Madhya Pradesh High Court
LEGAL SUBJECT
Family Law
Judgment analyses where this is the main or secondary subject.Latest analyses
30 ARTICLES
Allahabad High Court
Wife’s convenience alone cannot justify transfer without demonstrated substantial hardship under Section 24 CPC.
The applicant, Nidhi, sought transfer of Case No. 431 of 2024, Mohit Kumar v. Nidhi, instituted under Section 13 of the Hindu Marriage Act, 1955, and pending before the Principal Judge, Family Court, Shamli, to a cour...3 MIN READ↗
Madras High Court
Maintenance proceedings may be transferred to the forum of connected matrimonial proceedings considering the petitioner’s serious illness.
The petitioner-husband and the first respondent-wife were married on 26 January 2011 according to Hindu rites and customs, and they have two minor children.3 MIN READ↗
Odisha High Court
Transfer denied; husband may appear virtually except when physical presence is required for effective hearings.
The Petitioner-Husband sought transfer under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), read with Section 407 of the Code of Criminal Procedure, of Crl. Misc. Case No. 133 of 2025, pending b...3 MIN READ↗
Odisha High Court
Criminal proceedings transferred to protect a deserted wife facing threat and substantial travel hardship.
The petitioner-wife sought transfer under Section 407 of the Code of Criminal Procedure, 1973, of 1.C.C. Case No. 14 of 2006, pending before the S.D.J.M., Nayagarh, to the S.D.J.M., Bhubaneswar.3 MIN READ↗
Delhi High Court
Section 19 appeals lie only against orders imposing punishment for contempt.
The appellant challenged, under Section 19(1)(a) of the Contempt of Courts Act, 1971, the order dated 27 July 2026 passed by the learned Single Judge in Cont. Cas. (C) 1295/2026, concerning alleged non-compliance with...2 MIN READ↗
Madras High Court
Section 11 nullity requires proof of the alleged prior valid marriage.
The appellant-husband filed H.M.O.P. No. 3053 of 2014 under Section 11 of the Hindu Marriage Act, 1955, seeking a declaration that his marriage with the respondent, solemnised on 14 June 2010, was null and void.3 MIN READ↗
Bombay High Court
Child custody cannot be decided on “pious wife” stereotypes or foreign court orders alone, rules Bombay High Court
The parties married on 18 March 2012 and had a son, Anuraag, born on 16 March 2016. The child lived and studied in Pune until the parties moved to Singapore in July 2022, where he attended Wise Oaks International Scho...4 MIN READ↗
Madhya Pradesh High Court
Clerical errors in summons do not constitute good cause to set aside an ex parte maintenance order after personal service.
The respondent-wife, along with her son, instituted proceedings under Section 125 Cr.P.C. seeking maintenance. The Family Court allowed the application ex parte on 6 September 2022 and directed the petitioner-husband...3 MIN READ↗
Madras High Court
Vague, unsubstantiated allegations of cruelty cannot establish entitlement to divorce.
The appellant-wife challenged the dismissal of her petition in H.M.O.P. No. 622 of 2007, by which she had sought dissolution of marriage on the ground of cruelty.3 MIN READ↗
Meghalaya High Court
Maintenance authorities must reconsider the quantum after accounting for the employee’s custody of his elder daughter.
The petitioner, a Rifleman/GD serving in the 41st Assam Rifles, challenged the order dated 30.12.2025 directing deduction of maintenance allowance at 33% of his pay in favour of respondent No. 5, his wife, and their c...2 MIN READ↗
Jharkhand High Court
A spouse cannot be compelled to resume cohabitation where cruelty and dowry demands justify separate residence.
The parties, both Christians, married on 28 December 2018 according to Christian rites and customs.3 MIN READ↗
Chhattisgarh High Court
Permanent alimony cannot be adjudicated for the first time on appeal without pleadings and evidence before the trial court.
The parties married on 17 February 2016 according to Hindu rites and customs and had a daughter. They cohabited for approximately six to seven days before the husband left for government service and the wife continued...4 MIN READ↗
Chhattisgarh High Court
Cruelty and desertion require cogent proof; mere discord, complaints, or separate residence are insufficient.
The parties married on 10 December 2011 according to Sikh/Hindu rites, and a son was born on 6 August 2013.3 MIN READ↗
Chhattisgarh High Court
Uncorroborated allegations and separate residence, without more, do not establish matrimonial cruelty.
The parties, belonging to the Christian community, initially married under the Special Marriage Act, 1954, at Durg on 25 July 2016 and subsequently underwent a customary Christian marriage on 24 February 2017. The hus...3 MIN READ↗
Chhattisgarh High Court
The six-month cooling period for mutual-consent divorce may be waived after prolonged separation.
