. Since the ground of irretrievable breakdown of marriage is not recognised under the Hindu...

Tripura High Court Sets Aside Family Court Order Denying Interim Maintenance To Wife, Says Court Must Protect Deserted Women

The Tripura High Court has set aside a Family Court order rejecting a wife's plea for interim maintenance, observing that the trial court failed to appreciate the purpose and object of maintenance provisions intended to protect deserted and distressed women. The Court held that the Family Court had incorrectly concluded, without recording evidence, that the wife had voluntarily left...

'Even By Performing A Hundred Misdeeds': Allahabad High Court Cites Manusmriti Verse While Stressing Husband's 'Pious' Duty To Maintain Family

Citing a verse from the 'Manusmriti', the Allahabad High Court recently stressed a husband's 'pious obligation' to maintain his wife, minor children and aged parents.A bench of Justice Praveen Kumar Giri referred to Chapter XI, Verse 10 of the Manusmriti while dealing with a criminal revision filed by the wife seeking enhancement of maintenance awarded by a Family Court in Kanpur...

Karnataka High Court Rejects Wife's Plea To Transfer Divorce Case, Says 5-Year Delay In Filing Petition Discloses Acquiescence

The Karnataka High Court rejected a wife's petition to transfer divorce proceedings to a different family court, noting that the plea— filed after a delay of five years since the institution of the case and four years after she entered her appearance— disclosed “acquiescence on part of petitioner.”Justice Ravi V Hosmani further ruled that a distance of 45 km between the wife's...

MP High Court Denies Divorce To Husband Who Made No Effort To Bring Wife Back After Restitution Of Conjugal Rights Decree

The Madhya Pradesh High Court has upheld the rejection of a husband's divorce petition, observing that his failure to make any effort to bring his wife back after obtaining a decree for restitution of conjugal rights showed that he had no genuine desire to resume cohabitation. [2026 LiveLaw (MP) 432]Emphasising that the husband could not be allowed to take advantage of his own wrong, the...

S. 14 Family Courts Act Doesn't Exempt Family Courts From Fundamental Rules Of Proof & Natural Justice: Allahabad High Court

The Allahabad High Court has held that the partial freedom from the Evidence Act which Section 14 of the Family Courts Act, 1984 gives to Family Courts does not release them from the ordinary principles of proof or from the rules of natural justice. It held that custody could not be decided on an affidavit filed by the father when he never presented himself for cross-examination.Setting aside...