Supreme Court
Foreign Divorce Decree Against Indian Law & Change Of Citizenship Won't Shield Husband From Bigamy Prosecution : Supreme Court
The Supreme Court on Tuesday (November 3) upheld the bigamy proceedings against a man, who performed a second marriage abroad on the strength of a UK divorce decree on the ground of irretrievable breakdown of marriage after obtaining UK citizenship, and a failed attempt to end a marriage in India. Since the ground of irretrievable breakdown of marriage is not recognised under the Hindu...
Compromise Decree Obtained Without Impleading Necessary Party Is Nullity : Supreme Court
The affected party is entitled to seek recall of the compromise decreee which was obtained behind their back.
'Parent Facing POCSO Prosecution Cannot Be Granted Custody', Supreme Court Permits Mother To Relocate Children To UK
The Supreme Court on Wednesday (September 23) permitted a mother to relocate her two minor children to the United Kingdom, while denying custody to the father who is facing prosecution under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The Court held that a parent facing prosecution under the POCSO Act cannot be considered entitled to custody of the children.The...
Anti-Suit Injunction Cannot Be Granted On Speculation That Foreign Court May Pass Decree Not Enforceable In India : Supreme Court
The anti-suit injunction orders are not supposed to be a routine judicial exercise, the Court stated.
Hindu Succession Act | Widow's Limited Interest Becomes Absolute Under S14(1) Even Without Partition: Supreme Court
The Supreme Court has held that a Hindu widow who acquired an interest in her deceased husband's property under the Hindu Women's Rights to Property Act, 1937, could become the absolute owner of that interest by virtue of Section 14(1) of the Hindu Succession Act, 1956, even if no partition had taken place.The Court observed that even where the property remains undivided, a widow's limited...
Monetary Claim Waived In Divorce Settlement Cannot Be Revived In DV Act Proceedings: Supreme Court
The Supreme Court on Monday (24.08.2026) has quashed proceedings under the Protection of Women from Domestic Violence Act, 2005 (DV Act) initiated by a wife and daughter against the husband. While quashing the proceedings, the Court held that once the wife had voluntarily relinquished all monetary claims, including maintenance, by a Settlement Agreement and a subsequent affidavit before...
Supreme Court Extends S.498A IPC To Live-In Relationships Which Are 'Relationships In The Nature Of Marriage'
The Court held that for a domestic cruelty complaint, a formal marriage is not necessary.
S. 125 CrPC | Wife Can Be Denied Interim Maintenance If Husband Ex Facie Shows Her Adulterous Relationship : Supreme Court
The Supreme Court on Friday (July 31) held that an interim maintenance under Section 125 of Cr.P.C. can be denied to the wife once the husband ex facie establishes the wife's adulterous relation at the stage of an interim maintenance. “…we are of the view that if a husband files an application under Section 125(4) and is, at the first instance, able to establish the charge through...
Indian Succession Act | How Does Wife's Property Devolve After Death? Supreme Court Explains Christian Inheritance
The Supreme Court on Thursday (July 30) clarified that under Christian succession law, a property purchased by a husband in the name of his wife remains the wife's exclusive property. Consequently, upon her death, succession to such property must be determined based on her ownership and cannot be treated as the husband's estate for the purpose of applying Section 33 of the Indian Succession...
Supreme Court Deplores Wives' Practice Of Complaining To Husbands' Employers Over Matrimonial Disputes
Justice BV Nagarathna said that loss of husband’s employment would ultimately affect maintenance claims.
Hindu Succession Act | Class-I Heirs' Preferential Right Under Section 22 Extends To Agricultural Land : Supreme Court
The Supreme Court on Tuesday (July 14) ruled that Section 22 of the Hindu Succession Act, 1956, which grants Class-I heirs a preferential right to purchase property proposed to be transferred by another co-heir, applies equally to agricultural land. Dismissing an appeal challenging the applicability of Section 22 of the Hindu Succession Act to agricultural land, a Bench of Justice Sanjay...
Supreme Court Refuses To Interfere With Delhi HC Order Allowing Wife To Seek Husband's Hotel, CDR Records To Prove Adultery
The Supreme Court refused to interfere with the Delhi High Court ruling permitting a wife to summon hotel records and the call detail records (CDRs) of her husband in matrimonial proceedings to substantiate allegations of adultery.A partial court working days bench of Justice Manmohan and Justice K. Vinod Chandran dismissed the appeal filed by the husband, declining to interfere with...