High Court
Mere Existence Of Mental Disorder Is Insufficient To Dissolve Marriage: Jharkhand High Court
The Jharkhand High Court has held that the mere existence of a mental disorder, irrespective of its degree, is insufficient to justify dissolution of marriage under Section 13(1)(iii) of the Hindu Marriage Act, 1955. The Court observed that the disorder must be of such a nature and extent that the petitioner cannot reasonably be expected to live with the spouse.A Division Bench of Justice...
Expeditious Disposal Of Divorce Case Can't Mean Denial Of Fair Hearing: Uttarakhand High Court Sets Aside Ex Parte Order Against Wife
The Uttarakhand High Court has held that “the direction for expeditious disposal of matrimonial proceedings cannot be construed to mean that a reasonable opportunity of hearing should be denied to either party”. Holding the above, the High Court set aside the Family Court, Haridwar's order where the appellant-wife's right to file defence was closed and the matrimonial proceedings...
Karnataka High Court Questions Wife's 498A FIR Over Allegation She Was Denied Nutritious Food, Suffered Hair Loss
Observing that not every family grievance can be elevated to the offence of cruelty under Section 498A of the Indian Penal Code, the Karnataka High Court on Tuesday [July 27] questioned whether allegations against husband and in-laws to the effect that they deprived the complainant-wife of nutritious food causing her hair fall, would constitute cruelty under Section 498 A IPC.The single...
Permanent Alimony Must Secure Wife's Future; No Arithmetic Formula Can Determine Quantum: Jharkhand High Court
The Jharkhand High Court has held that no arithmetic formula can be applied while determining permanent alimony under Section 25 of the Hindu Marriage Act, 1955. The Court observed that while fixing permanent alimony, courts must consider the parties' status, the husband's financial capacity, the wife's future needs, inflation and the standard of living she enjoyed during the marriage.A...
Unfounded Allegations On Wife's Chastity, Denial Of Child's Paternity Amount To Matrimonial Cruelty: Jharkhand High Court
The Jharkhand High Court has held that unfounded allegations questioning a wife's chastity and denying paternity of her child amount to a grave assault on her character, honour and reputation and constitute matrimonial cruelty.A Division Bench of Justice Sujit Narayan Prasad and Justice Sanjay Prasad dismissed a husband's appeal against the Family Court's refusal to dissolve the marriage on...
Foisting False Criminal Cases Against Husband Which End In Acquittal Constitutes Mental Cruelty: Andhra Pradesh High Court
The Andhra Pradesh High Court held that the filing of false criminal cases by a spouse, which ultimately end in acquittal, constitutes mental cruelty and is a valid ground for dissolution of marriage. [2026 LiveLaw (AP) 158]The Court upheld the decree of divorce granted in favour of the husband, observing that while merely filing a criminal complaint does not amount to cruelty, compelling...
Wife's Offer To Resume Cohabitation Can't Defeat Husband's Divorce Plea After Failed Reconciliation Attempts: Kerala High Court
The Kerala High Court in a recent decision observed that a husband cannot be denied divorce merely because his wife stated that she is ready and willing to resume cohabitation, when the many attempts at their reconciliation failed. [2026 LiveLaw (Ker) 406]The Division Bench of Justice J. Nisha Banu and Justice Sobha Annamma Eapen dismissed a wife's appeal challenging the decree of dissolution...
Husband's Failure To Pay Maintenance Is Economic Abuse Constituting Domestic Violence: Kerala High Court
The Kerala High Court has held that a husband's failure to pay maintenance to his wife and child constitutes economic abuse amounting to domestic violence under the Protection of Women from Domestic Violence Act, 2005.Justice Jobin Sebastian made the observation while dismissing a criminal revision petition filed by a husband challenging concurrent orders directing him to pay maintenance to...
Married Life Must Be Reviewed As A Whole; Few Isolated Incidents Over The Years Don't Constitute Mental Cruelty: Kerala High Court
The Kerala High Court, in a recent decision, observed that married life must be reviewed as a whole and that a few instances would not amount to cruelty. [2026 LiveLaw (Ker) 397]The Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. made the observation while dismissing a matrimonial appeal preferred by a husband challenging the dismissal of his divorce...
S.125 CrPC | Woman Induced Into Marriage By Concealment Of Husband's Existing Marriage Entitled To Maintenance: Allahabad High Court
The Allahabad High Court recently held that a woman who is induced into marriage by concealment of the husband's existing marriage is entitled to maintenance under Section 125 CrPC even though the marriage between the parties is void.A bench of Justice Garima Prashad noted that a husband cannot be permitted to take advantage of his own wrong and deny maintenance to the woman who had entered...
Wife Needn't File Successive Pleas For Maintenance Recovery: Allahabad High Court Warns Judicial Officers Of Contempt If SC Guidelines Ignored
Clarifying that a wife cannot be compelled to file successive execution applications to recover monthly maintenance, the Allahabad High Court has directed all the Family Court Judges in UP to ensure strict compliance with the Supreme Court judgments on enforcement of maintenance orders, as failure to do so may invite disciplinary as well as contempt proceedings. A bench...
Marriage Became 'Deadwood' After 19-Year Separation; Irretrievable Breakdown Amounts To Cruelty: Calcutta High Court Grants Divorce
The Calcutta High Court has held that an irretrievable breakdown of marriage can constitute "cruelty" under Section 13(1)(ia) of the Hindu Marriage Act, 1955, and can therefore furnish a valid ground for dissolution of marriage, relying on the Supreme Court's decision in Rakesh Raman v. Kavita.A Division Bench of Justice Sabyasachi Bhattacharyya and Justice Supratim Bhattacharya granted a...








