Custody Plea Under Guardians & Wards Act Must Be Heard By Court Where Child Resides: Gujarat High Court

The Gujarat High Court has held that proceedings seeking custody of a child under Guardians and Wards Act must be heard by the family court in whose jurisdiction the child resides. [2026 LiveLaw (Guj) 291]The court was hearing an estranged wife's plea to transfer the husband's matrimonial suit from Family Court, Himmatnagar to Family Court, Rajkot where she is residing with her parents.She...

AP High Court Sets Aside Order Allowing Wife To Reopen Ex-Parte Divorce After Husband Remarried; Cites 680-Day Delay

The Andhra Pradesh High Court has quashed an order setting aside ex-parte divorce decree which was challenged by the wife after 680-day delay, noting that the trial court failed to assign reasons for condoning delay and did not consider the consequences of the husband's subsequent remarriage. [2026 LiveLaw (AP) 257]In this context, Section 15 of the Hindu Marriage Act, 1955, deals with the...

Husband's Plea For Restitution Of Conjugal Rights Under Muslim Law No Ground To Quash Wife's Cruelty FIR: MP High Court

The Madhya Pradesh High Court has held that a husband's plea seeking restitution of conjugal rights under Muslim law cannot by itself be a ground to quash his wife's FIR alleging cruelty and dowry harassment. [2026 LiveLaw (MP) 422]Dismissing a husband's petition seeking quashing of an FIR for cruelty (Section 498A of the IPC) and Sections 3 and 4 of the Dowry Prohibition Act, the bench...

Wife's Prolonged Refusal To Have Physical Relations Without Valid Reason Constitutes Mental Cruelty: Rajasthan High Court

The Rajasthan High Court has held that a wife's prolonged refusal to have sexual relations without physical incapacity or a valid reason amounts to mental cruelty and constitutes a valid ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.A division bench of Justice Munnuri Laxman and Justice Yogendra Kumar Purohit upheld the divorce decree granted to the husband,...

Prior Agreement On Dowry Amount Not Necessary For Prosecution; Subsequent Dowry Demand Also Punishable: MP High Court

The Madhya Pradesh High Court has observed that a dowry demand made after marriage can still attract Section 4 of the Dowry Prohibition Act, even in the absence of a pre-marital dowry agreement. [2026 LiveLaw (MP) 419]Setting aside the appellate court's order acquitting a husband and his father, the bench of Justice Alok Awasthi held,"It is a culture or tradition that a prior dowry contract...

Maternal Grandmother Can Seek Maintenance For Minor Without Being Appointed Legal Guardian: MP High Court

The Madhya Pradesh High Court has held that a maternal grandmother can seek maintenance for her grandchild under Section 125 CrPC, without being appointed as the minor's legal guardian. [2026 LiveLaw (MP) 420]Emphasising that Section 125 CrPC must be interpreted to advance social justice, the bench of Justice Dwarka Dhish Bansal observed:"The provision under Section 125 of the CrPC is to...

Madras High Court Seeks Data On Matrimonial Disputes Involving COVID-Era Marriages, To Explore New Ways For Amicable Resolution

After taking note of a large number of matrimonial disputes involving parties who got married during the Covid-19 period, the Madras High Court has called for statewide data in an attempt to resolve the disputes amicably. Justice Anand Venkatesh noted that once such data is placed before the court, it could seek assistance from experienced lawyers and come up with a different kind...

Decide Maintenance Execution Cases Within 6 Months; Failure May Invite Contempt: Allahabad High Court Directs UP Trial Courts

The Allahabad High Court has directed all trial courts in Uttar Pradesh to ensure that they decide execution applications in maintenance cases within 6 months. The Court warned that non-compliance to this direction may amount to contempt of the Supreme Court as well as the High Court.A bench of Justice Praveen Kumar Giri issued the direction while dismissing a criminal revision filed by a...

Child Kept Away From Mother Can't Form 'Intelligent Preference': Allahabad High Court Directs Grandmother To Handover Custody

The Allahabad High Court has held that a child of tender age who has been kept away from his mother cannot give an intelligent preference on custody, and his wish to stay with the relatives who raised him cannot outweigh the claim of the mother as his natural guardian. It held that merely because the grandmother had looked after the child, she could not be said to have a better claim to...

S. 125 CrPC | Allahabad High Court Seeks Chief Justice's Consideration Of Rules For Notice To Alleged Co-Adulterer In Maintenance Cases

Observing that a specifically named alleged co-adulterer must be given an opportunity to be heard before the court records an adverse finding against him in maintenance proceedings under Section 125 CrPC, the Allahabad High Court on Tuesday urged the Chief Justice to consider framing rules governing notice to such a person.A bench of Justice Lakshmi Kant Shukla said that a judicial...

Wife's Remarriage Material Factor In Determining Permanent Alimony But Not Automatic Bar To Her Entitlement: Karnataka High Court

The Karnataka High Court has recently reduced the permanent alimony awarded to a divorced wife from Rs 25,00,000 to Rs 10,00,000, after she remarried during the pendency of the husband's appeal. The court observed that alimony cannot be converted into a 'windfall' or a continuing entitlement not affected by subsequent changes in marital and financial circumstances. [2026 LiveLaw (Kar)...

Madras High Court Imposes ₹50K Costs On Man Who Sought Child's DNA Test To Humiliate Wife, Protract Her Maintenance Case

The Madras High Court recently refused a man's plea for a DNA test, noting that he had filed the same 10 years after the wife filed a Domestic Violence case, without providing any reasonable or acceptable explanation for the delay. Justice Shamim Ahmed remarked that the husband had sought a DNA test only to humiliate and defame his wife in the society, and to protract the maintenance...