The Allahabad High Court held that strict proof of marriage should not defeat a maintenance claim where parties lived as husband and wife, setting aside a family court order that denied maintenance solely for want of legal marriage.
The Allahabad High Court temporarily transferred custody of a five-year-old girl to her father, observing that she appeared “heavily tutored” and was being used as a “pawn” in her parents’ matrimonial dispute. The interim order was passed in a habeas corpus petition.
The Madhya Pradesh High Court ruled that a notarized divorce agreement alone cannot legally dissolve a marriage. Dismissing a pension claim by a deceased government employee’s alleged second husband, the Court held that only a court-issued divorce decree can legally end a marriage.
The Delhi High Court dismissed a husband’s appeal against his contempt conviction, holding that ongoing settlement negotiations cannot excuse non-compliance with binding court orders. The Court upheld directions concerning his passport and reaffirmed the obligation to fulfil maintenance-related financial responsibilities pending resolution of disputes.
The Delhi High Court upheld a Family Court order directing a DNA test, ruling that a child’s right to know biological parentage outweighs an adult’s concern over reputation. The Court observed that truth cannot be suppressed merely because it causes personal discomfort.
The Gujarat High Court held that a registered marriage certificate alone cannot validate a Hindu marriage if essential ceremonies under the Hindu Marriage Act, 1955 were not performed. The Court said registration only proves an already solemnised marriage and cannot create a valid marital bond.
The Allahabad High Court upheld a maintenance order directing a husband to pay his wife, ruling that a PM Awas Yojana house cannot replace maintenance rights. The Court said an able-bodied husband cannot avoid responsibility by claiming unemployment or low income under law.
The Karnataka High Court ruled that maintenance cannot be granted to wives automatically without examining financial circumstances. Justice Chillakur Sumalatha said courts must consider income, independence and responsibilities of both spouses before passing orders, setting aside a direction requiring a husband to pay Rs 20,000 monthly.
The Jharkhand High Court upheld a divorce decree after observing that a 36-year separation had turned the marriage into a “dead wood marriage.” While ending the decades-long relationship, the Court increased permanent alimony for the wife from Rs 10 lakh to Rs 40 lakh.
The Pune family court granted interim custody of a minor child to his Singapore-based father, observing that the child’s welfare would be better served in his care. The court noted alleged non-compliance with orders and stressed that custody must focus on the child’s best interests.
