Courts Cannot Presume Bride Entrusts Gold To Husband Or In-Laws Based On Social Customs Alone: Kerala High Court

The Kerala High Court has held that courts adjudicating matrimonial disputes cannot presume that a bride entrusted her gold ornaments or money to her husband or in-laws merely on the basis of prevailing social customs or general practices. [2026 LiveLaw (Ker) 371]Observing that assumptions drawn from past precedents may no longer reflect contemporary realities, the Division Bench of Justice...

Can Woman Claim Maintenance U/S 125 CrPC From Man She 'Married' Without Divorcing First Husband? Allahabad High Court Answers

The Allahabad High Court has clarified that a woman does not qualify as a "legally wedded wife" and hence is not entitled to claim maintenance from her partner under Section 125 CrPC if she began residing with him without first divorcing her first husband. A bench of Justice Achal Sachdev thus set aside the Family Court's order to the extent that it granted maintenance to the woman from...

Secretly Recording Spouse's Calls Without Consent Violates Right To Privacy, Inadmissible In Divorce Proceedings: Telangana High Court

The Telangana High Court has held that secretly recording telephone conversations of a spouse without their consent constitutes a breach of the fundamental right to privacy under Article 21 of the Constitution and that such recordings cannot be admitted in evidence in matrimonial proceedings. [2026 LiveLaw (Tel) 103]The Court further held that documents sought to be produced as...

S. 125 CrPC | Strict Proof Of Marriage Not Required If Cohabitation As Husband & Wife Is Established: Allahabad High Court

The Allahabad High Court has observed that where a man and a woman have lived together as husband and wife and the relationship is otherwise established, strict proof of a valid marriage should not be insisted upon so as to defeat a claim under Section 125 CrPC. Referring to the Supreme Court's 2014 decision in Badshah vs Urmila Badshah Godse & Anr, a bench of Justice Achal...

Discord Between Parents And Wife Not A Ground To Deny Monthly Maintenance To Elderly Parents: Bombay High Court

A family discord between a man's parents and his wife is not a sufficient ground for him to stop paying for the maintenance and medical expenses of his own parents, held the Bombay High Court recently while upholding an order of a Senior Citizens' Tribunal directing a man, who worked in Dubai to pay Rs 8,000 as maintenance to his old parents. [2026 LiveLaw (Bom) 322]Sitting at the Goa...

Allahabad High Court Seeks Explanation From Family Court Judge For Granting Maintenance To Wife Despite Remarriage

The Allahabad High Court, on Tuesday, sought explanation from Additional Principal Judge, Family Court, Jhansi as to why maintenance was granted to a wife from her first husband, when the wife had disclosed about her remarriage after divorce.It is the revisionist's case that the parties were granted a divorce decree on 30.07.2025 by the Additional Principal Judge, Family Court, Jhansi. It...

Once Domestic Violence Committed, Divorce Decree Does Not Absolve Husband Of Liabilities Under DV Act: Allahabad High Court

The Allahabad High Court has held that once domestic violence is committed, the husband is not absolved of liabilities under the Domestic Violence Act, 2005 even after passing of a divorce decree. Justice Brij Raj Singh held,“An act of domestic violence once committed, subsequent decree of divorce will not absolve the liability of the husband from the offence committed or to deny the benefit...

Muslim Husband Can Seek Family Court Declaration Of Divorce, If Talaq Is Undisputed: Allahabad High Court

The Allahabad High Court has held that Family Court can grant a declaration of divorce /Talaq under Section 7 of the Family Courts Act, 1984 even if the Talaq is under Muslim Personal Law and is uncontested by the parties or anyone else. The bench of Justice Alok Mathur and Justice Syed Qamar Hasan Rizvi held,“when the Court of learned Additional Principal Judge, Family Court, Lucknow...

S.14 HMA | Family Court Can't Discuss Merits Of 'Premature' Suit For Divorce Filed Within One Year Of Marriage: Gujarat High Court

The Gujarat High Court has held that where a suit for divorce is premature, having been presented within 1 year of marriage which is barred under Section 14 Hindu Marriage Court, the family court cannot decide the issue on merits and can only either return the plaint or dismiss it reserving the parties' right to file afresh. [2026 LiveLaw (Guj) 190]The husband had filed an appeal before the...

'Can't Get Rights After Avoiding Duty': Karnataka High Court Denies Visitation To Father Who Gave Up Rights In Divorce Settlement

The Karnataka High Court has held that a father who voluntarily gave up his visitation rights in a mediated settlement during divorce proceedings cannot later seek visitation rights, especially when he was not willing to bear the financial and emotional responsibility for his child. [2026 LiveLaw (Kar) 236]The single judge bench of Justice P Sree Sudha noted that since the father has avoided...

Trial Court Can't Place Entire Burden Of Proving Husband's Income On Wife: MP High Court Grants Maintenance

While granting maintenance to the wife and enhancing the maintenance amount of the minor child, the Madhya Pradesh High Court observed that the trial court had wrongly placed the entire burden of proving the husband's income. [2026 LiveLaw (MP) 250]Emphasizing that Section 125 CrPC is a social welfare proceeding, the bench of Justice Gajendra Singh held that the husband ought to have been...

Supreme Court Refuses To Interfere With Delhi HC Order Allowing Wife To Seek Husband's Hotel, CDR Records To Prove Adultery

The Supreme Court refused to interfere with the Delhi High Court ruling permitting a wife to summon hotel records and the call detail records (CDRs) of her husband in matrimonial proceedings to substantiate allegations of adultery.A partial court working days bench of Justice Manmohan and Justice K. Vinod Chandran dismissed the appeal filed by the husband, declining to interfere with...