Wife Allegedly Calling Husband "Black Complexioned" Or "Fatty Shaped" Not Sufficient To Grant Divorce: Chhattisgarh High Court

The Chhattisgarh High Court has held that a wife's alleged description of her husband as “black complexioned” or “fatty shaped” cannot, by itself, be treated as sufficient ground for granting him a decree of divorce. The Court observed that mere allegations, without any evidence substantiating them, cannot be the basis for granting divorce. A division bench of Justice Parth Prateem...

Hindu Succession Act |Widow's Limited Interest Becomes Absolute Under S14(1) Even Without Partition: Supreme Court

The Supreme Court has held that a Hindu widow who acquired an interest in her deceased husband's property under the Hindu Women's Rights to Property Act, 1937, could become the absolute owner of that interest by virtue of Section 14(1) of the Hindu Succession Act, 1956, even if no partition had taken place.The Court observed that even where the property remains undivided, a widow's limited...

Does Divorce On Ground Of Desertion Bar A Wife From Claiming Maintenance U/S 125 CrPC? Allahabad High Court Answers

The Allahabad High Court has held that a divorced woman can claim maintenance under Section 125 CrPC from her former husband even where the divorce was granted on the ground of her desertion, provided she has not remarried and is unable to maintain herself.A bench of Justice Ram Manohar Narayan Mishra made the observation while allowing a criminal revision filed by a woman whose maintenance...

'Mere Wish Of Wife That Husband Should Live As 'Gharjamai' Is Not Cruelty': Jharkhand High Court Refuses Divorce To Husband

The Jharkhand High Court has held that a wife's mere wish that her husband live as a Gharjamai cannot constitute cruelty for the purpose of seeking divorce under the Hindu Marriage Act.A Division Bench of Justice Sujit Narayan Prasad and Justice Sanjay Prasad was hearing an appeal filed by the husband challenging the dismissal of his divorce petition under Section 13(1)(ia) of the Hindu...

Arya Samaj Marriage Certificate Alone Can't Prove Valid Hindu Marriage; Essential Ceremonies Must Be Performed: Allahabad High Court

The Allahabad High Court has observed that merely producing a marriage certificate issued by an Arya Samaj Mandir cannot establish that a valid marriage was solemnized under the Hindu Marriage Act. The Court said that the essential ceremonies prescribed for a Hindu marriage must be performed. A bench of Justice Rajeev Singh observed thus while quashing the removal of an officer of the...

Child Custody | Father's Role Goes Beyond Financial Support, Can't Be Overlooked Due To Judicial Sympathy Towards Mother: Telangana High Court

The Telangana High Court has observed that a father cannot be deprived of a child's custody as a matter of course unless he is shown to be an unsuitable or undeserving parent. [2026 LiveLaw (Tel) 155]In doing so the court directed the return of a four-year-old girl to the United States, where her parents' custody dispute was already before a court.A Division Bench of Justice Moushumi...

Wife Not Entitled To Interim Maintenance For Period She Was Employed: Delhi High Court Modifies Family Court Order

The Delhi High Court has held that a wife is not entitled to interim maintenance under Section 24 of the Hindu Marriage Act for the period during which she was employed and earning. [2026 LiveLaw (Del) 880]The Division Bench of Justices Vivek Chaudhary and Renu Bhatnagar modified a Family Court order that had directed the husband to pay her ₹5,000 per month from the date of filing of...

CWC Has No Jurisdiction Over Child Who Is Not 'Orphan' Or 'Abandoned' Even If Adoption Procedure Was Not Followed: Bombay High Court

The Bombay High Court has held that the Child Welfare Committee (CWC) does not have the power to deal with a child who is neither an orphan nor abandoned. The Court observed that though due procedure was not followed in the adoption of the child, the CWC's order was not justified, and granted custody of the child back to the adoptive parents.A division bench of Justice Urmila Joshi-Phalke...

Financial Difficulty Alone No Ground To Transfer Matrimonial Case; Husband Can Bear Wife's Travel Expenses: Rajasthan High Court

Rajasthan High Court dismissed a petition by a wife, seeking transfer of divorce proceedings from Alwar to Jaipur opining that that merely because petitioner had claimed to be not financially well-off, it could not be accepted that she was unable or incapable of travelling, especially when the respondent-husband was ready to pay off her expenses for such travel. The bench of Justice...

Father Lacking Moral Support From Son Who Acquires His Property Can't Claim Maintenance U/S 125 CrPC Unless Destitute: Madras High Court

The Madras High Court recently held that a son failing to support his father after obtaining his self-acquired property by itself was not a ground to claim maintenance under Section 125 of CrPC when the father is not living in vagrancy or destitution. [2026 LiveLaw (Mad) 449] “This is certainly a hard case when the son is accused of obtaining the self-acquired property of a father by...

'Low Moral Fibre': Madras High Court Denies Mother Custody Of Minor Children

The Madras High Court recently denied custody of two minor children to their mother after noting that the woman had a low moral fibre and her company will be detrimental to the well being of the children. [2026 LiveLaw (Mad) 450]“All these allegations point to a person who has a low moral fibre and whose company would be detrimental to the welfare and well being of two minor children who are...

Muslim Law Giving Mother Custody Of Daughter Till Puberty Does Not Make Paternal Family's Custody Illegal: Gujarat High Court

The Gujarat High Court has held even though Muslim Law entitles a woman to have her minor daughter's custody until she attains puberty, the child's custody with her paternal family cannot be termed as illegal confinement. [2026 LiveLaw (Guj) 248]The petitioners were the paternal grandmother and paternal aunts of the minor having her custody, whereas the respondent no.2 is the minor's...