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.
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.
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.
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.
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.
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 […]
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.
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.
