Vol. 1 ← The Law Register 15 · 05 · 2026

Family & Matrimonial

129 readings— from cases on the docket to the moves that change outcomes.

FAMILY & MATRIMONIAL  ·  FAMILY

12 years apart, but court said no divorce—until Supreme Court stepped in

A couple married in 2007, separated since 2010. Lower courts refused to end the marriage. The Supreme Court found a way using a rarely used power.

5 min read

FAMILY & MATRIMONIAL  ·  FAMILY

12 years apart, marriage still alive? Supreme Court says no

Couple separated since 2010, bitterness undimmed. Court invokes Article 142 to grant divorce, calling it cruelty to keep them tied.

5 min read

FAMILY & MATRIMONIAL  ·  FAMILY

12 years apart, still married. SC says: that's cruelty

Couple separated since 2010. Husband wanted divorce. Courts refused. Then SC stepped in with a surprising logic.

7 min read

FAMILY & MATRIMONIAL  ·  FAMILY

12 years apart, still married. Then the Supreme Court stepped in.

A couple separated for over a decade, with bitterness on both sides, was denied divorce by two courts. The Supreme Court found a way—by calling the dead marriage itself a form of cruelty.

6 min read

FAMILY & MATRIMONIAL  ·  FAMILY

21-year-old wife has no job, no income. Court says she doesn't have to travel 150 km for her divorce case.

She filed for maintenance in Chennai. He filed for annulment in Vellore. The Supreme Court transferred his case to her city, ruling that a financially dependent wife's convenience matters more.

7 min read

FAMILY & MATRIMONIAL  ·  FAMILY

25 years apart, but still married. The Supreme Court just changed that.

A couple separated since 1998, with no kids and endless bitterness, couldn't get a divorce—until the court ruled that staying married itself was cruelty.

5 min read

FAMILY & MATRIMONIAL  ·  CRIMINAL

80 kg ganja seized, but Supreme Court says: case collapses on a technicality

The police mixed the marijuana with green chillies, didn't weigh it separately, and broke the chain of custody. The FSL report became useless.

6 min read

FAMILY & MATRIMONIAL  ·  FAMILY

82-year-old wife refused divorce after 21 years of marriage

Wing Commander sought divorce after wife refused relocation. She raised children alone, now says she doesn't want to die a divorcee. Supreme Court says no.

6 min read

FAMILY & MATRIMONIAL  ·  FIVE

A 30-year-old document is presumed genuine. Unless it's a Will.

Supreme Court says the age-old presumption for old documents doesn't apply to Wills—they need stricter proof under the Succession Act.

6 min read

FAMILY & MATRIMONIAL  ·  TEN

A 30-year-old document wasn't enough. Here's what the court said was missing.

The High Court clarified that even an old document from proper custody doesn't automatically prove its contents. The party relying on it still has to prove the truth of what's written inside.

6 min read

FAMILY & MATRIMONIAL  ·  COMMERCIAL

A company had no land title but got development rights. Now those rights are 'assets' under IBC.

The Supreme Court held that development rights backed by consideration are 'property' under IBC, even if the corporate debtor never held title. The ruling expands what insolvency professionals can take custody of.

6 min read

FAMILY & MATRIMONIAL  ·  COMMERCIAL

A company went insolvent. Its 'development rights' over land were treated as an asset — and the Supreme Court agreed.

The Resolution Professional wanted to include development rights in the information memorandum. The landowner and a licensee fought back. The Court ruled: those rights are 'property' under the IBC, and the RP must take custody.

6 min read

FAMILY & MATRIMONIAL  ·  FAMILY

A cryptic order cut a child's maintenance by 62%. The Supreme Court just stepped in.

The High Court slashed a 6-year-old's monthly support from ₹20,000 to ₹7,500, citing the father's 'financial distress'—without examining a single document. The Supreme Court says that's not good enough.

5 min read

FAMILY & MATRIMONIAL  ·  RESTITUTION DECREE

A decree to return. She never did. The Supreme Court still granted divorce.

A restitution decree that became final in 2015, with a finding of desertion without reasonable cause, binds the parties in a subsequent divorce petition — and the High Court cannot ignore it.

7 min read

FAMILY & MATRIMONIAL  ·  FAMILY

A divorce deed signed by panchayat. The Supreme Court just threw it out.

Husband claimed a 2014 customary divorce deed ended his marriage. He remarried in 2018. But the court said: you can't just assume a custom exists.

6 min read

FAMILY & MATRIMONIAL  ·  FAMILY

A divorce deed signed by village elders. The Supreme Court says: not so fast.

