'Wife Can't Be Treated As Chattel': Orissa High Court Imposes ₹50K Costs On Husband For Filing Habeas Corpus Plea In Matrimonial Dispute

The Orissa High Court has recently dismissed a writ petition in the nature habeas corpus filed by a husband and imposed an exemplary cost of rupees fifty thousand on him for litigating to secure custody of his wife, who had left matrimonial home out of her own volition due to marital disharmony.Terming the case to be a “classical example” of husband pressurizing wife of conjugal union...

Can Remarriage During Pendency Of A Delay-Condoned Divorce Appeal Be Treated As Void? Kerala High Court Explains

The Kerala High Court has recently considered a question as to whether the remarriage of a party during the pendency of divorce appeal under the Hindu Marriage Act, in which delay was condoned, would be void. [2026 LiveLaw (Ker) 343]The Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. was considering an appeal filed by a husband/appellant challenging a decree...

Family Courts Are Duty Bound To Accept 'Mubarat' Divorce Of Muslim Couple: Gujarat High Court

The Gujarat High Court has reiterated that when marriage between a Muslim couple, governed by the Shariat Law, is dissolved by Mubara'at Agreement, then Family Courts are duty bound to accept the agreement of the parties and to declare the dissolution of the marriage as agreed between parties. [2026 LiveLaw (Guj) 171]A division bench of Justice Ilesh J Vora and Justice RT Vachhani in its...

Andhra Pradesh High Court Rejects Husband's Transfer Plea, Says Family Court's Insistence On Personal Appearance Doesn't Show Bias

The Andhra Pradesh High Court has dismissed a husband's petition seeking transfer of a matrimonial case from Family Court at Tirupati, holding that the Family Court's insistence on his personal appearance in the proceedings could not, by itself, give rise to an apprehension of bias or justify transfer of the case.[2026 LiveLaw (AP) 103]Justice V. Gopala Krishna Rao was hearing a transfer...

AP High Court Upholds Daughters' Share In Ancestral Property, Rejects Brother's Challenge To Their Legitimacy

The Andhra Pradesh High Court has upheld the right of six daughters born from a second marriage to claim equal shares in ancestral family property, while dismissing a second appeal filed by their half-brother who had disputed both their legitimacy and entitlement to partition. [2026 LiveLaw (AP) 101]Justice V. Gopala Krishna Rao was hearing a second appeal against a judgment that had reversed...

Rajasthan High Court Rejects Husband's Plea Seeking Wife's Narco, Polygraph & DNA Tests To Rebut Impotency Allegations

The Rajasthan High Court has upheld the rejection of a husband's application seeking joint medical examination of himself and his wife, to refute the allegations of physical incapacity and impotency levelled by the wife in her divorce petition. [2026 LiveLaw (Raj) 248]The bench of Justice Sanjeet Purohit observed that firstly, the application was filed at a belated stage of the proceedings,...

Does Daughter Have Coparcenary Rights In Grandfather's Self-Acquired Property Allotted To Father In Partition? Karnataka High Court Answers

The Karnataka High Court on Tuesday (June 16) ruled that properties inherited by daughter's father from her grandfather–which he had acquired on his own, become individual/ separate properties of her father. [2026 LiveLaw (Kar) 210]Such properties would not assume the character of ancestral property at the hands of the father merely because they were received through a family partition,...

Can A Divorced Wife Claim Maintenance Or Seek Its Enhancement From Ex-Husband's Estate After His Death? Bombay High Court Answers

In a significant ruling, the Bombay High Court held that a divorced woman though can continue to seek maintenance based on a decree, from the husband's estate or properties even after his death, however, she cannot seek enhancement of the same maintenance from the said estate after his death. [Citation: 2026 LiveLaw (Bom) 284]A division bench of Justice Bharati Dangre and Justice...

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...