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...

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...

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...