Husband claimed a customary divorce deed ended his marriage. Wife said it was fake. The High Court killed her case. The Supreme Court just revived it — with a warning.

6 min read

FAMILY & MATRIMONIAL  ·  FAMILY

A mother fought to keep a counsellor's report secret. The Supreme Court said: not in child custody cases.

In a bitter custody battle, a mediator's report on a child's home life was deemed confidential by one High Court bench. The Supreme Court reversed, ruling that when a child's welfare is at stake, such reports are admissible.

5 min read

FAMILY & MATRIMONIAL  ·  THREE

A mother held a family deed. The court said: who better?

Three brothers fought over a document. The judge ruled it was in proper custody because no one is more neutral than the woman who raised them all.

6 min read

FAMILY & MATRIMONIAL  ·  CUSTOMARY DIVORCE

A signed divorce deed. No proof of custom. The Supreme Court says it's invalid.

The Supreme Court reversed a High Court that quashed a domestic violence complaint based on a customary divorce deed without requiring any proof of the custom itself.

6 min read

FAMILY & MATRIMONIAL  ·  FAMILY

A single judge of the Supreme Court cannot grant divorce even if both parties agree

A couple settled their divorce through mediation and jointly asked the Supreme Court to dissolve their marriage. The single judge said he had the power under Article 142, but the rules limit what a single judge can decide — and divorce isn't on that list.

5 min read

FAMILY & MATRIMONIAL  ·  MAINTENANCE

Aditi's maintenance was slashed by a cryptic order. The Supreme Court's blunt fix changes everything.

A cryptic High Court order slashed a minor's maintenance without examining the father's finances, prompting the Supreme Court to set aside the order and mandate strict compliance with the Rajnesh disclosure affidavit rule.

5 min read

FAMILY & MATRIMONIAL  ·  IRRETRIEVABLE BREAKDOWN

An 89-year-old husband, an 82-year-old wife, and a divorce plea that failed.

The Supreme Court dismissed a 27-year divorce battle after finding the wife had not abandoned the marriage and still wished to care for her husband, refusing to invoke Article 142 to do what it called injustice.

6 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Army officer remarried during divorce case. SC upheld divorce but ordered Rs 50,000/month for son.

Wife fought divorce for 10 years. Husband remarried despite court order. Supreme Court used special powers to end marriage but made sure child's maintenance was secured.

6 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Baby girl lost her mother. Then the court had to decide: who gets her?

Her father was charged with dowry death. Her aunts took her in. The High Court ordered her returned — without asking what was best for her.

6 min read

FAMILY & MATRIMONIAL  ·  MUTUAL CRUELTY

Both spouses were cruel. The High Court still granted divorce.

When both spouses exchange abusive emails and live apart for years, a court can dissolve the marriage under Section 13(1)(i-a) without declaring either party the sole perpetrator of cruelty.

5 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Can a court grant child custody in a restitution of conjugal rights case?

The Supreme Court says no—and sets aside an ex-parte order that gave a father visitation rights without hearing the mother, who couldn't travel with their toddler.

5 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Can a single Supreme Court judge grant divorce? This case says maybe not.

A couple reached a settlement and asked the Supreme Court to dissolve their marriage. But the single judge hearing it stopped—because a bigger question looms: does one judge have that power?

5 min read

FAMILY & MATRIMONIAL  ·  VISITATION RIGHTS

Courtroom visitations seemed safe. The Supreme Court said they harm the child.

A father wanted to see his child on Sundays, but the court ordered visits inside its own premises until the Supreme Court stepped in with a simple, child-centric fix.

5 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Dad got daughter's maintenance slashed from ₹20,000 to ₹7,500. SC said: not so fast.

The High Court cut the amount in a one-line order, citing the father's 'financial distress'. The Supreme Court found that reasoning didn't hold up—and sent the case back.

6 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Dad's maintenance slashed from ₹20,000 to ₹7,500 — but the court gave no reason

A 6-year-old girl's monthly support was cut by over 60% in a one-line order. The Supreme Court just called it 'cryptic' and sent it back.

7 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Diamond factory owner hid income. Supreme Court still raised his maintenance.

The husband refused to show his tax returns. The High Court jacked up payments from Rs 6,000 to Rs 1 lakh. The Supreme Court said: that's too high, but you still owe the difference.

6 min read

FAMILY & MATRIMONIAL  ·  TWO

DNA test overrides legal presumption of paternity: Kerala HC

A husband's DNA test proved he wasn't the father of a child born during marriage. The court said the test was conclusive, but sent back the wife's maintenance claim.

7 min read

FAMILY & MATRIMONIAL  ·  SIX

DNA test says they're not the parents. Court takes their child anyway.

