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...

Muslim Man's Second Marriage Under Special Marriage Act Void If First Marriage Subsists: Karnataka High Court

The Karnataka High Court has recently held that a marriage solemnised under the Special Marriage Act, 1954, during the subsistence of an earlier marriage, is void ab initio, even if the parties are governed by a personal law that permits polygamy. [2026 LiveLaw (Kar) 266]The single judge bench of Justice Sachin Shankar Magadum held that such a marriage does not confer the status of a...

Can Wife Be Denied Half Share In Jointly Purchased Property Because Husband Paid Entire Consideration? Kerala High Court Answers

The Kerala High Court has held that the property, purchased under the joint names of both spouses cannot be claimed by the husband alone by claiming that he paid the entire amount, unless theres is evidence to show that the property was held on trust or that the property was fraudulently purchased in the name of one spouse. [2026 LiveLaw (Ker) 391]The Division Bench of Dr. Justice...

Wife Earning Substantially More Than Husband, Can't Seek Maintenance Claiming Cost Of Living Abroad Is Exorbitant: Bombay High Court

A woman who earns 'substantially' more than her husband and lives in a foreign country cannot seek maintenance from him only on the ground that the cost of living abroad is 'exorbitant', held the Bombay High Court recently while rejecting a US-based woman's plea seeking monthly maintenance of Rs 1 lakh from her husband. A division bench of Justice Bharati Dangre and Justice Manjusha...

Woman 'Concealing' Subsisting Marriage Not Entitled To Maintenance From Second Husband: Bombay High Court

A woman, who conceals her first marriage and performs a second marriage despite the subsistence of the first marriage, cannot seek maintenance from her second husband under Section 125 CrPC, held the Bombay High Court recently. Single-judge Justice Milind Sathaye in an order passed on July 16, dismissed the appeal filed by a woman, who had challenged a lower court's order which had directed...