High Court
Father Lacking Moral Support From Son Who Acquires His Property Can't Claim Maintenance U/S 125 CrPC Unless Destitute: Madras High Court
The Madras High Court recently held that a son failing to support his father after obtaining his self-acquired property by itself was not a ground to claim maintenance under Section 125 of CrPC when the father is not living in vagrancy or destitution. [2026 LiveLaw (Mad) 449] “This is certainly a hard case when the son is accused of obtaining the self-acquired property of a father by...
'Low Moral Fibre': Madras High Court Denies Mother Custody Of Minor Children
The Madras High Court recently denied custody of two minor children to their mother after noting that the woman had a low moral fibre and her company will be detrimental to the well being of the children. [2026 LiveLaw (Mad) 450]“All these allegations point to a person who has a low moral fibre and whose company would be detrimental to the welfare and well being of two minor children who are...
Rajasthan High Court Sets Aside Divorce Decree After Estranged Couple Reconciles, Restores Marriage
While quoting Mahabharata, Rajasthan High Court reversed a divorce decree in light of the post-facto reconciliation reached between the couple for the welfare of their minor daughter, and opined that while administering justice, the Court could not lose sight of the fact that matrimonial litigation was not merely competing legal claims but involved human relations. The division bench of...
'Permanent Alimony Not Intended To Equalise Wealth': Karnataka High Court Slashes Wife's ₹2 Crore Alimony To ₹50 Lakh
The Karnataka High Court has recently upheld the dissolution of marriage between a couple on grounds of cruelty, while substantially reducing the permanent alimony awarded to the wife from Rs. 2 crores to Rs. 50 lakhs. [2026 LiveLaw (Kar 348]The court held further that permanent alimony is not intended to equalise the assets or wealth of the parties but to ensure reasonable maintenance....
Daughter-In-Law Not Liable When Senior Citizen's Own Children Alive: Kerala High Court
The Kerala High Court recently held that a daughter-in-law is not liable under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 when the senior citizen's children are alive. [2026 LiveLaw (Ker) 499]Justice Harisankar V. Menon observed that a daughter-in-law would not fall within the definition of 'child' nor 'relative' under the Act when the senior citizen has other...
Jharkhand High Court Grants Interim Custody Of 4-Year-Old To Mother, Notes “Pain And Sacrifice” Associated With IVF Process
The Jharkhand High Court has held that the welfare and best interests of a minor child must be the paramount consideration in custody matters and, while granting interim custody of a four-year-old girl to her mother, took note of the fact that the child was born through IVF and the mother had endured the “pain and sacrifice associated therewith.”A Division Bench of Justice Sujit...
Wife's Frequent Visits To Maternal Home, Pressure To Live Separately Despite Husband Being Only Son Amounted To Cruelty: Madras High Court
The Madras High Court recently held that a wife, forcing an only son to leave the joint family to set up a separate residence and going to her maternal house frequently without reason, would constitute cruelty on the husband. [2026 LiveLaw (Mad) 438] The bench of Justice PT Asha and Justice N Mala thus refused to interfere with an order of a Family Court, granting divorce to the husband...
Bombay High Court Criticises Family Court's 'Regressive' Remarks On 'Pious Duties' Of Wife
The Bombay High Court recently expressed displeasure with a Pune Family Court for sermonising and setting out the so-called 'pious' duties of a wife towards her husband and handing over a minor boy's custody to his father. The High Court held that Judges must be 'mindful' while making observations and avoid making any 'unwarranted' or 'unconnected' remarks. For context, Family Court Judge...
Denial Of Cohabitation, False Criminal Case By Wife Amount To Cruelty: Rajasthan High Court Dissolves 22-Year-Old Marriage
The Rajasthan High Court has held that denial of cohabitation by the wife as well as filing of a false criminal case against the husband, amount to cruelty. The division bench of Justice Inderjeet Singh and Justice Sandeep Taneja was hearing an appeal against Family Court's rejection of a divorce application filed by the appellant-husband.It was the case of the husband that the marriage...
Long Cohabitation As Husband & Wife Raises Strong Presumption Of Valid Marriage, Heavy Burden On Party Challenging It: MP High Court
The Madhya Pradesh High Court has held that where a man and woman have lived together for a long period as husband and wife, the legal presumption would favour the legitimacy of their marriage rather than its illegitimacy. [2026 LiveLaw (MP) 353]The bench of Justice Pranay Verma stated:"There is no one in the village except defendant no.2, who does not treat defendant nos.1 and 3 as husband...
Divorce Decree Doesn't Bar Subsequent Claim For Permanent Alimony Under Section 25 Hindu Marriage Act: MP High Court
The Madhya Pradesh High Court has held that the fact that a decree of divorce has already been passed does not, by itself, preclude a spouse from seeking permanent alimony under Section 25 of the Hindu Marriage Act. [2026 LiveLaw (MP) 357]The Court accordingly held that the matrimonial court is competent to consider an application for permanent alimony even after the divorce decree.The bench...