A couple fought for custody of a child they believed was theirs. A court-ordered DNA test excluded them as biological parents. The judge still had to decide what 'welfare' means.

3 min read

FAMILY & MATRIMONIAL  ·  CRIMINAL

Engaged man demanded sex, then dowry. Court says it's one crime spree.

A woman's fiancé raped her in Delhi, then demanded ₹25 lakh dowry. The Supreme Court ruled these acts are one continuous transaction, allowing joint trial.

6 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Father loses custody fight after US court order is rejected in India

Supreme Court says habeas corpus isn't for taking kids from their mother, and a US custody order that violates Indian law means nothing here.

6 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Father took kids to India, defied US court. Then SC gave this shock.

He was the natural guardian. She was the mother who couldn't find her children. The Supreme Court had to decide: is a parent's custody always legal?

6 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Father took kids to India in defiance of US court. Mother filed habeas corpus. Supreme Court held —

In a case where a father removed his children from the US to India in violation of a shared parenting plan, the Supreme Court ruled that habeas corpus can lie even against a natural guardian if custody is unlawful and against the child's welfare.

8 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Grandparents lose custody because they're older and poorer. Supreme Court says: not so fast.

A five-year-old orphaned by Covid was taken from his paternal grandparents because the maternal aunt was younger, employed, and had a bigger family. The Supreme Court reversed, saying love can't be measured by income.

4 min read

FAMILY & MATRIMONIAL  ·  FIVE

He denied fathering a child. Then he refused a DNA test. The court's move?

The Supreme Court ruled that a man who refuses a DNA test cannot dispute paternity in a maintenance case. His own denial became his undoing.

6 min read

FAMILY & MATRIMONIAL  ·  MAINTENANCE RIGHTS

He divorced her by triple talaq. He still must pay under Section 125.

The Supreme Court reaffirms that a divorced Muslim woman can invoke Section 125 CrPC without first exhausting the 1986 Act, shutting down a persistent but failed defence.

6 min read

FAMILY & MATRIMONIAL  ·  CRIMINAL

He filed a complaint about a police custody death. The police charged him with murder.

Ram Prakash Chadha reported that his employee died in custody. Then the CBCID named him as a co-conspirator in the same killing. The Supreme Court just threw out the charge.

5 min read

FAMILY & MATRIMONIAL  ·  FAMILY

He got a court order for his wife to return. She never did. Then he filed for divorce.

The Supreme Court restored his divorce, ruling that her refusal to obey the restitution order proved desertion—even without fresh evidence of separation.

6 min read

FAMILY & MATRIMONIAL  ·  MAINTENANCE

He got no land, so he owed nothing. The High Court disagreed.

A son argued he owed his mother nothing because she gave him no land, but the Madhya Pradesh High Court held that the duty to maintain parents is absolute and independent of property distribution.

5 min read

FAMILY & MATRIMONIAL  ·  HABEAS CORPUS

He had a US custody order. The Supreme Court still rejected his habeas petition.

A father armed with a US custody order learned that Indian courts will not enforce foreign judgments that violate Indian law, especially when the petitioner lacks clean hands.

4 min read

FAMILY & MATRIMONIAL  ·  FAMILY

He handed her a 'divorce deed.' The Supreme Court said: that's not how it works.

A husband claimed a customary divorce deed ended his marriage. The High Court agreed and threw out his wife's domestic violence case. The Supreme Court just reversed that—and explained why a piece of paper isn't enough.

6 min read

FAMILY & MATRIMONIAL  ·  IRRETRIEVABLE BREAKDOWN

He lost at Family Court and High Court. The Supreme Court still granted divorce.

After twelve years of separation and two court defeats, the Supreme Court granted divorce by holding that a dead marriage itself is a form of cruelty under Section 13(1)(ia).

7 min read

FAMILY & MATRIMONIAL  ·  ALIMONY

He never appealed the alimony. The High Court cut it anyway. SC restored it.

A husband deserted his wife and son, yet the High Court reduced her alimony without his appeal—until the Supreme Court stepped in with a landmark correction on procedural fairness and financial security.

6 min read

FAMILY & MATRIMONIAL  ·  CRIMINAL

He reported a custodial death. The police charged him for it.

Ram Prakash Chadha filed a complaint after a cashier died in custody. The chargesheet named him as a co-conspirator with the cops who did the torturing.

9 min read

FAMILY & MATRIMONIAL  ·  FAMILY

He stopped paying maintenance. The Supreme Court didn't just order him to pay.

The husband claimed he had no money. The court looked at his bank statements, his father's property, and then wrote a rulebook that changes how every maintenance case in India works.

