Jharkhand High Court Sets Aside Mutual Consent Divorce Decree, Says Appeal Lies When Consent Or Statutory Safeguards Are In Question

The Jharkhand HC has held that although a decree of divorce passed by mutual consent under Section 13B of the Hindu Marriage Act, 1955 is ordinarily not appealable, an appeal can be maintained where the genuineness of consent is disputed or mandatory statutory safeguards have not been followed. The Court set aside a mutual consent divorce decree after finding that the Family Court had failed...

'Absence Of Application Doesn't Prevent Court From Granting Interim Maintenance Suo Motu Under Hindu Marriage Act': Jharkhand High Court

The Jharkhand HC has held that a court can grant interim maintenance suo motu under Section 24 of the Hindu Marriage Act, 1955, even where the financially dependent spouse has not filed a formal application seeking such relief. The Court observed that procedural technicalities cannot defeat the statutory right to maintenance, particularly where a spouse lacks the means to contest...

Husband Insisting Wife Accept His Affair, Live With Other Woman As 'Younger Sister' Is Cruelty Of Gravest Kind: Jharkhand High Court

The Jharkhand HC has held that a husband insisting that his wife accept his extramarital relationship and live with the woman with whom he was having an affair as a “younger sister” amounts to mental cruelty of the gravest kind. The Court allowed the wife's appeal against the dismissal of her divorce petition and dissolved the marriage on the ground of cruelty.A Division Bench of...

Major Unmarried Daughter Can Claim Maintenance Under Section 125 CrPC Despite Alternative Remedy Under HAMA: Bombay High Court

The Bombay High Court has held that the availability of an alternative remedy under the Hindu Adoptions and Maintenance Act, 1956 (HAMA) does not bar a major unmarried daughter from claiming maintenance under Section 125 of the Code of Criminal Procedure (CrPC). The Court observed that maintenance could not be denied to the daughter merely because she could pursue a separate remedy under...

Custody Plea Under Guardians & Wards Act Must Be Heard By Court Where Child Resides: Gujarat High Court

The Gujarat High Court has held that proceedings seeking custody of a child under Guardians and Wards Act must be heard by the family court in whose jurisdiction the child resides. [2026 LiveLaw (Guj) 291]The court was hearing an estranged wife's plea to transfer the husband's matrimonial suit from Family Court, Himmatnagar to Family Court, Rajkot where she is residing with her parents.She...

AP High Court Sets Aside Order Allowing Wife To Reopen Ex-Parte Divorce After Husband Remarried; Cites 680-Day Delay

The Andhra Pradesh High Court has quashed an order setting aside ex-parte divorce decree which was challenged by the wife after 680-day delay, noting that the trial court failed to assign reasons for condoning delay and did not consider the consequences of the husband's subsequent remarriage. [2026 LiveLaw (AP) 257]In this context, Section 15 of the Hindu Marriage Act, 1955, deals with the...

Husband's Plea For Restitution Of Conjugal Rights Under Muslim Law No Ground To Quash Wife's Cruelty FIR: MP High Court

The Madhya Pradesh High Court has held that a husband's plea seeking restitution of conjugal rights under Muslim law cannot by itself be a ground to quash his wife's FIR alleging cruelty and dowry harassment. [2026 LiveLaw (MP) 422]Dismissing a husband's petition seeking quashing of an FIR for cruelty (Section 498A of the IPC) and Sections 3 and 4 of the Dowry Prohibition Act, the bench...

Wife's Prolonged Refusal To Have Physical Relations Without Valid Reason Constitutes Mental Cruelty: Rajasthan High Court

The Rajasthan High Court has held that a wife's prolonged refusal to have sexual relations without physical incapacity or a valid reason amounts to mental cruelty and constitutes a valid ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.A division bench of Justice Munnuri Laxman and Justice Yogendra Kumar Purohit upheld the divorce decree granted to the husband,...

Prior Agreement On Dowry Amount Not Necessary For Prosecution; Subsequent Dowry Demand Also Punishable: MP High Court

The Madhya Pradesh High Court has observed that a dowry demand made after marriage can still attract Section 4 of the Dowry Prohibition Act, even in the absence of a pre-marital dowry agreement. [2026 LiveLaw (MP) 419]Setting aside the appellate court's order acquitting a husband and his father, the bench of Justice Alok Awasthi held,"It is a culture or tradition that a prior dowry contract...

Maternal Grandmother Can Seek Maintenance For Minor Without Being Appointed Legal Guardian: MP High Court

The Madhya Pradesh High Court has held that a maternal grandmother can seek maintenance for her grandchild under Section 125 CrPC, without being appointed as the minor's legal guardian. [2026 LiveLaw (MP) 420]Emphasising that Section 125 CrPC must be interpreted to advance social justice, the bench of Justice Dwarka Dhish Bansal observed:"The provision under Section 125 of the CrPC is to...

Mere Acquittal In Criminal Proceeding U/S 498A IPC Does Not Establish That Cruelty Allegations Were False: Chhattisgarh High Court

The Chhattisgarh High Court has held that a husband's acquittal in a criminal proceeding under Section 498A of the Indian Penal Code does not, by itself, establish that the allegations constituting cruelty against him were false. The Court observed that cruelty must be determined by examining the evidence in the matrimonial proceedings as a whole. [2026 LiveLaw (Chh) 142]A division bench...

Madras High Court Seeks Data On Matrimonial Disputes Involving COVID-Era Marriages, To Explore New Ways For Amicable Resolution

After taking note of a large number of matrimonial disputes involving parties who got married during the Covid-19 period, the Madras High Court has called for statewide data in an attempt to resolve the disputes amicably. Justice Anand Venkatesh noted that once such data is placed before the court, it could seek assistance from experienced lawyers and come up with a different kind...