High Court
'Mere Failure To Produce Bills Or Receipts Does Not Disprove That In-Laws Were Given Stridhan During Marriage': Chhattisgarh High Court
The Chhattisgarh High Court has held that the mere failure of a wife to produce bills or receipts of her Stridhan articles does not lead to the conclusion that such articles were not given at the time of marriage. The Court observed that where the wife specifically states that the receipts are in the possession of her in-laws and there is evidence regarding the entrustment of the...
Magistrate Can Invoke BNSS Search Provision To Recover Child Forcibly Taken Away By Father: Bombay High Court
The Bombay High Court has held that a Magistrate can invoke the search provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS) to recover a child allegedly taken away by his father from the mother's custody by force.Upholding orders passed by a Magistrate in Malegaon directing the police to search the father's residence and subsequently restore the custody of the three-year-old child...
Wife Entitled To Interim Maintenance Under Hindu Marriage Act During Pendency Of Appeal Against Divorce Decree: Delhi High Court
The Delhi High Court has held that a wife is entitled to continue receiving interim maintenance during the pendency of appeal against divorce decree under Hindu Marriage Act 1955, observing that an appeal is merely a continuation of the original matrimonial proceedings. [2026 LiveLaw (Del) 654]A Division Bench of Justices Vivek Chaudhary and Renu Bhatnagar directed an Army officer to...
Family Court's Custody Order Based On Child Interaction That Never Took Place 'Unsustainable': Telangana High Court
The Telangana High Court has set aside an interim custody order passed by a Family Court after finding that it was based on observations purportedly made during a personal interaction with the minor child, even though no such interaction had actually taken place. [2026 LiveLaw (Tel) 105]Holding that findings regarding a child's wishes, preference and demeanour cannot be founded on an event...
Courts Cannot Presume Bride Entrusts Gold To Husband Or In-Laws Based On Social Customs Alone: Kerala High Court
The Kerala High Court has held that courts adjudicating matrimonial disputes cannot presume that a bride entrusted her gold ornaments or money to her husband or in-laws merely on the basis of prevailing social customs or general practices. [2026 LiveLaw (Ker) 371]Observing that assumptions drawn from past precedents may no longer reflect contemporary realities, the Division Bench of Justice...
Can Woman Claim Maintenance U/S 125 CrPC From Man She 'Married' Without Divorcing First Husband? Allahabad High Court Answers
The Allahabad High Court has clarified that a woman does not qualify as a "legally wedded wife" and hence is not entitled to claim maintenance from her partner under Section 125 CrPC if she began residing with him without first divorcing her first husband. A bench of Justice Achal Sachdev thus set aside the Family Court's order to the extent that it granted maintenance to the woman from...
Secretly Recording Spouse's Calls Without Consent Violates Right To Privacy, Inadmissible In Divorce Proceedings: Telangana High Court
The Telangana High Court has held that secretly recording telephone conversations of a spouse without their consent constitutes a breach of the fundamental right to privacy under Article 21 of the Constitution and that such recordings cannot be admitted in evidence in matrimonial proceedings. [2026 LiveLaw (Tel) 103]The Court further held that documents sought to be produced as...
S. 125 CrPC | Strict Proof Of Marriage Not Required If Cohabitation As Husband & Wife Is Established: Allahabad High Court
The Allahabad High Court has observed that where a man and a woman have lived together as husband and wife and the relationship is otherwise established, strict proof of a valid marriage should not be insisted upon so as to defeat a claim under Section 125 CrPC. Referring to the Supreme Court's 2014 decision in Badshah vs Urmila Badshah Godse & Anr, a bench of Justice Achal...
Allahabad High Court Seeks Explanation From Family Court Judge For Granting Maintenance To Wife Despite Remarriage
The Allahabad High Court, on Tuesday, sought explanation from Additional Principal Judge, Family Court, Jhansi as to why maintenance was granted to a wife from her first husband, when the wife had disclosed about her remarriage after divorce.It is the revisionist's case that the parties were granted a divorce decree on 30.07.2025 by the Additional Principal Judge, Family Court, Jhansi. It...