6 min read

FAMILY & MATRIMONIAL  ·  INTERIM MAINTENANCE

He's a cardiologist with two maids. The court still restored her maintenance.

When the Madras High Court slashed a cardiologist's maintenance by ignoring his rental income, inheritance, and joint venture, the Supreme Court restored the original order with a reminder: every income source counts, and the wife who quit her job is entitled to her former lifestyle.

5 min read

FAMILY & MATRIMONIAL  ·  FAMILY

High Court cut girl's maintenance from ₹20,000 to ₹7,500. Supreme Court says: not so fast.

The Supreme Court found the High Court's order cryptic and lacking reasons. Now the case goes back for a fresh hearing—and a reminder about mandatory asset disclosure.

4 min read

FAMILY & MATRIMONIAL  ·  FAMILY

High Court ignored husband's rental income, inheritance; Supreme Court restores Rs 1.75 lakh maintenance

A cardiologist's wife, who quit her job after marriage, was awarded Rs 1.75 lakh interim maintenance by the family court. The High Court cut it to Rs 80,000 by considering only his salary. The Supreme Court said: look at all income sources.

4 min read

FAMILY & MATRIMONIAL  ·  BUILDER LIABILITY

His High Court order didn't excuse 12 years of broken amenities.

The Telangana RERA bench ruled that a builder's obligation to deliver promised amenities under Section 14(3) is independent of High Court stays or unpaid maintenance dues, setting a precedent for allottees in incomplete projects.

7 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Husband fled to Australia. Father-in-law hid behind shops. Supreme Court ordered sale.

A wife was owed ₹1.25 crore in maintenance. Three auctions failed. The court invoked Article 142 to sell six shops and transfer a gym to her.

4 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Husband fled to Australia, skipped maintenance. SC says: sell father's ancestral shops.

Varun Gopal married, then vanished overseas. His wife got ₹1.27 lakh/month maintenance—but he never paid. After failed auctions and years of court orders, the Supreme Court used its special power to order sale of 6 shops his father held, because Varun had a share in them.

5 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Husband got divorce 3 times. Wife fought back. Then SC did this.

The Supreme Court upheld the divorce after 30+ years of separation, but slapped conditions so tough that non-compliance would undo the decree entirely.

4 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Husband paid maintenance for years, then tried to claw it all back

He skipped court, lost his appeal, then used a domestic violence law provision to ask for a refund. The Supreme Court said: not so fast.

5 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Husband who destroyed his marriage can't use 'irretrievable breakdown' to escape: SC

The Supreme Court upheld divorce but slammed the husband for deserting his wife and son since 1992. It enhanced alimony by Rs 10 lakh with 7% interest, gave the wife exclusive rights to the matrimonial home, and said the divorce will be void if he doesn't pay.

8 min read

FAMILY & MATRIMONIAL  ·  EIGHT

Husband's bank records leaked in court: who pays the price?

A wife submitted her husband's private bank statements in a maintenance case. The court ruled the bank must pay — not the wife — for violating his privacy.

5 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Husband's ITR said Rs 4.5 lakh. Court said real income Rs 24 lakh.

Supreme Court slams High Court for blindly believing tax returns in maintenance case, says spouses often hide income during conflict.

7 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Husband's ITR showed Rs 4.5 lakhs. Court said his real income is Rs 2 lakhs a month.

Supreme Court says income tax returns are not reliable in matrimonial cases—people often understate income. Family Court's holistic assessment restored.

3 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Husband's tax return said Rs 4.5L/year. Family Court said Rs 24L/year. High Court reversed. Supreme Court said:

The Supreme Court restored the Family Court's maintenance order, holding that income tax returns are not conclusive evidence of income, especially in matrimonial disputes where parties tend to understate income.

4 min read

FAMILY & MATRIMONIAL  ·  FOUR

In-laws tried to cremate her body before parents could see it. The law had something to say.

A woman died within 7 years of marriage. Her in-laws rushed to burn the body, but the Supreme Court said that very act triggered a legal presumption of dowry death.

6 min read

FAMILY & MATRIMONIAL  ·  COMMERCIAL

Insurer denied claim over roof repair. SC said: that's not a 'risk increase'.

A customs warehouse burned down. The insurer said the roof repair work caused it. But seven reports pointed to a short circuit — and the Supreme Court ruled the repair was just maintenance, not a policy violation.

5 min read

FAMILY & MATRIMONIAL  ·  MAINTENANCE

ITR showed Rs 4.5 lakhs. Family Court saw Rs 2 lakhs a month. High Court reversed.

The Allahabad High Court overturned a detailed family court order in one paragraph, but the Supreme Court restored it with a condition that changes how maintenance revisions are fought.