The petitioner and respondent were married in 2019 and had been living separately since July 2020 due to matrimonial differences.3 MIN READ↗
Kerala High Court
Credible testimony and circumstantial inferences can establish gold-ornament entrustment on a preponderance of probabilities.
The respondent-wife married the first appellant-husband on 23 October 2010 according to Christian rites.3 MIN READ↗
Supreme Court
New safeguards for POCSO cases amid matrimonial disputes: expert child-psychology evaluation required before arrest or summoning in appropriate cases
‘R’ and ‘E’, both previously married, married in 2011 and had a daughter, ‘M’, in 2015. Following marital discord, ‘E’ left the matrimonial home with the child on 02.04.2018. ‘R’ instituted guardianship proceedings un...5 MIN READ↗
Gujarat High Court
An undisputed customary divorce entitles a divorced daughter to family pension under Rule 75.
The respondent’s father, Purshottam Sagram, was a Railway employee who retired on 30 September 1991 and died on 17 February 2001.3 MIN READ↗
Himachal Pradesh High Court
A maintenance respondent cannot exclude the intervening period by relying on delayed recall of a valid ex parte order.
The respondents, the petitioner’s wife and minor daughter, instituted proceedings under Section 125 CrPC in November 2021, mentioning the petitioner’s permanent address as Village/Post Office Tikkar, Tehsil Palampur,...3 MIN READ↗
Chhattisgarh High Court
Minor custody should be restored to the mother when the child’s welfare and safety favour reunification.
The petitioner, Smt. Sukrita Sahu, filed a habeas corpus petition seeking production of her minor daughter, who was named in FIR No. 0714/2026 registered at Police Station Kota, Bilaspur, and seeking disclosure of the...2 MIN READ↗
Gujarat High Court
Family suit transferred to wife’s residence where her hardship substantially exceeds the husband’s inconvenience.
The applicant-wife, residing at Anand, sought transfer under Section 24 of the Code of Civil Procedure, 1908 (CPC), of Family Suit No. 43 of 2025 instituted by the opponent-husband before the Family Court, Dahod, to t...3 MIN READ↗
Gujarat High Court
Maintenance enhancement requires perversity, illegality, or material error in the lower court’s assessment.
The applicant-wife and respondent-husband were married on 1 February 2020 under Hindu rites at Junagadh.2 MIN READ↗
Gujarat High Court
Interim maintenance accrued under a subsisting order remains payable despite subsequent rejection of final maintenance.
The respondent-wife filed an application under Section 125 of the Code of Criminal Procedure, 1973, seeking maintenance of ₹15,000 per month from the applicant-husband; the parties had married on 26 January 2004 and h...3 MIN READ↗
Supreme Court
Father facing POCSO prosecution cannot get custody; Supreme Court allows mother to relocate children to the UK for their welfare
The parties married on 26 September 2011 and had two children: a son born in 2013 and a daughter born in 2019. The mother left the matrimonial home in 2018 while pregnant and thereafter remained the primary caregiver...4 MIN READ↗
Odisha High Court
Domestic violence proceedings need not be transferred when respondents can seek virtual appearance.
The petitioners filed a transfer petition under Section 407 of the Code of Criminal Procedure, corresponding to Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking transfer of CMC No.1409 of 2024 from...3 MIN READ↗
Chhattisgarh High Court
Unchallenged WhatsApp messages received under Section 14 may establish mental cruelty warranting divorce.
Archana Singh and Anand Kumar Gupta were married according to Hindu rites on 5 December 2021. The wife alleged that, shortly after marriage, the husband abused and assaulted her, threatened to kill her, demanded an ai...4 MIN READ↗
Tripura High Court
Maintenance enhanced to Rs. 20,000 monthly, prospectively from 1 November 2026.
The petitioner-wife, claiming to be the legally married wife of the respondent, alleged continuous physical and mental cruelty and stated that she had been living separately since 23 July 2021.2 MIN READ↗
Delhi High Court
Article 227 jurisdiction will not disturb reasoned condonation of delayed written statements absent perversity.
The Petitioner challenged, under Article 227 of the Constitution, the order dated 25.08.2023 passed by the Family Court-01, Shahdara, Delhi, in ML No. 57/2019.3 MIN READ↗
Bombay High Court
Parsi divorce suit dismissed after jury finds Mumbai ceremony was only a blessing, not a marriage
The Plaintiff-Wife instituted Parsi Suit No. 2 of 2018 seeking dissolution of her alleged Parsi marriage, permanent alimony of ₹5 crores, interim maintenance, and costs.4 MIN READ↗No articles match these filters.