Welfare Of Child Is Paramount, Not Parents’ Rights: Bombay HC Won’t Uproot Girl Raised By Neighbours Since Infancy

The Bombay High Court declined to hand interim custody of a girl to her biological parents from a neighbour couple who had raised her since infancy, holding that the welfare of the child, not the rights of the rival claimants, is paramount, and that uprooting a settled ten-year-old from the only home she has known […]

“Pious Duties Of A Wife”: Bombay HC Slams Family Court’s Regressive, Stereotyped Reasoning, Restores Child’s Custody To Mother

The Bombay High Court set aside a Family Court order that had handed a child’s custody to the father after sermonising on the “pious duties of a wife,” holding the reasoning “regressive,” rooted in “stereotypical and erroneous notions” of marriage, and irrelevant to the only question that mattered: the welfare of the child. Mumbai: The […]

Husband Hiding First Marriage Can’t Deny Maintenance To Duped Wife Under Section 125 CrPC: Allahabad High Court

The Allahabad High Court held that a husband who conceals his subsisting first marriage cannot evade maintenance by questioning the validity of the second marriage, ruling that Section 125 CrPC does not permit a person to benefit from his own fraud.

Muslim Man’s Second Marriage Under Special Marriage Act Void if First Marriage Subsists: Karnataka High Court

The Karnataka High Court held that a Muslim man’s second marriage under the Special Marriage Act, 1954 is void if his first marriage still subsists. It ruled that opting for the secular law overrides the polygamy permitted under Muslim personal law.

Child Was ‘Heavily Tutored’ and Used as a ‘Pawn’: Allahabad High Court Transfers Five-Year-Old Girl’s Custody to Father

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.

Persistent Pressure on Wife to Bring Ancestral Property Amounts To Dowry Demand: Calcutta HC Upholds Husband’s Conviction

The Calcutta High Court held that a husband’s pressure on his wife to bring her share of ancestral property may amount to a dowry demand under Section 304B IPC. The Court upheld his conviction, reduced the sentence to ten years, and acquitted the parents-in-law.

Sunjay Kapur Family Trust Dispute May End Through Mediation by August: Delhi High Court

The Delhi High Court was informed that mediation in the Sunjay Kapur family trust dispute could conclude by August, raising hopes of an amicable settlement. The matter involved an application by Karisma Kapoor’s children seeking additional time to file their written statement during ongoing mediation.

Settlement Negotiations Cannot Excuse Non-Compliance With Court Orders: Delhi High Court Dismisses Husband’s Appeal

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.

Privacy Can’t Shield Adultery: Article 21 Right to Privacy Not Available to an Accused Spouse, Says Supreme Court

The Supreme Court ruled that the right to privacy under Article 21 cannot shield a spouse accused of adultery from disclosing mobile call records or hotel stay details. The Court said such evidence may be accessed to prove allegations of adultery in matrimonial disputes.