4 min read

FAMILY & MATRIMONIAL  ·  IRRETRIEVABLE BREAKDOWN

Marriage dead for 40 years. Both parties 80+. Court still said no to divorce.

The Supreme Court refused to dissolve a marriage dead for four decades, ruling that Article 142's power to do complete justice cannot override a spouse's lifelong commitment and personal sentiment against divorce.

4 min read

FAMILY & MATRIMONIAL  ·  FOREIGN DECREE

Marriage officer stalled a UK divorce holder. The High Court didn't.

A UK divorce decree was absolute, but a Kerala marriage officer refused to act until the High Court stepped in with a crisp order that closed the gap between two legal systems

5 min read

FAMILY & MATRIMONIAL  ·  CIVIL

Married daughter denied inheritance in Goa because of a rent law. Supreme Court says: wrong law.

A brother excluded his sister from the family's rented shop, citing a 1968 rent act that defined 'tenant' without married daughters. The court ruled that succession, not rent, governs who inherits.

7 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Mother kept child in India after surgery. Supreme Court: she can't be forced to go back.

The court said a parent's right to privacy under Article 21 means a judge cannot order them to relocate abroad—even in a custody case.

6 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Mother took kids to India during US custody case. Supreme Court says: not so fast.

The court ruled that children born and living abroad cannot be considered 'ordinarily resident' in India just because one parent brought them here mid-litigation. Their habitual residence matters more.

5 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Mother took son to India for surgery, then refused to return. SC says: she can't be forced to go back.

The Supreme Court ruled that a parent cannot be compelled to leave India with the child, even in a custody dispute, because that would violate their right to privacy under Article 21.

6 min read

FAMILY & MATRIMONIAL  ·  CHILD ABDUCTION

Natural guardian. Secret flight. Supreme Court still ordered return.

A father secretly flew his children from Ohio to India in defiance of court orders, then claimed his status as natural guardian made his custody immune to habeas corpus—the Supreme Court rejected that argument and laid down a welfare-centric test that could reshape every cross-border custody battle.

7 min read

FAMILY & MATRIMONIAL  ·  DNA TEST

No divorce, no custody fight. Yet she couldn't get a DNA test.

A writ court refused to order a DNA test for a woman and her children because the only person denying the relationship was a relative, not a spouse.

7 min read

FAMILY & MATRIMONIAL  ·  MAINTENANCE

One paragraph wiped out three women's maintenance — now fixed.

The Supreme Court restored maintenance for a wife and two daughters after a High Court reversed a reasoned Family Court order in a single paragraph, laying down key principles on income tax returns and revisional jurisdiction.

5 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Orphaned boy, 5, lost both parents to Covid. Court gave custody to aunt. Grandparents fought back.

The High Court said the aunt was younger, richer, and better educated. The Supreme Court said none of that matters when grandparents have already proven their love.

8 min read

FAMILY & MATRIMONIAL  ·  SPECIAL MARRIAGE ACT

Personal law called it irregular. The Special Marriage Act said yes anyway.

The Madhya Pradesh High Court ruled that the Special Marriage Act overrides personal law, ordering police protection for a Muslim-Hindu couple despite a father's appeal citing Mohammedan law.

5 min read

FAMILY & MATRIMONIAL  ·  MENTAL CRUELTY

Photocopies killed his divorce petition. The High Court revived it.

When a spouse refuses conjugal relations for decades and the respondent never contests, a court cannot dismiss the case for missing originals — the uncontroverted evidence must be evaluated on its own weight.

5 min read

FAMILY & MATRIMONIAL  ·  DNA · LEGITIMACY

Private DNA showed 0% paternity. The Supreme Court still said no.

A private DNA test showed zero paternity, but the Supreme Court held that only proof of non-access can rebut the conclusive presumption of legitimacy under Section 112 of the Evidence Act.

6 min read

FAMILY & MATRIMONIAL  ·  FAMILY

SC: Can't penalise a domestic violence victim for delays

Court strikes down Rs 10,000 per witness cost and interim maintenance bar imposed on a woman who sought to lead evidence in her DV case.

5 min read

FAMILY & MATRIMONIAL  ·  FAMILY

SC says video trial in divorce case despite its own ban

A wife wanted her husband's divorce case moved to Delhi. The court refused but ordered video hearings—even though a previous judgment said no video in matrimonial cases. The pandemic changed the rules.

5 min read

FAMILY & MATRIMONIAL  ·  GUARDIANSHIP

She changed her son's surname after remarriage. The Supreme Court said she could.

A mother who is the sole natural guardian after her husband's death has the unfettered right to decide her child's surname, and courts cannot dictate otherwise without a specific prayer and proof of harm.

