Family Law/Matrimonial Cases
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...
Professionally Active Wife's Plea Of Inability To Travel Doesn't Inspire Confidence: P&H High Court Declines Transfer Of Divorce Case
The Punjab and Haryana High Court has dismissed a transfer petition filed by a wife seeking transfer of a divorce case instituted by her husband from Amritsar to Hoshiarpur, holding that no sufficient ground or genuine hardship was made out to warrant such transfer.Justice Nidhi Gupta said, "Moreover, from the material placed on record, including photographs annexed by respondent No.1,...
Acquittal In Rape Case Doesn't Bar Scientific Determination Of Paternity : Supreme Court Upholds DNA Test Order
The Supreme Court recently held that a DNA test may be directed in a paternity dispute even where the alleged father was previously acquitted in a criminal rape case, observing that scientific evidence becomes indispensable when no other evidence can conclusively resolve the question of biological parentage. A Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh dismissed...
MP High Court Grants Maintenance To Woman & Child; Draws Adverse Inference Against Man For Refusing DNA Test
The Madhya Pradesh High Court has awarded maintenance to a woman and her son after holding that an adverse interference could be drawn against a man who refused to undergo a DNA fingerprinting test sought to establish the child's paternity. The court observed that proceedings under Section 125 CrPC are welfare-oriented in nature and do not require strict proof of marriage as is necessary...