Bar On Application Of Hindu Marriage Act To Scheduled Tribes Doesn't Apply If Couple Follows Hindu Customs: Rajasthan High Court

Rajasthan High Court has held that persons belonging to Scheduled Tribes following Hindu traditions and customs will be governed by Hindu Marriage Act and thus cannot be relegated to customary courts when the parties themselves admit that they are following Hindu rites.In doing so the court granted divorce to a couple belonging to Meena Community under the Hindu Marriage Act after noting that...

Indian Succession Act | Different Treatment Of Hindu And Christian Wills Upon Testator's Marriage 'Not Discriminatory': Kerala High Court

The Kerala High Court, in a recent decision, held that the differential treatment of wills made by Christians and Hindus upon marriage of the testator, as contemplated under Indian Succession Act, 1925, is not discriminatory. [2026 LiveLaw (Ker) 571]Section 69 provides for automatic revocation of Wills made by Christians, upon their marriage. This provision is not applicable to Hindus due to...

Pressurizing Only Son To Abandon His 68-Year-Old Widowed Mother Is Mental Cruelty: Allahabad High Court

The Allahabad High Court has held that persistent pressure by a wife upon her husband, the only son of his 68-year-old widowed mother, to leave the mother and set up a separate household amounts to mental cruelty and entitles the husband to a decree of divorce under Section 13 of the Hindu Marriage Act, 1955.The bench of Justice J.J. Munir and Justice Indrajeet Shukla held,“The attempt...

Asking Daughter-In-Law To Do Household Chores Like Washing Clothes, Utensils Is Not Cruelty U/S 498A IPC: Bombay High Court

In-laws asking daughter-in-law to do household chores like washing clothes and utensils would not amount to cruelty under section 498-A of the Indian Penal Code (IPC) and they cannot be prosecuted on this allegation, held the Bombay High Court while quashing FIR against six members of a family. Sitting at the Kolhapur seat, single-judge Justice Abhay Mantri noted the allegation made by...

Spouses Can't Be Compelled To Continue Broken Marriage For Welfare Of Children: Madras High Court

Court said it has to balance the welfare of children with the realities of matrimonial relationship.

Written Plea For Permanent Alimony Is The Rule; Oral Prayer Permissible Where Parties Agree On Entitlement, Quantum: Allahabad High Court

The Allahabad High Court has held that a claim for permanent alimony under Section 25 of the Hindu Marriage Act, 1955 must ordinarily be made in writing, either by a separate application or by a demand carried in the written statement. It held that an oral prayer can be entertained only in the exceptional case where the Court is not required to decide either the entitlement to permanent...

Mere Non-Filing Of FIR Cannot Discredit Wife's Testimony Of Cruelty In Matrimonial Dispute: Jharkhand High Court

The Jharkhand HC has held that in a matrimonial dispute, the mere fact that a wife did not lodge a formal First Information Report cannot, by itself, be a ground to disbelieve her testimony regarding cruelty and assault by her husband.A Division Bench of Justice Sujit Narayan Prasad and Justice Sanjay Prasad was hearing an appeal under Section 19(1) of the Family Courts Act, 1984 against...

S.69 Indian Succession Act | Kerala High Court Upholds Law On Automatic Revocation Of Christian Wills Upon Marriage

Marriage confers new duties on a person's life, priorities change and it is presumed he would not adhere to any Will he previously executed, Court explained.

Madras High Court Grants Child's Custody To Mother After Noting Father's Matrimonial Ad Saying He Doesn't Have Kids

The Madras High Court recently gave full custody of a minor girl to the mother working in Canada, after taking note of the father's matrimonial ad, where he had mentioned himself as a divorcee with no kids. Justice PB Balaji remarked that the advertisement clearly shows that the father had disowned his minor child and was in no way competent to be a guardian or act in the best interest...

Patna High Court Appoints Special Officer To Verify Husband's Assets Amid Wife's Dispute Over Income, Awards ₹50 Lakh Alimony

The Patna HC has held that where there is a substantial dispute between the parties regarding the husband's assets and income, the Court can appoint a Special Officer to ascertain the extent of his property while determining the wife's entitlement to permanent alimony.A Division Bench of Justice Bibek Chaudhuri and Justice Rana Vikram Singh was hearing a matrimonial appeal against the...

'No Parent Is A Visitor In Child's Life': Karnataka High Court Directs Courts To Use 'Parenting Time' Instead Of 'Visitation' In Custody Cases

The Karnataka High Court has recently directed all Family Courts and courts dealing with Guardianship and Wards matters in the State to substitute the term 'visitation' with 'parenting time' during judicial proceedings. The court reasoned that the former term carries an unfortunate suggestion that one parent is merely a 'guest' in the child's life.The single judge bench of Justice...

Kerala High Court Refuses To Quash Cruelty Case Against In-Laws Accused Of Calling Woman 'Servant', 'Cancer In Their Life'

The Kerala High Court recently refused to quash the matrimonial cruelty case against the parents-in-law of a woman, who allegedly referred to her as 'servant without wages' and 'cancer in their lives'. [2026 LiveLaw (Ker) 557]Justice G. Girish observed that there are multiple incidents of matrimonial cruelty attributed against the husband's parents and that the same are prima facie sufficient...