Family Law/Matrimonial Cases

Rajasthan High Court Sets Aside Divorce Decree After Estranged Couple Reconciles, Restores Marriage
While quoting Mahabharata, Rajasthan High Court reversed a divorce decree in light of the post-facto reconciliation reached between the couple for the welfare of their minor daughter, and opined that while administering justice, the Court could not lose sight of the fact that matrimonial litigation was not merely competing legal claims but involved human relations. The division bench of...

'Permanent Alimony Not Intended To Equalise Wealth': Karnataka High Court Slashes Wife's ₹2 Crore Alimony To ₹50 Lakh
The Karnataka High Court has recently upheld the dissolution of marriage between a couple on grounds of cruelty, while substantially reducing the permanent alimony awarded to the wife from Rs. 2 crores to Rs. 50 lakhs. [2026 LiveLaw (Kar 348]The court held further that permanent alimony is not intended to equalise the assets or wealth of the parties but to ensure reasonable maintenance....

Daughter-In-Law Not Liable When Senior Citizen's Own Children Alive: Kerala High Court
The Kerala High Court recently held that a daughter-in-law is not liable under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 when the senior citizen's children are alive. [2026 LiveLaw (Ker) 499]Justice Harisankar V. Menon observed that a daughter-in-law would not fall within the definition of 'child' nor 'relative' under the Act when the senior citizen has other...

'Hectic': Karnataka High Court Modifies Visitation To Prevent 950-Km Monthly Travel For 10-Yr-Old In Father's Custody
Child has literally become a victim of disputes between parents, Court said.

Bombay High Court Denies Custody To Biological Parents Of 11-Yr-Old Living With Neigbours Since Infancy, Says Child Showed 'Indifference'
The Bombay High Court has refused to transfer the interim custody of an 11-year-old girl, who has been living with her neighbours since infancy, to her biological parents. The Court observed that the child had shown “complete indifference” towards her biological parents and had explicitly expressed her preference to remain with the neighbours, and such preference could not be...

Jharkhand High Court Grants Interim Custody Of 4-Year-Old To Mother, Notes “Pain And Sacrifice” Associated With IVF Process
The Jharkhand High Court has held that the welfare and best interests of a minor child must be the paramount consideration in custody matters and, while granting interim custody of a four-year-old girl to her mother, took note of the fact that the child was born through IVF and the mother had endured the “pain and sacrifice associated therewith.”A Division Bench of Justice Sujit...

Wife's Frequent Visits To Maternal Home, Pressure To Live Separately Despite Husband Being Only Son Amounted To Cruelty: Madras High Court
The Madras High Court recently held that a wife, forcing an only son to leave the joint family to set up a separate residence and going to her maternal house frequently without reason, would constitute cruelty on the husband. [2026 LiveLaw (Mad) 438] The bench of Justice PT Asha and Justice N Mala thus refused to interfere with an order of a Family Court, granting divorce to the husband...

Bombay High Court Criticises Family Court's 'Regressive' Remarks On 'Pious Duties' Of Wife
The Bombay High Court recently expressed displeasure with a Pune Family Court for sermonising and setting out the so-called 'pious' duties of a wife towards her husband and handing over a minor boy's custody to his father. The High Court held that Judges must be 'mindful' while making observations and avoid making any 'unwarranted' or 'unconnected' remarks. For context, Family Court Judge...

Sharia Body Can't Determine Muslim Woman's Marital Status Or Dissolve Marriage: Chhattisgarh High Court
The Chhattisgarh High Court has held that a private religious body styling itself as an “Idara-E-Shariya Islami Court” has no legal authority to adjudicate upon the marital status or legal rights and obligations of individuals. While leaving the constitutional validity of Talaq-e-Hasan open noting that some matters were pending before the Supreme Court, the Court emphasised that no...

Denial Of Cohabitation, False Criminal Case By Wife Amount To Cruelty: Rajasthan High Court Dissolves 22-Year-Old Marriage
The Rajasthan High Court has held that denial of cohabitation by the wife as well as filing of a false criminal case against the husband, amount to cruelty. The division bench of Justice Inderjeet Singh and Justice Sandeep Taneja was hearing an appeal against Family Court's rejection of a divorce application filed by the appellant-husband.It was the case of the husband that the marriage...

Long Cohabitation As Husband & Wife Raises Strong Presumption Of Valid Marriage, Heavy Burden On Party Challenging It: MP High Court
The Madhya Pradesh High Court has held that where a man and woman have lived together for a long period as husband and wife, the legal presumption would favour the legitimacy of their marriage rather than its illegitimacy. [2026 LiveLaw (MP) 353]The bench of Justice Pranay Verma stated:"There is no one in the village except defendant no.2, who does not treat defendant nos.1 and 3 as husband...

Divorce Decree Doesn't Bar Subsequent Claim For Permanent Alimony Under Section 25 Hindu Marriage Act: MP High Court
The Madhya Pradesh High Court has held that the fact that a decree of divorce has already been passed does not, by itself, preclude a spouse from seeking permanent alimony under Section 25 of the Hindu Marriage Act. [2026 LiveLaw (MP) 357]The Court accordingly held that the matrimonial court is competent to consider an application for permanent alimony even after the divorce decree.The bench...
