Educated Wife Not Earning Sufficient Income Entitled To Maintenance; Parents' Property Or Pension Does Not Count: Allahabad High Court

The Allahabad High Court has observed that the mere fact that a wife is educated cannot disentitle her from claiming maintenance under Section 125 CrPC when there is no evidence that she is actually earning sufficient income. A bench of Justice Garima Prashad further observed that the pension or properties of the wife's parents cannot be treated as the independent income of the wife...

'Conditions Shouldn't Be Illusory': Kerala High Court Sets Aside ₹75 Lakh Security Imposed On Mother Taking Child Abroad For Education

The Kerala High Court recently set aside two conditions imposed by the Family Court on a mother, who wanted to take her minor child to United Kingdom for better education and proper care for him. [2026 LiveLaw (Ker) 351]The Family Court had ordered the mother to furnish security of Rs. 75 lakhs for taking the child to UK. The Division Bench of Justice J. Nisha Banu and Justice Shoba Annamma...

Financially Independent Wife Earning More Than Husband Can't Claim Maintenance Merely Because She Is A Woman: Karnataka High Court

The Karnataka High Court, while setting aside a trial court's direction to a husband to pay Rs 20,000 interim maintenance to his wife, has held that a wife who earns considerably more than her husband cannot claim maintenance from him, especially when she has no other obligations or liabilities to discharge. [2026 LiveLaw (Kar) 222]The single judge bench of Justice Dr. Chillakur Sumalatha...

Parents Supporting Wife During Distress Doesn't Absolve Husband Of Duty To Pay Maintenance: Allahabad High Court

The Allahabad High Court has observed that a wife cannot be denied maintenance from her husband under Section 125 CrPC merely because her parents support her financially during times of distress. A bench of Justice Garima Prashad added that the income of the wife's parents cannot be treated as the income of the wife, and parental assistance is not a substitute for the legal obligation...

Welfare Scheme House Allotment To Wife Doesn't Disentitle Her From Claiming Maintenance U/S 125 CrPC: Allahabad High Court

The Allahabad High Court has recently observed that allotment of a residential house to a woman under a welfare scheme cannot be treated as a source of livelihood, disentitling her from claiming maintenance from her husband under Section 125 CrPC. A bench of Justice Garima Prashad also added that a husband cannot avoid his statutory obligation to maintain his wife merely by asserting that...

'Wife Can't Be Treated As Chattel': Orissa High Court Imposes ₹50K Costs On Husband For Filing Habeas Corpus Plea In Matrimonial Dispute

The Orissa High Court has recently dismissed a writ petition in the nature habeas corpus filed by a husband and imposed an exemplary cost of rupees fifty thousand on him for litigating to secure custody of his wife, who had left matrimonial home out of her own volition due to marital disharmony.Terming the case to be a “classical example” of husband pressurizing wife of conjugal union...

Can Remarriage During Pendency Of A Delay-Condoned Divorce Appeal Be Treated As Void? Kerala High Court Explains

The Kerala High Court has recently considered a question as to whether the remarriage of a party during the pendency of divorce appeal under the Hindu Marriage Act, in which delay was condoned, would be void. [2026 LiveLaw (Ker) 343]The Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. was considering an appeal filed by a husband/appellant challenging a decree...

Family Courts Are Duty Bound To Accept 'Mubarat' Divorce Of Muslim Couple: Gujarat High Court

The Gujarat High Court has reiterated that when marriage between a Muslim couple, governed by the Shariat Law, is dissolved by Mubara'at Agreement, then Family Courts are duty bound to accept the agreement of the parties and to declare the dissolution of the marriage as agreed between parties. [2026 LiveLaw (Guj) 171]A division bench of Justice Ilesh J Vora and Justice RT Vachhani in its...

Andhra Pradesh High Court Rejects Husband's Transfer Plea, Says Family Court's Insistence On Personal Appearance Doesn't Show Bias

The Andhra Pradesh High Court has dismissed a husband's petition seeking transfer of a matrimonial case from Family Court at Tirupati, holding that the Family Court's insistence on his personal appearance in the proceedings could not, by itself, give rise to an apprehension of bias or justify transfer of the case.[2026 LiveLaw (AP) 103]Justice V. Gopala Krishna Rao was hearing a transfer...

AP High Court Upholds Daughters' Share In Ancestral Property, Rejects Brother's Challenge To Their Legitimacy

The Andhra Pradesh High Court has upheld the right of six daughters born from a second marriage to claim equal shares in ancestral family property, while dismissing a second appeal filed by their half-brother who had disputed both their legitimacy and entitlement to partition. [2026 LiveLaw (AP) 101]Justice V. Gopala Krishna Rao was hearing a second appeal against a judgment that had reversed...

Rajasthan High Court Rejects Husband's Plea Seeking Wife's Narco, Polygraph & DNA Tests To Rebut Impotency Allegations

The Rajasthan High Court has upheld the rejection of a husband's application seeking joint medical examination of himself and his wife, to refute the allegations of physical incapacity and impotency levelled by the wife in her divorce petition. [2026 LiveLaw (Raj) 248]The bench of Justice Sanjeet Purohit observed that firstly, the application was filed at a belated stage of the proceedings,...

Does Daughter Have Coparcenary Rights In Grandfather's Self-Acquired Property Allotted To Father In Partition? Karnataka High Court Answers

The Karnataka High Court on Tuesday (June 16) ruled that properties inherited by daughter's father from her grandfather–which he had acquired on his own, become individual/ separate properties of her father. [2026 LiveLaw (Kar) 210]Such properties would not assume the character of ancestral property at the hands of the father merely because they were received through a family partition,...