High Court

General Allegation That In-Laws Supported Husband Not Enough To Invoke Domestic Violence Act: Karnataka High Court
The Karnataka High Court has quashed domestic violence proceedings against a husband's parents, holding that a general allegation that they supported their son, without any specific allegation or overt act of domestic violence, cannot justify continuation of proceedings against them. The case against the husband, however, will continue. [2026 LiveLaw (Kar) 379]Justice Venkatesh Naik T was...

Women Becoming Career-Oriented Taking A Toll On Marriages; Husbands Becoming Homemakers May Be A Remedy: Madras High Court
If there can be house wives, there can be house husbands also. Let this become a new normal, Court said.

Short Duration Of Marriage Alone Can't Determine Permanent Alimony: Karnataka High Court Upholds ₹50 Lakh Award
Alimony can't be determined on basis of duration of marriage or by applying mathematical formula, Court said.

Presumption Of Hindu Family's Jointness Can Be Refuted If Relationship Amongst Members Becomes Remote: Karnataka High Court
The Karnataka High Court has held that the presumption of jointness of a Hindu family is not an “immutable rule of evidence” and becomes progressively weaker as relationships become remote, particularly when disputes arise between members belonging to the third generation or beyond.Referring to the principles stated by Mulla on Hindu Law, Justice Sachin Shankar Magadum said, “The...

Does Divorce On Ground Of Desertion Bar A Wife From Claiming Maintenance U/S 125 CrPC? Allahabad High Court Answers
The Allahabad High Court has held that a divorced woman can claim maintenance under Section 125 CrPC from her former husband even where the divorce was granted on the ground of her desertion, provided she has not remarried and is unable to maintain herself.A bench of Justice Ram Manohar Narayan Mishra made the observation while allowing a criminal revision filed by a woman whose maintenance...

'Mere Wish Of Wife That Husband Should Live As 'Gharjamai' Is Not Cruelty': Jharkhand High Court Refuses Divorce To Husband
The Jharkhand High Court has held that a wife's mere wish that her husband live as a Gharjamai cannot constitute cruelty for the purpose of seeking divorce under the Hindu Marriage Act.A Division Bench of Justice Sujit Narayan Prasad and Justice Sanjay Prasad was hearing an appeal filed by the husband challenging the dismissal of his divorce petition under Section 13(1)(ia) of the Hindu...

Arya Samaj Marriage Certificate Alone Can't Prove Valid Hindu Marriage; Essential Ceremonies Must Be Performed: Allahabad High Court
The Allahabad High Court has observed that merely producing a marriage certificate issued by an Arya Samaj Mandir cannot establish that a valid marriage was solemnized under the Hindu Marriage Act. The Court said that the essential ceremonies prescribed for a Hindu marriage must be performed. A bench of Justice Rajeev Singh observed thus while quashing the removal of an officer of the...

Child Custody | Father's Role Goes Beyond Financial Support, Can't Be Overlooked Due To Judicial Sympathy Towards Mother: Telangana High Court
The Telangana High Court has observed that a father cannot be deprived of a child's custody as a matter of course unless he is shown to be an unsuitable or undeserving parent. [2026 LiveLaw (Tel) 155]In doing so the court directed the return of a four-year-old girl to the United States, where her parents' custody dispute was already before a court.A Division Bench of Justice Moushumi...

Financial Difficulty Alone No Ground To Transfer Matrimonial Case; Husband Can Bear Wife's Travel Expenses: Rajasthan High Court
Rajasthan High Court dismissed a petition by a wife, seeking transfer of divorce proceedings from Alwar to Jaipur opining that that merely because petitioner had claimed to be not financially well-off, it could not be accepted that she was unable or incapable of travelling, especially when the respondent-husband was ready to pay off her expenses for such travel. The bench of Justice...

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...
