AP High Court Fines Mother ₹50,000 For Suppressing Grant Of Custody To Father Pursuant To Mutual Settlement

The Andhra Pradesh High Court has held that a habeas corpus petition seeking custody of minor children is not maintainable where the children are in the custody of their father pursuant to a mutually agreed settlement between the parents.[2026 LiveLaw (AP) 197]A Division Bench of Justice Ravi Nath Tilhari and Justice Purushottam Kumar Chintalapudi dismissed with costs the mother's petition seeking production and restoration of custody of her two minor children. The Court...

Wife Earning No Reason To Reduce Father's Liability To Maintain Children : Supreme Court

"The obligation to maintain the children is shared by both parents,but it cannot be divided by arithmetic alone," the Court said.

Mere Annoyance Or Irritation In Marital Life Is Not Cruelty: Bombay High Court Denies Divorce To Husband

Mere annoyance or irritation between a couple will not amount to cruelty and cannot be a ground for seeking divorce under the Hindu Marriage Act, held the Bombay High Court recently while dismissing a husband's appeal against an order of a Family Court, which too had dismissed his plea seeking dissolution of his marriage on grounds of cruelty. A division bench of Justice Urmila Joshi-Phalke and Justice Raj Wakode said the allegations of cruelty cannot be considered on trivial issues and...

Christian Women Can File For Divorce At Their Place Of Residence: Kerala High Court

In a significant ruling, the Kerala High Court has held that as per Section 3 of the Divorce Act, Christian women can file for divorce in their places of residence. [2026 LiveLaw (Ker) 456]The Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. was considering an appeal filed by a wife after the Single Bench rejected her plea seeking a declaration that Section 3(3)...

Voter List Entry Showing Spouse's Name Not Proof Of Valid Hindu Marriage: Patna High Court

The Patna High Court has held that a person's name appearing as a spouse in the voter list does not, by itself, prove a valid Hindu marriage. Where the marriage itself is disputed, the party asserting it must prove that the marriage was solemnised through the rites and ceremonies required under Section 7 of the Hindu Marriage Act, 1955. A Division Bench of Justice Bibek Chaudhuri and Justice...

Loans Taken By Husband Cannot Reduce His Maintenance Obligation Towards Wife: Jharkhand High Court

The Jharkhand High Court has held that a husband cannot ordinarily rely on loans taken for “future wealth construction” to reduce his income for determining maintenance or permanent alimony. The Court held that voluntary loan repayments, particularly for creating assets, cannot override the obligation to maintain the wife.A Division Bench of Justice Sujit Narayan Prasad and Justice...

Denial Of Maintenance Forcing Wife Into Destitution Violates Her Right To Live With Dignity Under Article 21: Allahabad High Court

The Allahabad High Court last week observed that denial of maintenance, forcing the wife into destitution, violates the constitutional guarantee under Article 21, which includes the right to live with dignity.The Court added that the maintenance ensures that the wife is not compelled to lead a life of destitution for such deprivation would offend the dignity guaranteed under Article 21. A...

Once Court-Annexed Mediation Ends In Signed Settlement, Party Cannot Withdraw Consent On Mere Change Of Mind: Jharkhand High Court

The Jharkhand High Court has held that a settlement reached through court-annexed mediation, reduced into writing and signed by the parties, cannot be unilaterally withdrawn merely because one party later changes their mind. The Court held that the right to withdraw exists only during the mediation process and not after a binding settlement has been executed.A Division Bench of Justice...

Muslim Husband Can't Seek Declaration Of Divorce Solely On Basis Of 'Fatwa': MP High Court

The Madhya Pradesh High Court has held that a fatwa cannot form the basis for a decree declaring divorce of a Muslim couple. [2026 LiveLaw (MP) 315]Justice Vivek Jain added that no seminary can grant divorce to a Muslim male. The bench thus rejected a Muslim man's suit seeking declaration of divorce solely on the basis of a fatwa issued by the Darul-Dafa Masajid Committee, Bhopal. The...

Does Wife Asking For Separate Residence From Husband's Family Amount To Cruelty? Kerala High Court Answers

The Kerala High Court recently held that a wife demanding separate residence away from husband's family without sufficient reason would amount to cruelty. [2026 LiveLaw (Ker) 431]The Division Bench of Justice Satish Ninan and Justice P. Krishna Kumar held:“A demand for a separate residence away from the husband's family, without sufficient reason, by itself constitutes an act of...

Wife's Convenience, Child's Welfare Relevant But Can't Automatically Justify Transfer Of Matrimonial Case: Allahabad High Court

The decisive test is whether refusal of transfer is likely to occasion failure of justice, Court said.

Family Court Cannot Skip Mother's Main Plea For Interim Custody & Only Grant Restrictive Visitation Rights: Jharkhand High Court

The Jharkhand High Court has held that where a parent's application contains a substantive prayer for temporary custody and an alternative prayer for visitation rights, the Family Court must first consider and reject the substantive prayer by assigning cogent reasons before proceeding to the alternative relief.A Division Bench of Justice Sujit Narayan Prasad and Justice Sanjay Prasad set aside...