Family Law/Matrimonial Cases
Hindu Marriage Without Performance Of Essential Ceremonies Like Saptapadi Is Void Despite Registration Certificate: Gujarat High Court
The Gujarat High Court has held that under Hindu Marriage Act, a marriage is only considered valid if the essential rites and ceremonies including Saptapadi (seven steps) are performed by the couple, adding that registration of the marriage does not by itself make a marriage valid if the essential ceremonies have not been performed. [2026 LiveLaw (Guj) 180]The court was hearing a man's...
Woman Demanding 'Alimony' From Second Husband Despite Subsistence Of First Marriage Can Be Booked For 'Extortion': Bombay High Court
The Bombay High Court has refused to quash an extortion FIR lodged against a Pune-based woman who entered into a second marriage while her first marriage was subsisting, and demanded alimony from the second husband by misusing the law.Single-judge Justice Ranjitsinha Bhonsale in an order pronounced on June 10, noted that the Petitioner performed her second marriage in September 2015 when...
Educated Wife Not Earning Sufficient Income Entitled To Maintenance; Parents' Property Or Pension Does Not Count: Allahabad High Court
The Allahabad High Court has observed that the mere fact that a wife is educated cannot disentitle her from claiming maintenance under Section 125 CrPC when there is no evidence that she is actually earning sufficient income. A bench of Justice Garima Prashad further observed that the pension or properties of the wife's parents cannot be treated as the independent income of the wife...
'Conditions Shouldn't Be Illusory': Kerala High Court Sets Aside ₹75 Lakh Security Imposed On Mother Taking Child Abroad For Education
The Kerala High Court recently set aside two conditions imposed by the Family Court on a mother, who wanted to take her minor child to United Kingdom for better education and proper care for him. [2026 LiveLaw (Ker) 351]The Family Court had ordered the mother to furnish security of Rs. 75 lakhs for taking the child to UK. The Division Bench of Justice J. Nisha Banu and Justice Shoba Annamma...
Financially Independent Wife Earning More Than Husband Can't Claim Maintenance Merely Because She Is A Woman: Karnataka High Court
The Karnataka High Court, while setting aside a trial court's direction to a husband to pay Rs 20,000 interim maintenance to his wife, has held that a wife who earns considerably more than her husband cannot claim maintenance from him, especially when she has no other obligations or liabilities to discharge. [2026 LiveLaw (Kar) 222]The single judge bench of Justice Dr. Chillakur Sumalatha...
Parents Supporting Wife During Distress Doesn't Absolve Husband Of Duty To Pay Maintenance: Allahabad High Court
The Allahabad High Court has observed that a wife cannot be denied maintenance from her husband under Section 125 CrPC merely because her parents support her financially during times of distress. A bench of Justice Garima Prashad added that the income of the wife's parents cannot be treated as the income of the wife, and parental assistance is not a substitute for the legal obligation...
Welfare Scheme House Allotment To Wife Doesn't Disentitle Her From Claiming Maintenance U/S 125 CrPC: Allahabad High Court
The Allahabad High Court has recently observed that allotment of a residential house to a woman under a welfare scheme cannot be treated as a source of livelihood, disentitling her from claiming maintenance from her husband under Section 125 CrPC. A bench of Justice Garima Prashad also added that a husband cannot avoid his statutory obligation to maintain his wife merely by asserting that...
'Wife Can't Be Treated As Chattel': Orissa High Court Imposes ₹50K Costs On Husband For Filing Habeas Corpus Plea In Matrimonial Dispute
The Orissa High Court has recently dismissed a writ petition in the nature habeas corpus filed by a husband and imposed an exemplary cost of rupees fifty thousand on him for litigating to secure custody of his wife, who had left matrimonial home out of her own volition due to marital disharmony.Terming the case to be a “classical example” of husband pressurizing wife of conjugal union...
Delay In Deciding Custody Matters Causes Prejudice To Child: Delhi High Court
The Delhi High Court has observed that delay in deciding child custody disputes itself causes prejudice to the child, while cautioning against a recurring pattern of approaching courts to stall handover of child to the spouse.A Division Bench of Justices Tejas Karia and Madhu Jain made the observation while dismissing a mother's appeal against a Family Court order granting the father...
Can Remarriage During Pendency Of A Delay-Condoned Divorce Appeal Be Treated As Void? Kerala High Court Explains
The Kerala High Court has recently considered a question as to whether the remarriage of a party during the pendency of divorce appeal under the Hindu Marriage Act, in which delay was condoned, would be void. [2026 LiveLaw (Ker) 343]The Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. was considering an appeal filed by a husband/appellant challenging a decree...
Family Courts Are Duty Bound To Accept 'Mubarat' Divorce Of Muslim Couple: Gujarat High Court
The Gujarat High Court has reiterated that when marriage between a Muslim couple, governed by the Shariat Law, is dissolved by Mubara'at Agreement, then Family Courts are duty bound to accept the agreement of the parties and to declare the dissolution of the marriage as agreed between parties. [2026 LiveLaw (Guj) 171]A division bench of Justice Ilesh J Vora and Justice RT Vachhani in its...
"Why Are You Opposing Adoption By Family Members?" Supreme Court Questions CARA Over Objection To US-Based Aunt Adopting Child
The Supreme Court on Monday questioned the Central Adoption Resource Authority (CARA) for opposing the adoption of a minor girl by her maternal aunt residing in the United States, orally remarking that the authority has adopted a negative attitude towards such adoptions.A bench of Justice BV Nagarathna and Justice Joymalya was hearing a writ petition filed by a 13-year-old girl and her...











