Family Law/Matrimonial Cases
Muslim Man's Second Marriage Under Special Marriage Act Void If First Marriage Subsists: Karnataka High Court
The Karnataka High Court has recently held that a marriage solemnised under the Special Marriage Act, 1954, during the subsistence of an earlier marriage, is void ab initio, even if the parties are governed by a personal law that permits polygamy. [2026 LiveLaw (Kar) 266]The single judge bench of Justice Sachin Shankar Magadum held that such a marriage does not confer the status of a...
Can Wife Be Denied Half Share In Jointly Purchased Property Because Husband Paid Entire Consideration? Kerala High Court Answers
The Kerala High Court has held that the property, purchased under the joint names of both spouses cannot be claimed by the husband alone by claiming that he paid the entire amount, unless theres is evidence to show that the property was held on trust or that the property was fraudulently purchased in the name of one spouse. [2026 LiveLaw (Ker) 391]The Division Bench of Dr. Justice...
Wife Earning Substantially More Than Husband, Can't Seek Maintenance Claiming Cost Of Living Abroad Is Exorbitant: Bombay High Court
A woman who earns 'substantially' more than her husband and lives in a foreign country cannot seek maintenance from him only on the ground that the cost of living abroad is 'exorbitant', held the Bombay High Court recently while rejecting a US-based woman's plea seeking monthly maintenance of Rs 1 lakh from her husband. A division bench of Justice Bharati Dangre and Justice Manjusha...
Woman 'Concealing' Subsisting Marriage Not Entitled To Maintenance From Second Husband: Bombay High Court
A woman, who conceals her first marriage and performs a second marriage despite the subsistence of the first marriage, cannot seek maintenance from her second husband under Section 125 CrPC, held the Bombay High Court recently. Single-judge Justice Milind Sathaye in an order passed on July 16, dismissed the appeal filed by a woman, who had challenged a lower court's order which had directed...
Tinder Relationship Turning Sour Doesn't By Itself Amount To Rape On False Promise Of Marriage: Uttarakhand High Court
The Uttarakhand High Court has held that where two adults enter into a consensual relationship after meeting through a dating application like Tinder, the relationship cannot subsequently be termed as one based on a false pretext of marriage merely because it later turns sour and does not culminate in marriage. The Court observed that the allegations disclosed a consensual relationship and not...
Wife Demanding ₹2 Crores To Consent For Divorce, Refusing Cohabitation Amounts To Mental Cruelty: Chhattisgarh High Court
The Chhattisgarh High Court has upheld a decree of divorce on the ground of mental cruelty, holding that a spouse who persistently refuses to resume cohabitation, deprives the other spouse of matrimonial companionship and consortium, and demands an exorbitant lump-sum amount of ₹2 crores as a condition for consenting to divorce subjects the other spouse to mental cruelty. [2026 LiveLaw...
Mere Absence Of Allegations In Domestic Incident Report No Ground To Refuse Summons In DV Case: Delhi High Court
The Delhi High Court has held that the mere absence of specific allegations against a respondent in a Domestic Incident Report (DIR) cannot be a ground to refuse summons in proceedings under the Protection of Women from Domestic Violence Act, 2005 (DV Act). [2026 LiveLaw (Del) 667]Justice Saurabh Banerjee observed that a DIR is only intended to facilitate and assist the Magistrate and...
Fresh DNA Test Can't Be Denied Over Earlier Report Being Unchallenged, Child's Right To Recognition Of Paternity Prevails: AP High Court
The Andhra Pradesh High Court has held that a fresh DNA test may be directed in exceptional circumstances where a child's right to maintenance and determination of paternity is directly in issue, notwithstanding an earlier DNA report obtained during criminal proceedings. [2026 LiveLaw (AP) 135]In doing so, the Court allowed a mother and her minor daughter's plea seeking a fresh DNA...
Trial Court Need Not Defer S.125 CrPC Maintenance Order If S.340 CrPC Plea Is Filed After Judgment Is Reserved: Allahabad High Court
The Allahabad High Court has clarified that the Trial Courts are not obligated to defer pronouncement of judgment on a maintenance application filed under Section 125 CrPC merely because an application under Section 340 CrPC is filed after the judgment was reserved. A bench of Justice Lakshmi Kant Shukla observed that proceedings contemplated under Section 340 CrPC are independent...
Can't Conduct Detailed Inquiry Into Child's Welfare In Habeas Corpus Jurisdiction, Remedy Lies Under Guardians & Wards Act: AP High Court
The Andhra Pradesh High Court has held that a habeas corpus writ is ordinarily not maintainable in child custody disputes where a detailed inquiry into the welfare of the minor is required, particularly when proceedings under the Guardians and Wards Act, 1890 are already pending. [2026 LiveLaw (AP) 129]The Division Bench of Justice Ravi Nath Tilhari and Justice Subhendu Samanta dismissed a...
