Family Law/Matrimonial Cases
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,...
Does Daughter Have Coparcenary Rights In Grandfather's Self-Acquired Property Allotted To Father In Partition? Karnataka High Court Answers
The Karnataka High Court on Tuesday (June 16) ruled that properties inherited by daughter's father from her grandfather–which he had acquired on his own, become individual/ separate properties of her father. [2026 LiveLaw (Kar) 210]Such properties would not assume the character of ancestral property at the hands of the father merely because they were received through a family partition,...
Can A Divorced Wife Claim Maintenance Or Seek Its Enhancement From Ex-Husband's Estate After His Death? Bombay High Court Answers
In a significant ruling, the Bombay High Court held that a divorced woman though can continue to seek maintenance based on a decree, from the husband's estate or properties even after his death, however, she cannot seek enhancement of the same maintenance from the said estate after his death. [Citation: 2026 LiveLaw (Bom) 284]A division bench of Justice Bharati Dangre and Justice...