6 min read

FAMILY & MATRIMONIAL  ·  FAMILY

She couldn't travel to court. The judge gave her husband custody anyway.

The Supreme Court set aside the order, ruling that child custody cannot be decided in a restitution of conjugal rights case.

4 min read

FAMILY & MATRIMONIAL  ·  VOID MARRIAGE

She found a photocopy. He claimed a customary divorce. The Supreme Court said the marriage never existed.

A woman discovered a photocopy of her husband's private divorce deed, and the Supreme Court ruled that a marriage with a living spouse is void from its inception, with no limitation period for a nullity petition.

6 min read

FAMILY & MATRIMONIAL  ·  MAINTENANCE

She had a job. The Family Court said no maintenance. The High Court disagreed.

A Family Court denied a wife maintenance solely because she worked, but the High Court set aside the order, reminding all courts that a salary is not a disqualification without a multi-factor analysis.

6 min read

FAMILY & MATRIMONIAL  ·  DOWRY PROHIBITION

She had AIDS and a divorce petition. The Supreme Court still restored her dowry case.

The Allahabad High Court quashed a dowry case because the wife had AIDS and a divorce was pending, but the Supreme Court held those grounds are extraneous and restored the prosecution.

4 min read

FAMILY & MATRIMONIAL  ·  FAMILY

She left after 13 days, visited once for a funeral. The court called it desertion.

The Supreme Court overturned two lower courts and granted divorce, ruling that a brief visit for a family death doesn't restart the clock on desertion.

4 min read

FAMILY & MATRIMONIAL  ·  FAMILY

She left after 2 weeks, returned for 1 day. Court says: desertion.

A wife walked out of her marriage in June 2009 and only came back once—for her mother-in-law's funeral. The Supreme Court granted divorce, ruling that a single condolence visit doesn't reset the desertion clock.

5 min read

FAMILY & MATRIMONIAL  ·  FAMILY

She left for her father's funeral. He called it cruelty. The court said—

The husband filed for divorce two years into the marriage, claiming the wife abandoned him. The Supreme Court found her reasons were anything but cruel.

6 min read

FAMILY & MATRIMONIAL  ·  DV ACT

She lost on domestic violence. She still won compensation. The High Court just reversed it.

A wife who failed to prove domestic violence still walked away with compensation until the Karnataka High Court ruled that Section 22 requires a causal link between the violence and the injury

5 min read

FAMILY & MATRIMONIAL  ·  FAMILY

She lost the 'come back' case. Then she lost the divorce case. Twice.

Husband got a court order in 2013 ordering wife to return. She didn't. He filed for divorce. The Supreme Court said: you can't fight desertion twice.

7 min read

FAMILY & MATRIMONIAL  ·  DIVORCE APPEAL

She never showed up. He still lost. The High Court reversed it.

A husband's divorce suit was dismissed after a one-day trial with weak evidence, but the Calcutta High Court set it aside for violating natural justice and failing to consider the wife's persistent absence as proof of desertion.

5 min read

FAMILY & MATRIMONIAL  ·  TWO

She read his emails without permission. The court said: fine, but only ₹1.

A daughter-in-law accessed her father-in-law's private emails to use in her divorce case. The Delhi High Court found her guilty of unauthorized access—but awarded only nominal compensation because the emails were 'relevant' to her case.

5 min read

FAMILY & MATRIMONIAL  ·  FAMILY

She said he earns Rs 2 lakh/month. His tax return said Rs 37,500. The court said: both are wrong.

Family Court awarded Rs 50,000/month maintenance based on hidden income. High Court slashed it in one paragraph. Supreme Court restores the order—with a catch.

5 min read

FAMILY & MATRIMONIAL  ·  DOMESTIC VIOLENCE

She withdrew her DV petition. The promise was broken. She filed again — and won.

When a woman withdrew her domestic violence petition on assurances of reconciliation that were later broken, the High Court held she could file a fresh one and that in-laws cannot escape the Act by citing her departure from the shared household.

6 min read

FAMILY & MATRIMONIAL  ·  MAINTENANCE

She won maintenance from in-laws. The High Court said: not under this law.

A widow wins maintenance from her deceased husband's parents in Family Court, but the Karnataka High Court sets it aside because Section 125 CrPC's closed list of claimants does not include a daughter-in-law

5 min read

FAMILY & MATRIMONIAL  ·  NATURAL JUSTICE

She won maintenance. The High Court cut it without hearing her. The Supreme Court restored it.

The Allahabad High Court reduced a woman's maintenance without hearing her, then dismissed her own revision without notifying the husband, forcing the Supreme Court to restore the original order and rebuke the State for taking sides.

