High Court
Every Disagreement Between Wife And In-Laws Not Cruelty: Madras High Court Refuses Divorce To Husband
The Madras High Court has held that every disagreement that a spouse has with parents-in-law cannot be termed as cruelty committed by that spouse against the other spouse. [2026 LiveLaw (Mad) 466] The bench of Justice GR Swaminathan and Justice MD Sumathi thus refused to grant divorce to a husband on allegations of cruelty. “The evidence further shows that the...
Family Suit Can Be Transferred To Wife's Place Of Residence Over Hardship Caused Due To Travel, Child-Care Duties: Gujarat High Court
The Gujarat High Court transferred a matrimonial suit from Family Court Morbi to the Court at Kutch after noting that the wife was living in Kutch district and travelling to Morbi to attending proceedings was causing her great hardship. [2026 LiveLaw (Guj) 261]In doing so the court noted that the inconvenience that was being caused to the wife was much higher as she was also taking care of...
Husband Cannot Refuse To Maintain Wife's Child From Previous Marriage After Knowingly Accepting Him: Uttarakhand High Court
The Uttarakhand High Court has held that a man cannot later “disown” the responsibility of maintaining his wife's child from a previous marriage, after having 'knowingly' accepted the child as part of the matrimonial household . “Having consciously accepted the matrimonial relationship with full knowledge of the existing circumstances,” Justice Alok Mahra held, the man “cannot now...
General Allegation That In-Laws Supported Husband Not Enough To Invoke Domestic Violence Act: Karnataka High Court
The Karnataka High Court has quashed domestic violence proceedings against a husband's parents, holding that a general allegation that they supported their son, without any specific allegation or overt act of domestic violence, cannot justify continuation of proceedings against them. The case against the husband, however, will continue. [2026 LiveLaw (Kar) 379]Justice Venkatesh Naik T was...
Presumption Of Hindu Family's Jointness Can Be Refuted If Relationship Amongst Members Becomes Remote: Karnataka High Court
The Karnataka High Court has held that the presumption of jointness of a Hindu family is not an “immutable rule of evidence” and becomes progressively weaker as relationships become remote, particularly when disputes arise between members belonging to the third generation or beyond.Referring to the principles stated by Mulla on Hindu Law, Justice Sachin Shankar Magadum said, “The...
Does Divorce On Ground Of Desertion Bar A Wife From Claiming Maintenance U/S 125 CrPC? Allahabad High Court Answers
The Allahabad High Court has held that a divorced woman can claim maintenance under Section 125 CrPC from her former husband even where the divorce was granted on the ground of her desertion, provided she has not remarried and is unable to maintain herself.A bench of Justice Ram Manohar Narayan Mishra made the observation while allowing a criminal revision filed by a woman whose maintenance...
'Mere Wish Of Wife That Husband Should Live As 'Gharjamai' Is Not Cruelty': Jharkhand High Court Refuses Divorce To Husband
The Jharkhand High Court has held that a wife's mere wish that her husband live as a Gharjamai cannot constitute cruelty for the purpose of seeking divorce under the Hindu Marriage Act.A Division Bench of Justice Sujit Narayan Prasad and Justice Sanjay Prasad was hearing an appeal filed by the husband challenging the dismissal of his divorce petition under Section 13(1)(ia) of the Hindu...
Arya Samaj Marriage Certificate Alone Can't Prove Valid Hindu Marriage; Essential Ceremonies Must Be Performed: Allahabad High Court
The Allahabad High Court has observed that merely producing a marriage certificate issued by an Arya Samaj Mandir cannot establish that a valid marriage was solemnized under the Hindu Marriage Act. The Court said that the essential ceremonies prescribed for a Hindu marriage must be performed. A bench of Justice Rajeev Singh observed thus while quashing the removal of an officer of the...
Child Custody | Father's Role Goes Beyond Financial Support, Can't Be Overlooked Due To Judicial Sympathy Towards Mother: Telangana High Court
The Telangana High Court has observed that a father cannot be deprived of a child's custody as a matter of course unless he is shown to be an unsuitable or undeserving parent. [2026 LiveLaw (Tel) 155]In doing so the court directed the return of a four-year-old girl to the United States, where her parents' custody dispute was already before a court.A Division Bench of Justice Moushumi...
Financial Difficulty Alone No Ground To Transfer Matrimonial Case; Husband Can Bear Wife's Travel Expenses: Rajasthan High Court
Rajasthan High Court dismissed a petition by a wife, seeking transfer of divorce proceedings from Alwar to Jaipur opining that that merely because petitioner had claimed to be not financially well-off, it could not be accepted that she was unable or incapable of travelling, especially when the respondent-husband was ready to pay off her expenses for such travel. The bench of Justice...