Family Law/Matrimonial Cases
Husband's Consent Not Required For Muslim Wife To Invoke 'Khula' Divorce; Family Court Need Not Conduct Detailed Inquiry: Kerala High Court
The Kerala High Court recently clarified that husband's consent or acceptance is immaterial when Muslim wife invokes extra-judicial divorce in the form of 'Khula'. [2026 LiveLaw (Ker) 548]The Division Bench of Justice J. Nisha Banu and Justice Shoba Annamma Eapen held:“'Khula' is the form of divorce conferred upon the wife similar to 'talaq' conferred upon the husband. The recognition...
Sanctity Of Marriage Not Served By Saving It Legally When Relationship Is Substantially Eroded: Orissa High Court
The Orissa High Court has held that merely saving the legal form of marriage is meaningless and does not uphold the sanctity of marriage when the conjugal relationship between a married couple has been substantially eroded. [2026 LiveLaw (Ori) 115]While affirming the order of a Family Court granting divorce to a couple, the Division Bench of Chief Justice Harish Tandon and Justice...
Woman Made To Believe Man Had Divorced First Wife Entitled To Maintenance Under Section 125 CrPC: Madras High Court
The Madras High Court recently held that a woman, who was not aware of the husband's earlier marriage and was made to believe that the first wife had been divorced, would be entitled to maintenance under Section 125 CrPC (Section 144 BNSS). The court thus ordered maintenance to be paid to a woman, who was argued to be the husband's second wife. [2026 LiveLaw (Mad) 482] "Though the...
Kerala High Court Asks Legislature To Reconsider DNA Test Requirement For Correcting Father's Name In Birth Records Where Paternity Is Undisputed
The Kerala High Court has asked the legislature to re-consider the statutory mandates under the Registration of Births and Deaths Act (1969) and the Rules (1999) requiring DNA test reports, notarized agreements, court order, etc. while applying for correction in father's name in birth records in cases where paternity is undisputed. [2026 LiveLaw (Ker) 544]Justice P.V. Kunhikrishnan...
Marriage Cannot Be Reduced To Sole Object Of Procreation; Childlessness Not Cruelty: Madras High Court
The Madras High Court recently refused to grant divorce to a husband on the ground of alleged cruelty, after noting that the wife had not failed in the matrimonial relationship just because the parties did not have a child. [2026 LiveLaw (Mad) 477] The bench of Justice GR Swaminathan and Justice MD Sumathi held that the inability of parties to have a child cannot be termed as...
'Innovative Thought': Allahabad High Court Appreciates Family Court's Order Of 10% Annual Increase In Wife's Maintenance
HC observed that it was "very surprising" that such an innovative thought had not occurred to the High Court.
Foreign Nationals Can Register Marriage Under Special Marriage Act If Other Conditions Met; Indian Citizenship Not Mandatory: Delhi High Court
The Delhi High Court has held that foreign nationals can register their marriage under the Special Marriage Act, 1954 (SMA) without being subjected to a requirement that one of the spouses must be an Indian citizen, provided they fulfil the other statutory and procedural requirements.A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia observed that the...
Compromise Decree Obtained Without Impleading Necessary Party Is Nullity : Supreme Court
The affected party is entitled to seek recall of the compromise decreee which was obtained behind their back.
Tripura High Court Sets Aside Divorce Decree, Says Mere Separate Residence Or Filing Domestic Violence Case Cannot Amount To Cruelty
The Tripura High Court has set aside a decree of divorce granted by the Family Court, Dharmanagar, holding that the husband failed to establish that his wife had treated him with cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The Court remarked that the Family Court had relied on assumptions and circumstances which could not constitute a valid ground for divorce. Division...
Before Shifting Minor's Custody Over Disrupted Schooling, Court Must Explore If Studies Can Continue Without Changing Custody: Allahabad High Court
The Allahabad High Court has set aside an order handing over custody of a ten-year-old girl to her father, holding that where the only reason for shifting custody was the interruption of the child's schooling, the Court was first required to examine whether her studies could continue while she remained with her mother, particularly when the child had said she wished to live with the...
Every Disagreement Between Wife And In-Laws Not Cruelty: Madras High Court Refuses Divorce To Husband
The Madras High Court has held that every disagreement that a spouse has with parents-in-law cannot be termed as cruelty committed by that spouse against the other spouse. [2026 LiveLaw (Mad) 466] The bench of Justice GR Swaminathan and Justice MD Sumathi thus refused to grant divorce to a husband on allegations of cruelty. “The evidence further shows that the...