Duty To Maintain Spouse Primary; Loan Repayments For Asset Creation No Ground To Reduce Maintenance Liability: Supreme Court

The Supreme Court recently observed that deductions arising out of financial commitments such as loan repayments, particularly where they contribute towards creation of assets, cannot be treated on par with necessary expenditure so as to substantially reduce the liability of maintenance. The Court emphasized that the obligation to maintain a spouse is a primary duty and cannot be subordinated...

Supreme Court Directs Husband's Employer To Deposit Monthly Maintenance To Wife's Account After Deducting From His Salary

The Supreme Court recently directed the employer of a man to deduct ₹25,000 every month from his salary and transfer the amount directly to the bank account of his estranged wife towards maintenance for her and their minor daughter.A bench of Justice JB Pardiwala and Justice KV Viswanathan passed the direction after noting that the husband had failed to comply with earlier orders and had...

Supreme Court Stays Muslim Husband's Talaq-E-Hasan Divorce To Illiterate Wife; Couple To Remain Married Until Talaq Proven Valid

The Supreme Court today stayed the operation of a talaq-e-hasan divorce given by a Muslim husband to his illiterate wife, noting that there were allegations of his obtaining her signatures on a blank paper and he did not appear to defend them.A bench of CJI Surya Kant and Justice Joymalya Bagchi passed the order. When apprehensions were expressed by Senior Advocate MR Shamshad (appearing...

Can Muslim Woman Invoke Khula & Terminate Marriage Without Husband's Consent? Supreme Court To Consider

The Supreme Court recently appointed Senior Advocate Shoeb Alam as amicus curiae in an appeal against a Kerala High Court judgment upholding a Muslim woman's right to pronounce khula and terminate marriage without the husband's consent.A bench of Justice Sanjay Kumar and Justice K. Vinod Chandran listed the case for hearing on April 22, 2026, noting that the case involves a question of...

Welfare Of Child Paramount But Not Sole Consideration In Custody Disputes: Supreme Court

Emphasising that child custody decisions cannot rest on welfare alone, the Supreme Court held that courts must also take into account a range of other relevant factors, including the conduct of parents, their financial capacity, standard of living, and the comfort and education of the children.Setting aside a Jammu and Kashmir High Court judgment that restored the custody of two minor children...

Husband's Duty To Maintain Ex-Wife After Divorce Won't End Merely Because She Is Educated Or Has Parental Support : Supreme Court

The man pleaded financial incapacity, citing liabilities arising from a second marriage that had also broken down, however, the Court rejected this contention.

Hindu Daughter-in-Law Who Becomes Widow After Father-in-Law's Death Entitled To Maintenance From His Estate : Supreme Court

The Court held that the protection of the Hindu Adoption and Maintenance Act cannot be based on the timing of the husband's death.

'Rare Settlement' : Supreme Court On Wife Agreeing To Divorce Without Monetary Claims, Appreciates Return Of Gifts From Husband's Side

While dissolving an estranged marriage on mutual consent, the Supreme Court on Thursday appreciated the woman for returning the gold bangles gifted to her by the husband's mother at the time of the marriage. The Court also observed that this was a "rare settlement", as no monetary claim was raised by the wife.A bench comprising Justice JB Pardiwala and Justice KV Viswanathan was hearing...

Parent's Work-From-Home Status Alone Cannot Determine Child Custody : Supreme Court

The Supreme Court observed that merely because a parent is working from home would not entitle him/her a custody of a child. The Court stressed that a parent can't always be available with the child, and has to go out to earn a livelihood, which shouldn't deprive the parent to avail the custody of a child. “We, therefore, do not subscribe to the view that if one parent is working from home...

Divorced Muslim Woman Entitled To Recover Gifts Given To Husband At Marriage : Supreme Court

The Court said that it must adopt a construction which secures the dignity and financial protection of a Muslim woman post her divorce.

Mohammedan Law | Muslim Widow With No Child Entitled To 1/4th Share In Deceased Husband's Estate : Supreme Court

The Supreme Court affirmed the Bombay High Court's decision that had denied a Muslim widow a 3/4th share in her late husband's estate. The Court said that the widow, a Muslim wife having no child, is entitled to receive only 1/4th share.Further, the Court clarified that a mere agreement to sell executed by the deceased's brother could not defeat the widow's inheritance rights, since such...

Maintenance & Welfare Of Senior Citizens Act | Age To Be Determined Based On Date Of Application : Supreme Court

The Supreme Court has clarified that the relevant date to determine whether a person qualifies as a “senior citizen” under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is the date of filing of the application before the Maintenance Tribunal, not the date of adjudication.A Bench of Justices Vikram Nath and Sandeep Mehta held so while allowing the appeal of...