Kerala High Court Suggests Parliament To Amend Divorce Act To Enable Christian Women File Cases At Place Of Residence

The Kerala High Court in a recent decision noted that there is no provision in the Divorce Act, 1869 that enables a wife to prefer petitions in the court having jurisdiction in her place of residence. [2026 LiveLaw (Ker) 358]Justice Bechu Kurian Thomas observed that such a provision exists in the Hindu Marriage Act, 1955 as well as the Special Marriage Act, 1954 and there is no justifiable...

Questioning Paternity Of Child, Asking Wife To Undergo DNA Test Is Mental Cruelty: Madras High Court Upholds Divorce

While affirming an order of dissolution of marriage, the Madras High Court recently held that a husband questioning the paternity of child born in marriage and asking the wife to undergo a DNA examination would be mental cruelty on the wife. [2026 LiveLaw (Mad) 291] “We hold that the respondent had committed continuous act of cruelty, particularly in challenging the paternity of...

Woman Can't Invoke S.498A IPC Against Family Of Second Husband If First Marriage Subsists: Bombay High Court

A First Information Report (FIR) under Section 498A of the Indian Penal Code (IPC) against the family members of a woman's second husband cannot be sustained in law, if her first marriage subsists, held the Bombay High Court recently while quashing a criminal case lodged against the family members and a friend of a man. [2026 LiveLaw (Bom) 303]Single-judge Justice Ranjitsinha Bhonsale held...

Mother Can't Consent To Son's DNA Test Once He Attains Majority During Pendency Of Matrimonial Case: Jharkhand High Court

The Jharkhand High Court has held that where a child attains majority during the pendency of matrimonial proceedings, the mother ceases to have the authority to consent to a DNA test on the child's behalf. The Court observed that an adult child, who is not a party to the proceedings, cannot be compelled to undergo a DNA test and no adverse inference can be drawn against the mother if the...

Husband Chatting With Sister-In-Law, Engraving Her Son's Name On His Hand Is Not 'Cruelty' Without Requisite Intent: Bombay High Court

The act of a husband chatting or speaking to his sister-in-law (bhabhi) and engraving her son's name on his own hand cannot be brought under the ambit of section 498A IPC which penalises cruelty towards a spouse, held the Bombay High Court. [2026 LiveLaw (Bom) 301]It quashed a First Information Report (FIR) lodged against a man's sister-in-law, with whom, his wife alleged he had...

Hindu Marriage Without Performance Of Essential Ceremonies Like Saptapadi Is Void Despite Registration Certificate: Gujarat High Court

The Gujarat High Court has held that under Hindu Marriage Act, a marriage is only considered valid if the essential rites and ceremonies including Saptapadi (seven steps) are performed by the couple, adding that registration of the marriage does not by itself make a marriage valid if the essential ceremonies have not been performed. [2026 LiveLaw (Guj) 180]The court was hearing a man's...

Woman Demanding 'Alimony' From Second Husband Despite Subsistence Of First Marriage Can Be Booked For 'Extortion': Bombay High Court

The Bombay High Court has refused to quash an extortion FIR lodged against a Pune-based woman who entered into a second marriage while her first marriage was subsisting, and demanded alimony from the second husband by misusing the law.Single-judge Justice Ranjitsinha Bhonsale in an order pronounced on June 10, noted that the Petitioner performed her second marriage in September 2015 when...

Educated Wife Not Earning Sufficient Income Entitled To Maintenance; Parents' Property Or Pension Does Not Count: Allahabad High Court

The Allahabad High Court has observed that the mere fact that a wife is educated cannot disentitle her from claiming maintenance under Section 125 CrPC when there is no evidence that she is actually earning sufficient income. A bench of Justice Garima Prashad further observed that the pension or properties of the wife's parents cannot be treated as the independent income of the wife...

'Conditions Shouldn't Be Illusory': Kerala High Court Sets Aside ₹75 Lakh Security Imposed On Mother Taking Child Abroad For Education

The Kerala High Court recently set aside two conditions imposed by the Family Court on a mother, who wanted to take her minor child to United Kingdom for better education and proper care for him. [2026 LiveLaw (Ker) 351]The Family Court had ordered the mother to furnish security of Rs. 75 lakhs for taking the child to UK. The Division Bench of Justice J. Nisha Banu and Justice Shoba Annamma...

Financially Independent Wife Earning More Than Husband Can't Claim Maintenance Merely Because She Is A Woman: Karnataka High Court

The Karnataka High Court, while setting aside a trial court's direction to a husband to pay Rs 20,000 interim maintenance to his wife, has held that a wife who earns considerably more than her husband cannot claim maintenance from him, especially when she has no other obligations or liabilities to discharge. [2026 LiveLaw (Kar) 222]The single judge bench of Justice Dr. Chillakur Sumalatha...

Parents Supporting Wife During Distress Doesn't Absolve Husband Of Duty To Pay Maintenance: Allahabad High Court

The Allahabad High Court has observed that a wife cannot be denied maintenance from her husband under Section 125 CrPC merely because her parents support her financially during times of distress. A bench of Justice Garima Prashad added that the income of the wife's parents cannot be treated as the income of the wife, and parental assistance is not a substitute for the legal obligation...

Welfare Scheme House Allotment To Wife Doesn't Disentitle Her From Claiming Maintenance U/S 125 CrPC: Allahabad High Court

The Allahabad High Court has recently observed that allotment of a residential house to a woman under a welfare scheme cannot be treated as a source of livelihood, disentitling her from claiming maintenance from her husband under Section 125 CrPC. A bench of Justice Garima Prashad also added that a husband cannot avoid his statutory obligation to maintain his wife merely by asserting that...