'Innovative Thought': Allahabad High Court Appreciates Family Court's Order Of 10% Annual Increase In Wife's Maintenance

HC observed that it was "very surprising" that such an innovative thought had not occurred to the High Court.

Tripura High Court Sets Aside Divorce Decree, Says Mere Separate Residence Or Filing Domestic Violence Case Cannot Amount To Cruelty

The Tripura High Court has set aside a decree of divorce granted by the Family Court, Dharmanagar, holding that the husband failed to establish that his wife had treated him with cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The Court remarked that the Family Court had relied on assumptions and circumstances which could not constitute a valid ground for divorce. Division...

Before Shifting Minor's Custody Over Disrupted Schooling, Court Must Explore If Studies Can Continue Without Changing Custody: Allahabad High Court

The Allahabad High Court has set aside an order handing over custody of a ten-year-old girl to her father, holding that where the only reason for shifting custody was the interruption of the child's schooling, the Court was first required to examine whether her studies could continue while she remained with her mother, particularly when the child had said she wished to live with the...

Every Disagreement Between Wife And In-Laws Not Cruelty: Madras High Court Refuses Divorce To Husband

The Madras High Court has held that every disagreement that a spouse has with parents-in-law cannot be termed as cruelty committed by that spouse against the other spouse. [2026 LiveLaw (Mad) 466] The bench of Justice GR Swaminathan and Justice MD Sumathi thus refused to grant divorce to a husband on allegations of cruelty. “The evidence further shows that the...

Family Suit Can Be Transferred To Wife's Place Of Residence Over Hardship Caused Due To Travel, Child-Care Duties: Gujarat High Court

The Gujarat High Court transferred a matrimonial suit from Family Court Morbi to the Court at Kutch after noting that the wife was living in Kutch district and travelling to Morbi to attending proceedings was causing her great hardship. [2026 LiveLaw (Guj) 261]In doing so the court noted that the inconvenience that was being caused to the wife was much higher as she was also taking care of...

Husband Cannot Refuse To Maintain Wife's Child From Previous Marriage After Knowingly Accepting Him: Uttarakhand High Court

The Uttarakhand High Court has held that a man cannot later “disown” the responsibility of maintaining his wife's child from a previous marriage, after having 'knowingly' accepted the child as part of the matrimonial household . “Having consciously accepted the matrimonial relationship with full knowledge of the existing circumstances,” Justice Alok Mahra held, the man “cannot now...

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...