High Court
Can't Conduct Detailed Inquiry Into Child's Welfare In Habeas Corpus Jurisdiction, Remedy Lies Under Guardians & Wards Act: AP High Court
The Andhra Pradesh High Court has held that a habeas corpus writ is ordinarily not maintainable in child custody disputes where a detailed inquiry into the welfare of the minor is required, particularly when proceedings under the Guardians and Wards Act, 1890 are already pending. [2026 LiveLaw (AP) 129]The Division Bench of Justice Ravi Nath Tilhari and Justice Subhendu Samanta dismissed a...
Working Mother Who Got Child Custody Claiming Financial Capability Can't Fasten Entire Maintenance Burden On Father: Allahabad High Court
The Allahabad High Court has observed that a working mother who obtains the custody of her minor child by explicitly asserting her financial capability to maintain him/her cannot fasten the entire financial burden of the minor exclusively upon the father [2026 LiveLaw (AB) 418]. A bench of Justice Lakshmi Kant Shukla thus dismissed a criminal revision plea filed by a woman and her...
'Mere Failure To Produce Bills Or Receipts Does Not Disprove That In-Laws Were Given Stridhan During Marriage': Chhattisgarh High Court
The Chhattisgarh High Court has held that the mere failure of a wife to produce bills or receipts of her Stridhan articles does not lead to the conclusion that such articles were not given at the time of marriage. The Court observed that where the wife specifically states that the receipts are in the possession of her in-laws and there is evidence regarding the entrustment of the...
Magistrate Can Invoke BNSS Search Provision To Recover Child Forcibly Taken Away By Father: Bombay High Court
The Bombay High Court has held that a Magistrate can invoke the search provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS) to recover a child allegedly taken away by his father from the mother's custody by force.Upholding orders passed by a Magistrate in Malegaon directing the police to search the father's residence and subsequently restore the custody of the three-year-old child...
Wife Entitled To Interim Maintenance Under Hindu Marriage Act During Pendency Of Appeal Against Divorce Decree: Delhi High Court
The Delhi High Court has held that a wife is entitled to continue receiving interim maintenance during the pendency of appeal against divorce decree under Hindu Marriage Act 1955, observing that an appeal is merely a continuation of the original matrimonial proceedings. [2026 LiveLaw (Del) 654]A Division Bench of Justices Vivek Chaudhary and Renu Bhatnagar directed an Army officer to...
Family Court's Custody Order Based On Child Interaction That Never Took Place 'Unsustainable': Telangana High Court
The Telangana High Court has set aside an interim custody order passed by a Family Court after finding that it was based on observations purportedly made during a personal interaction with the minor child, even though no such interaction had actually taken place. [2026 LiveLaw (Tel) 105]Holding that findings regarding a child's wishes, preference and demeanour cannot be founded on an event...
Courts Cannot Presume Bride Entrusts Gold To Husband Or In-Laws Based On Social Customs Alone: Kerala High Court
The Kerala High Court has held that courts adjudicating matrimonial disputes cannot presume that a bride entrusted her gold ornaments or money to her husband or in-laws merely on the basis of prevailing social customs or general practices. [2026 LiveLaw (Ker) 370]Observing that assumptions drawn from past precedents may no longer reflect contemporary realities, the Division Bench of Justice...