6 min read

FAMILY & MATRIMONIAL  ·  DV ACT

She won the DV trial. Then the court ordered her to disclose assets again.

A wife who won a final domestic violence judgment was ordered to file a fresh asset disclosure in appeal, until the Bombay High Court ruled that the Rajnesh mandate is confined to interim maintenance only.

6 min read

FAMILY & MATRIMONIAL  ·  HABEAS CORPUS

She's the natural guardian. The court still ordered the child back.

A Division Bench of the Rajasthan High Court held that habeas corpus lies against a natural guardian when removal was illegal, and that a child's ordinary residence is a question of intention, not geography.

6 min read

FAMILY & MATRIMONIAL  ·  CUSTOMARY DIVORCE

Signed a customary divorce deed. The Supreme Court says it's not enough.

The Supreme Court resets a Himachal case, ruling that a customary divorce deed must be pleaded and proved with evidence before a DV complaint can be quashed at the threshold.

5 min read

FAMILY & MATRIMONIAL  ·  INHERITANCE

Son died before inheriting. The divorced daughter who cared got the land.

The Supreme Court ruled that under Mizo Customary Law, a divorced daughter who returned home to care for her aged mother inherits over the dead son's family, upending the rule of male primogeniture.

5 min read

FAMILY & MATRIMONIAL  ·  FASID MARRIAGE

Special Marriage Act registration doesn't fix a fasid union.

An inter-faith couple sought police protection to marry under the Special Marriage Act, but the High Court held that a fasid marriage under Muslim personal law cannot be cured by civil registration

7 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Supreme Court can grant divorce even if one spouse says no

A Constitution Bench ruled that Article 142 allows the top court to dissolve a marriage on grounds of irretrievable breakdown, bypassing the usual 6-month waiting period.

8 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Supreme Court cuts diamond-factory owner's maintenance from Rs 1 lakh to Rs 50,000

But the Court also declared that maintenance arrears have priority over secured creditors—even banks—under Article 21.

4 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Supreme Court orders sale of ancestral shops to pay wife's maintenance

After five years of defiance, failed auctions, and jail time for in-laws, the Court invokes Article 142 to transfer property to the wife.

5 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Supreme Court says it can end a marriage even if one spouse says no

A Constitution Bench gave itself the power to grant divorce on 'irretrievable breakdown' and skip the six-month wait for mutual consent. But there's a catch.

6 min read

FAMILY & MATRIMONIAL  ·  CONSTITUTIONAL

Supreme Court says no to same-sex marriage, leaves it to Parliament

Five-judge bench unanimously refuses to read queer couples into the Special Marriage Act, but CJI Chandrachud recognizes a right to enter unions and strikes down a discriminatory adoption rule.

7 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Supreme Court single judge: Can I grant a divorce?

A couple settled their divorce case and asked a single Supreme Court judge to dissolve their marriage. The judge stopped and said: I need to ask a larger bench if I have that power.

6 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Supreme Court Single Judge Can't Grant Divorce? Larger Bench to Decide

A couple settled their divorce case, but a single judge of the Supreme Court referred the matter to the Chief Justice, questioning if one judge can grant divorce under Article 142.

5 min read

FAMILY & MATRIMONIAL  ·  VISITATION RIGHTS

The 3-factor test Delhi HC uses to override a child's stated preference.

A Division Bench of the Delhi High Court ruled that a child's reluctance, however sincerely expressed, cannot be the sole basis to deny supervised visitation when alienation is suspected

6 min read

FAMILY & MATRIMONIAL  ·  MAINTENANCE GUIDELINES

The adjustment principle every family court must apply in maintenance cases.

The Supreme Court affirmed a husband's duty to pay maintenance despite his claim of unemployment, then issued binding guidelines to end the chaos of overlapping maintenance statutes across India.

6 min read

FAMILY & MATRIMONIAL  ·  COOLING PERIOD

The Amardeep Singh test every family court must apply for waiver.

The Allahabad High Court set aside a family court's one-line rejection of a waiver application, reminding all courts that the six-month cooling period under Section 13B(2) is directory and must be examined against the four conditions from Amardeep Singh.

5 min read

FAMILY & MATRIMONIAL  ·  CHILD MARRIAGE

The pari materia test that lets courts void child marriages the HMA couldn't touch.

When the Hindu Marriage Act offers no escape from a child marriage, the Prohibition of Child Marriage Act read with the pari materia doctrine may be the key to freedom

5 min read

FAMILY & MATRIMONIAL  ·  BIGAMY

They sought police protection. The court gave them a fine instead.

