Wife Cannot Continue To Occupy Sister-In-Law's Property After Husband Vacates: Delhi High Court

The Delhi High Court has held that a woman cannot continue to occupy a property owned by her sister-in-law after her husband, who was residing there as a permissive occupant, vacates the premises.While dealing with one such case, Justice Neena Bansal Krishna observed,“...it is her husband MK who had been permitted to occupy the Suit premises and after marriage she had merely joined him...

Is Sole Surviving Widow Entitled To Full Family Pension Despite Being 'Second Wife'? P&H High Court Answers

The Punjab and Haryana High Court has held that where a deceased government employee is survived by only one widow and there are no eligible claimants from a pre-deceased spouse, the surviving widow is entitled to full (100%) family pension.The Court clarified that the State cannot retain any portion of the pension by misapplying provisions meant for cases involving multiple...

Custody Of Child Cannot Continue Without Court Order, Even If Child Went Willingly: MP High Court Restores Custody To Mother

The Madhya Pradesh High Court has restored the custody of a 7-year-old girl to her mother, after observing that the father cannot keep the child in his custody, even if the child went willingly, in the absence of a court order. [2026 LiveLaw (MP) 208]2026 LiveLaw (MP) 208A habeas corpus writ petition was filed by a mother seeking production of his 7-year-old daughter and her husband...

'Premature': Rajasthan High Court Rejects Estranged Wife's Plea For Inclusion As Nominee In Family Pension During Lifetime Of Husband

Rajasthan High Court dismissed the petition filed by an estranged wife seeking inclusion of her name as a nominee in the pension payment order (PPO) of her husband, after noting that since the husband was still alive and thus her petition was premature.The bench of Justice Ashok Kumar Jain observed that the petitioner had no right to claim inclusion of her name in the PPO as nominee to...

'Deprived Of Legitimate Right To Maintenance': MP High Court Grants ₹10 Lakh Compensation To Woman In Domestic Violence Case

The Madhya Pradesh High Court has substantially enhanced the compensation awarded to a woman and her daughter from ₹10,00 to ₹10 Lakh in a domestic violence case, noting that her husband's family filed a civil suit and obtained a decree, thereby depriving the woman benefit of maintenance which was already settled in her favour.The bench of Justice Gajendra Singh observed:"The course...

Wife Continuing Dowry Case After Taking ₹20 Lakh Alimony & Mutual Divorce Is Abuse Of Law: Rajasthan High Court

The Rajasthan High Court held that continuation of proceedings against ex-husband and his family by the ex-wife even after receiving a lumpsum amount of Rs. 20 lakhs as alimony and procuring a decree of mutual divorce, amounted to abuse of the process of law. The bench of Justice Anoop Kumar Dhand observed that the matter indicated a reverse trend wherein the complainant-wife, despite...

'Cannot Be Made Family Court': Madras High Court Dismisses Woman's Plea To Stop Pension Benefits Of Husband Over Unpaid Maintenance

The Madras High Court recently dismissed a plea by a wife seeking to stop the disbursement of pensionary benefits and other service benefits to her husband over unpaid maintenance dues. Justice Mummineni Sudheer Kumar observed that the High Court could not be converted into an execution court or family court. The court observed that if the wife succeeded in her maintenance case against...

Professionally Active Wife's Plea Of Inability To Travel Doesn't Inspire Confidence: P&H High Court Declines Transfer Of Divorce Case

The Punjab and Haryana High Court has dismissed a transfer petition filed by a wife seeking transfer of a divorce case instituted by her husband from Amritsar to Hoshiarpur, holding that no sufficient ground or genuine hardship was made out to warrant such transfer.Justice Nidhi Gupta said, "Moreover, from the material placed on record, including photographs annexed by respondent No.1,...

MP High Court Grants Maintenance To Woman & Child; Draws Adverse Inference Against Man For Refusing DNA Test

The Madhya Pradesh High Court has awarded maintenance to a woman and her son after holding that an adverse interference could be drawn against a man who refused to undergo a DNA fingerprinting test sought to establish the child's paternity. The court observed that proceedings under Section 125 CrPC are welfare-oriented in nature and do not require strict proof of marriage as is necessary...

Delay In Challenging Family Court Orders In Matrimonial Disputes Is Fatal As Parties May Alter Marital Status: Kerala High Court

The Kerala High Court has observed that delay in challenging Family Court orders on matrimonial disputes, especially on dissolution of marriages, is fatal as parties may alter their marital status.A Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. observed:“In matrimonial disputes especially in the matters relating to dissolution of marriage, delay in...

Kerala High Court Directs Addition Of Father's Name In Birth Certificate Of Child Conceived Through IVF When Parents Were Living Together

In an exercise of its extraordinary powers under Article 226 of the Constitution of India, the Kerala High Court recently ordered for the addition of father's name in the birth certificate of a child born when parents were living together.Justice P.V. Kunhikrishnan was considering a plea by the parents of the child, whose birth certificate recorded only the mother's name but left the...

Single Mother Can Apply For Child's Passport Without Father's Consent If Prescribed Declarations Are Filed: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that a single mother is entitled to apply for a passport for her minor child without the consent or signature of the father, provided the prescribed declarations under the Passport Rules are furnished.Under the Passport Rules, 1980, particularly Column 16 of the Guidelines for filling up passport application forms and Clause 4.8 of the...