Family Law/Matrimonial Cases
CARA To Issue NOC For Child Adopted Under HAMA; Hague Convention Not Attracted In Expatriate Adoption: Bombay High Court
The Bombay High Court has held that Articles 5 and 17 of the Hague Convention would not apply where the competent authority of the receiving country has categorically stated that the adoption is an "expatriate adoption" falling outside its regulated inter-country adoption process. The Court further observed that although the adoption in question was governed by the Adoption Regulations, 2022,...
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...
Mere Existence Of Mental Disorder Is Insufficient To Dissolve Marriage: Jharkhand High Court
The Jharkhand High Court has held that the mere existence of a mental disorder, irrespective of its degree, is insufficient to justify dissolution of marriage under Section 13(1)(iii) of the Hindu Marriage Act, 1955. The Court observed that the disorder must be of such a nature and extent that the petitioner cannot reasonably be expected to live with the spouse.A Division Bench of Justice...
Expeditious Disposal Of Divorce Case Can't Mean Denial Of Fair Hearing: Uttarakhand High Court Sets Aside Ex Parte Order Against Wife
The Uttarakhand High Court has held that “the direction for expeditious disposal of matrimonial proceedings cannot be construed to mean that a reasonable opportunity of hearing should be denied to either party”. Holding the above, the High Court set aside the Family Court, Haridwar's order where the appellant-wife's right to file defence was closed and the matrimonial proceedings...
Karnataka High Court Questions Wife's 498A FIR Over Allegation She Was Denied Nutritious Food, Suffered Hair Loss
Observing that not every family grievance can be elevated to the offence of cruelty under Section 498A of the Indian Penal Code, the Karnataka High Court on Tuesday [July 27] questioned whether allegations against husband and in-laws to the effect that they deprived the complainant-wife of nutritious food causing her hair fall, would constitute cruelty under Section 498 A IPC.The single...
Permanent Alimony Must Secure Wife's Future; No Arithmetic Formula Can Determine Quantum: Jharkhand High Court
The Jharkhand High Court has held that no arithmetic formula can be applied while determining permanent alimony under Section 25 of the Hindu Marriage Act, 1955. The Court observed that while fixing permanent alimony, courts must consider the parties' status, the husband's financial capacity, the wife's future needs, inflation and the standard of living she enjoyed during the marriage.A...
Unfounded Allegations On Wife's Chastity, Denial Of Child's Paternity Amount To Matrimonial Cruelty: Jharkhand High Court
The Jharkhand High Court has held that unfounded allegations questioning a wife's chastity and denying paternity of her child amount to a grave assault on her character, honour and reputation and constitute matrimonial cruelty.A Division Bench of Justice Sujit Narayan Prasad and Justice Sanjay Prasad dismissed a husband's appeal against the Family Court's refusal to dissolve the marriage on...
Foisting False Criminal Cases Against Husband Which End In Acquittal Constitutes Mental Cruelty: Andhra Pradesh High Court
The Andhra Pradesh High Court held that the filing of false criminal cases by a spouse, which ultimately end in acquittal, constitutes mental cruelty and is a valid ground for dissolution of marriage. [2026 LiveLaw (AP) 158]The Court upheld the decree of divorce granted in favour of the husband, observing that while merely filing a criminal complaint does not amount to cruelty, compelling...
Wife's Offer To Resume Cohabitation Can't Defeat Husband's Divorce Plea After Failed Reconciliation Attempts: Kerala High Court
The Kerala High Court in a recent decision observed that a husband cannot be denied divorce merely because his wife stated that she is ready and willing to resume cohabitation, when the many attempts at their reconciliation failed. [2026 LiveLaw (Ker) 406]The Division Bench of Justice J. Nisha Banu and Justice Sobha Annamma Eapen dismissed a wife's appeal challenging the decree of dissolution...