One-Year Separation Is Mandatory for Mutual Consent Divorce: Patna High Court

The Patna High Court has reiterated that the mandatory one-year separation under Section 13(B) must be genuinely observed for granting mutual consent divorce. It upheld rejection of the couple’s plea after the husband admitted conjugal relations during separation.

LLB Degree Cannot Be a Reason to Deny Maintenance To Divorced Wife: Gujarat High Court

The Gujarat High Court held that an LLB qualification cannot be used to deny a divorced woman her right to maintenance under Section 125 of the CrPC. The Court stressed that education alone cannot negate financial dependence entirely.

Spouse Alleging Mental Cruelty Not Required to Explain Other’s Conduct: Bombay High Court

The Bombay High Court ruled that a spouse alleging mental cruelty need not justify or explain the reasons behind such conduct. It held that requiring justification contradicts settled legal principles under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

Procedural Irregularities Cannot Defeat Mutual Divorce Under Muslim Law: Gujarat High Court Slams Hyper-Technical Family Court View

The Gujarat High Court held procedural defects cannot defeat Mubarat divorce where mutual consent exists, recognizing dissolution without written agreement, criticizing a Family Court’s hyper-technical approach, and affirming Muslim personal law principles prioritizing substantive justice over procedural requirements.

Husband Cannot Use Voluntary Early Retirement to Escape Maintenance: Delhi High Court Slams Strategy Used by Well-Qualified Men

The Delhi High Court held that a husband cannot rely on voluntary early retirement to avoid paying maintenance to his estranged wife and their children. The court said financial responsibility continues despite retirement and must be fulfilled fully.

“Merely Relying on the WhatsApp Chat, Divorce Cannot Be Granted”: Bombay High Court

The Bombay High Court ruled that WhatsApp chats alone cannot justify granting divorce without giving the other spouse a chance to respond. The Bench of Bharati Dangre and Manjusha Deshpande set aside an ex parte divorce order passed by a Nashik family court.

Wife’s Mere Income Not Enough to Deny Maintenance If Standard of Living Affected: Allahabad High Court

The Allahabad High Court ruled that a wife’s job or income alone cannot justify denying her maintenance. What truly matters, the Court stressed, is whether her earnings can maintain the standard of living she had in her matrimonial home. The Allahabad High Court determined that a wife’s employment or income alone cannot be grounds for […]

A Highly Qualified Wife, If Not Working, Cannot Be Denied Maintenance: Kerala High Court

Kerala High Court ruled that an unemployed, highly qualified wife cannot be denied maintenance merely for her earning potential. Section 125 CrPC ensures actual inability to sustain, granting maintenance until she earns enough to support herself, said the court.

Man’s Legal and Moral Duty Under Section 125 CrPC to Maintain Wife and Mother for Life: Madras High Court

The Madras High Court ruled that under Section 125 CrPC, a man has both a legal and moral duty to maintain his wife and mother for life, recognising their irreplaceable role and invaluable lifelong contribution.