High Court
Tinder Relationship Turning Sour Doesn't By Itself Amount To Rape On False Promise Of Marriage: Uttarakhand High Court
The Uttarakhand High Court has held that where two adults enter into a consensual relationship after meeting through a dating application like Tinder, the relationship cannot subsequently be termed as one based on a false pretext of marriage merely because it later turns sour and does not culminate in marriage. The Court observed that the allegations disclosed a consensual relationship and not...
Wife Demanding ₹2 Crores To Consent For Divorce, Refusing Cohabitation Amounts To Mental Cruelty: Chhattisgarh High Court
The Chhattisgarh High Court has upheld a decree of divorce on the ground of mental cruelty, holding that a spouse who persistently refuses to resume cohabitation, deprives the other spouse of matrimonial companionship and consortium, and demands an exorbitant lump-sum amount of ₹2 crores as a condition for consenting to divorce subjects the other spouse to mental cruelty. [2026 LiveLaw...
Fresh DNA Test Can't Be Denied Over Earlier Report Being Unchallenged, Child's Right To Recognition Of Paternity Prevails: AP High Court
The Andhra Pradesh High Court has held that a fresh DNA test may be directed in exceptional circumstances where a child's right to maintenance and determination of paternity is directly in issue, notwithstanding an earlier DNA report obtained during criminal proceedings. [2026 LiveLaw (AP) 135]In doing so, the Court allowed a mother and her minor daughter's plea seeking a fresh DNA...
Trial Court Need Not Defer S.125 CrPC Maintenance Order If S.340 CrPC Plea Is Filed After Judgment Is Reserved: Allahabad High Court
The Allahabad High Court has clarified that the Trial Courts are not obligated to defer pronouncement of judgment on a maintenance application filed under Section 125 CrPC merely because an application under Section 340 CrPC is filed after the judgment was reserved. A bench of Justice Lakshmi Kant Shukla observed that proceedings contemplated under Section 340 CrPC are independent...
Can't Conduct Detailed Inquiry Into Child's Welfare In Habeas Corpus Jurisdiction, Remedy Lies Under Guardians & Wards Act: AP High Court
The Andhra Pradesh High Court has held that a habeas corpus writ is ordinarily not maintainable in child custody disputes where a detailed inquiry into the welfare of the minor is required, particularly when proceedings under the Guardians and Wards Act, 1890 are already pending. [2026 LiveLaw (AP) 129]The Division Bench of Justice Ravi Nath Tilhari and Justice Subhendu Samanta dismissed a...
Working Mother Who Got Child Custody Claiming Financial Capability Can't Fasten Entire Maintenance Burden On Father: Allahabad High Court
The Allahabad High Court has observed that a working mother who obtains the custody of her minor child by explicitly asserting her financial capability to maintain him/her cannot fasten the entire financial burden of the minor exclusively upon the father [2026 LiveLaw (AB) 418]. A bench of Justice Lakshmi Kant Shukla thus dismissed a criminal revision plea filed by a woman and her...
'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...