Family Law/Matrimonial Cases
'Wife Can't Be Treated As Chattel': Orissa High Court Imposes ₹50K Costs On Husband For Filing Habeas Corpus Plea In Matrimonial Dispute
The Orissa High Court has recently dismissed a writ petition in the nature habeas corpus filed by a husband and imposed an exemplary cost of rupees fifty thousand on him for litigating to secure custody of his wife, who had left matrimonial home out of her own volition due to marital disharmony.Terming the case to be a “classical example” of husband pressurizing wife of conjugal union...
Delay In Deciding Custody Matters Causes Prejudice To Child: Delhi High Court
The Delhi High Court has observed that delay in deciding child custody disputes itself causes prejudice to the child, while cautioning against a recurring pattern of approaching courts to stall handover of child to the spouse.A Division Bench of Justices Tejas Karia and Madhu Jain made the observation while dismissing a mother's appeal against a Family Court order granting the father...
Can Remarriage During Pendency Of A Delay-Condoned Divorce Appeal Be Treated As Void? Kerala High Court Explains
The Kerala High Court has recently considered a question as to whether the remarriage of a party during the pendency of divorce appeal under the Hindu Marriage Act, in which delay was condoned, would be void. [2026 LiveLaw (Ker) 343]The Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. was considering an appeal filed by a husband/appellant challenging a decree...
Family Courts Are Duty Bound To Accept 'Mubarat' Divorce Of Muslim Couple: Gujarat High Court
The Gujarat High Court has reiterated that when marriage between a Muslim couple, governed by the Shariat Law, is dissolved by Mubara'at Agreement, then Family Courts are duty bound to accept the agreement of the parties and to declare the dissolution of the marriage as agreed between parties. [2026 LiveLaw (Guj) 171]A division bench of Justice Ilesh J Vora and Justice RT Vachhani in its...
"Why Are You Opposing Adoption By Family Members?" Supreme Court Questions CARA Over Objection To US-Based Aunt Adopting Child
The Supreme Court on Monday questioned the Central Adoption Resource Authority (CARA) for opposing the adoption of a minor girl by her maternal aunt residing in the United States, orally remarking that the authority has adopted a negative attitude towards such adoptions.A bench of Justice BV Nagarathna and Justice Joymalya was hearing a writ petition filed by a 13-year-old girl and her...
'Child Needs More Time To Acclimatise': Delhi High Court Sets Aside Family Court Order Granting Father Overnight Custody Of Minor
The Delhi High Court has set aside a Family Court order granting a father overnight custody of his minor son, observing that the child needs more time to acclimatise before staying overnight with his father.A Division Bench of Justices Tejas Karia and Madhu Jain modified the Family Court's interim custody arrangement after finding that its operative direction granting overnight custody...
Andhra Pradesh High Court Rejects Husband's Transfer Plea, Says Family Court's Insistence On Personal Appearance Doesn't Show Bias
The Andhra Pradesh High Court has dismissed a husband's petition seeking transfer of a matrimonial case from Family Court at Tirupati, holding that the Family Court's insistence on his personal appearance in the proceedings could not, by itself, give rise to an apprehension of bias or justify transfer of the case.[2026 LiveLaw (AP) 103]Justice V. Gopala Krishna Rao was hearing a transfer...
Citing Immigration Concerns, Delhi High Court Asks Father To Exercise Visitation Right In US, Not Bring Child To India
The Delhi High Court has modified a Family Court order permitting a minor child residing in the United States to be brought to India for summer visitation, holding that the child's welfare would be better served if the father exercised his visitation rights in the US itself in view of uncertainties surrounding the child's immigration status.The division bench of Justices Tejas Karia and...
AP High Court Upholds Daughters' Share In Ancestral Property, Rejects Brother's Challenge To Their Legitimacy
The Andhra Pradesh High Court has upheld the right of six daughters born from a second marriage to claim equal shares in ancestral family property, while dismissing a second appeal filed by their half-brother who had disputed both their legitimacy and entitlement to partition. [2026 LiveLaw (AP) 101]Justice V. Gopala Krishna Rao was hearing a second appeal against a judgment that had reversed...
Unfounded Allegations Of Mental Illness Against Wife Amount To Cruelty, Violate Dignity & Privacy: Madras High Court
While refusing to grant divorce to a husband who claimed to have suffered mental cruelty due to his wife's alleged undisclosed Schizophrenia condition, the Madras High Court held that making such unfounded allegations regarding the mental health of the wife not just amounts to cruelty but is an intrusion into the wife's privacy and personal autonomy. [2026 LiveLaw (Mad)...
Rajasthan High Court Rejects Husband's Plea Seeking Wife's Narco, Polygraph & DNA Tests To Rebut Impotency Allegations
The Rajasthan High Court has upheld the rejection of a husband's application seeking joint medical examination of himself and his wife, to refute the allegations of physical incapacity and impotency levelled by the wife in her divorce petition. [2026 LiveLaw (Raj) 248]The bench of Justice Sanjeet Purohit observed that firstly, the application was filed at a belated stage of the proceedings,...