Family Law/Matrimonial Cases
Citing Immigration Concerns, Delhi High Court Asks Father To Exercise Visitation Right In US, Not Bring Child To India
The Delhi High Court has modified a Family Court order permitting a minor child residing in the United States to be brought to India for summer visitation, holding that the child's welfare would be better served if the father exercised his visitation rights in the US itself in view of uncertainties surrounding the child's immigration status.The division bench of Justices Tejas Karia and...
AP High Court Upholds Daughters' Share In Ancestral Property, Rejects Brother's Challenge To Their Legitimacy
The Andhra Pradesh High Court has upheld the right of six daughters born from a second marriage to claim equal shares in ancestral family property, while dismissing a second appeal filed by their half-brother who had disputed both their legitimacy and entitlement to partition. [2026 LiveLaw (AP) 101]Justice V. Gopala Krishna Rao was hearing a second appeal against a judgment that had reversed...
Unfounded Allegations Of Mental Illness Against Wife Amount To Cruelty, Violate Dignity & Privacy: Madras High Court
While refusing to grant divorce to a husband who claimed to have suffered mental cruelty due to his wife's alleged undisclosed Schizophrenia condition, the Madras High Court held that making such unfounded allegations regarding the mental health of the wife not just amounts to cruelty but is an intrusion into the wife's privacy and personal autonomy. [2026 LiveLaw (Mad)...
Rajasthan High Court Rejects Husband's Plea Seeking Wife's Narco, Polygraph & DNA Tests To Rebut Impotency Allegations
The Rajasthan High Court has upheld the rejection of a husband's application seeking joint medical examination of himself and his wife, to refute the allegations of physical incapacity and impotency levelled by the wife in her divorce petition. [2026 LiveLaw (Raj) 248]The bench of Justice Sanjeet Purohit observed that firstly, the application was filed at a belated stage of the proceedings,...
Does Daughter Have Coparcenary Rights In Grandfather's Self-Acquired Property Allotted To Father In Partition? Karnataka High Court Answers
The Karnataka High Court on Tuesday (June 16) ruled that properties inherited by daughter's father from her grandfather–which he had acquired on his own, become individual/ separate properties of her father. [2026 LiveLaw (Kar) 210]Such properties would not assume the character of ancestral property at the hands of the father merely because they were received through a family partition,...
Can A Divorced Wife Claim Maintenance Or Seek Its Enhancement From Ex-Husband's Estate After His Death? Bombay High Court Answers
In a significant ruling, the Bombay High Court held that a divorced woman though can continue to seek maintenance based on a decree, from the husband's estate or properties even after his death, however, she cannot seek enhancement of the same maintenance from the said estate after his death. [Citation: 2026 LiveLaw (Bom) 284]A division bench of Justice Bharati Dangre and Justice...
Wife Cannot Continue To Occupy Sister-In-Law's Property After Husband Vacates: Delhi High Court
The Delhi High Court has held that a woman cannot continue to occupy a property owned by her sister-in-law after her husband, who was residing there as a permissive occupant, vacates the premises.While dealing with one such case, Justice Neena Bansal Krishna observed,“...it is her husband MK who had been permitted to occupy the Suit premises and after marriage she had merely joined him...
Is Sole Surviving Widow Entitled To Full Family Pension Despite Being 'Second Wife'? P&H High Court Answers
The Punjab and Haryana High Court has held that where a deceased government employee is survived by only one widow and there are no eligible claimants from a pre-deceased spouse, the surviving widow is entitled to full (100%) family pension.The Court clarified that the State cannot retain any portion of the pension by misapplying provisions meant for cases involving multiple...
Custody Of Child Cannot Continue Without Court Order, Even If Child Went Willingly: MP High Court Restores Custody To Mother
The Madhya Pradesh High Court has restored the custody of a 7-year-old girl to her mother, after observing that the father cannot keep the child in his custody, even if the child went willingly, in the absence of a court order. [2026 LiveLaw (MP) 208]2026 LiveLaw (MP) 208A habeas corpus writ petition was filed by a mother seeking production of his 7-year-old daughter and her husband...
'Premature': Rajasthan High Court Rejects Estranged Wife's Plea For Inclusion As Nominee In Family Pension During Lifetime Of Husband
Rajasthan High Court dismissed the petition filed by an estranged wife seeking inclusion of her name as a nominee in the pension payment order (PPO) of her husband, after noting that since the husband was still alive and thus her petition was premature.The bench of Justice Ashok Kumar Jain observed that the petitioner had no right to claim inclusion of her name in the PPO as nominee to...
'Deprived Of Legitimate Right To Maintenance': MP High Court Grants ₹10 Lakh Compensation To Woman In Domestic Violence Case
The Madhya Pradesh High Court has substantially enhanced the compensation awarded to a woman and her daughter from ₹10,00 to ₹10 Lakh in a domestic violence case, noting that her husband's family filed a civil suit and obtained a decree, thereby depriving the woman benefit of maintenance which was already settled in her favour.The bench of Justice Gajendra Singh observed:"The course...