High Court

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...

'Permanent Alimony Not Intended To Equalise Wealth': Karnataka High Court Slashes Wife's ₹2 Crore Alimony To ₹50 Lakh
The Karnataka High Court has recently upheld the dissolution of marriage between a couple on grounds of cruelty, while substantially reducing the permanent alimony awarded to the wife from Rs. 2 crores to Rs. 50 lakhs. [2026 LiveLaw (Kar 348]The court held further that permanent alimony is not intended to equalise the assets or wealth of the parties but to ensure reasonable maintenance....

Daughter-In-Law Not Liable When Senior Citizen's Own Children Alive: Kerala High Court
The Kerala High Court recently held that a daughter-in-law is not liable under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 when the senior citizen's children are alive. [2026 LiveLaw (Ker) 499]Justice Harisankar V. Menon observed that a daughter-in-law would not fall within the definition of 'child' nor 'relative' under the Act when the senior citizen has other...

'Hectic': Karnataka High Court Modifies Visitation To Prevent 950-Km Monthly Travel For 10-Yr-Old In Father's Custody
Child has literally become a victim of disputes between parents, Court said.

Jharkhand High Court Grants Interim Custody Of 4-Year-Old To Mother, Notes “Pain And Sacrifice” Associated With IVF Process
The Jharkhand High Court has held that the welfare and best interests of a minor child must be the paramount consideration in custody matters and, while granting interim custody of a four-year-old girl to her mother, took note of the fact that the child was born through IVF and the mother had endured the “pain and sacrifice associated therewith.”A Division Bench of Justice Sujit...

Wife's Frequent Visits To Maternal Home, Pressure To Live Separately Despite Husband Being Only Son Amounted To Cruelty: Madras High Court
The Madras High Court recently held that a wife, forcing an only son to leave the joint family to set up a separate residence and going to her maternal house frequently without reason, would constitute cruelty on the husband. [2026 LiveLaw (Mad) 438] The bench of Justice PT Asha and Justice N Mala thus refused to interfere with an order of a Family Court, granting divorce to the husband...

Bombay High Court Criticises Family Court's 'Regressive' Remarks On 'Pious Duties' Of Wife
The Bombay High Court recently expressed displeasure with a Pune Family Court for sermonising and setting out the so-called 'pious' duties of a wife towards her husband and handing over a minor boy's custody to his father. The High Court held that Judges must be 'mindful' while making observations and avoid making any 'unwarranted' or 'unconnected' remarks. For context, Family Court Judge...