The Allahabad High Court dismissed a protection writ and imposed costs after discovering both petitioners were already married, revealing that Article 226 cannot shield a bigamous relationship.

6 min read

FAMILY & MATRIMONIAL  ·  VISITATION RIGHTS

This father lost his Sunday to a court corridor. The Supreme Court gave it back at a mall.

A father's Sunday visitation was confined to a court corridor until the Supreme Court ruled that the environment of a visit is as crucial as the visit itself for a child's welfare.

5 min read

FAMILY & MATRIMONIAL  ·  VISITATION RIGHTS

This father's Sunday visits were in a courthouse. The Supreme Court sent him to a mall.

A father's court-ordered Sunday visits inside a Kerala courthouse were overturned by the Supreme Court, which ruled that a neutral venue like a shopping mall serves the child's welfare better than a place of litigation.

4 min read

FAMILY & MATRIMONIAL  ·  CRUELTY & DESERTION

This husband died mid-appeal. His wife became a widow anyway.

A husband who never asked his pregnant wife to return or visited his child cannot prove desertion or cruelty, and his death during the appeal only secures her widow status.

5 min read

FAMILY & MATRIMONIAL  ·  RESTITUTION DECREE

This husband paid Rs. 30 lakhs for a divorce — and won it on a decade-old order.

A confirmed restitution decree with a finding of desertion, followed by years of non-compliance, can alone prove desertion under Section 13(1)(ib) — even when the one-year route under Section 13(1A)(ii) is unavailable.

5 min read

FAMILY & MATRIMONIAL  ·  EVICTION CLASH

This mother-in-law got an eviction order. The Bombay HC said no.

A daughter-in-law lived in her matrimonial home for 27 years until an eviction order under the Senior Citizens Act threatened to uproot her, forcing the Bombay High Court to decide which statute prevails when family law collides with elder protection.

6 min read

FAMILY & MATRIMONIAL  ·  HABEAS CORPUS

This widow lecturer lost her husband, then her son—until the High Court stepped in.

A widow's in-laws refused to return her toddler after she took a teaching job, forcing the Rajasthan High Court to apply Section 6 of the Hindu Minority and Guardianship Act and order immediate custody based on welfare.

4 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Triple talaq husband loses bid to stop ex-wife's maintenance under secular law

Supreme Court says Muslim Women Act doesn't kill Section 125 CrPC remedy. A divorced wife can still claim maintenance under the secular code.

8 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Triple talaq husband told: Muslim woman can claim maintenance under secular law too

Supreme Court holds that a divorced Muslim woman can seek maintenance under Section 125 CrPC even after the 1986 Act, rejecting the husband's argument that the Act bars it.

6 min read

FAMILY & MATRIMONIAL  ·  CHILD WELFARE

Two doctors, one toddler, and a 300-km Sunday: The case that rewrote visitation rules.

A two-year-old was ordered to travel 300 kilometres every Sunday for a two-hour visit until the Supreme Court ruled that a child's welfare must trump parental convenience

5 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Wife filed for divorce in Arizona. Neither had ever lived there.

The husband sought an Indian court order to stop her. Both lower courts said no—because Arizona isn't 'subordinate' to India. The Supreme Court disagreed.

7 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Wife left for her parents' home during pregnancy. Husband called it cruelty. The Supreme Court disagreed.

The husband filed for divorce claiming cruelty because his wife stayed at her parents' home after a complicated pregnancy and her father's death. The court said that's not cruelty—and his appeal was too late anyway.

6 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Wife refused to move after 21 years. Court says: not cruelty.

Husband sought divorce after wife stayed behind with kids when he was transferred. At 89 and 82, the Supreme Court refused to end the marriage, even under its special powers.

5 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Wife refused to move for husband's job. Court: Not cruelty.

After 21 years of marriage, she stayed back with their kids. The Supreme Court says that's not desertion—and won't grant divorce even after decades of separation.

6 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Wife's maintenance cut without her being heard: SC slams High Court

The Supreme Court restored Rs 12,000/month maintenance after the Allahabad High Court reduced it by Rs 2,000 without hearing the wife, and also dismissed her own revision without notifying the husband.

4 min read

FAMILY & MATRIMONIAL  ·  FAMILY

Wife's maintenance cut without her being heard — Supreme Court steps in

High Court reduced Rs 12,000 to Rs 10,000 without notice to the wife. Then dismissed her own revision based on State lawyer's opposition.

5 min read

FAMILY & MATRIMONIAL  ·  CRIMINAL

Woman's second marriage was not bigamy, Supreme Court rules

A woman married at 17, then again after a panchayat divorce. Her brother-in-law cried foul. The court found the allegations had no legs to stand on.

8 min read

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