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.

Section 2(2) Serves a Protective Function, Not Exclusionary; It Cannot Deny Hinduised Tribal Person Benefits of the Act: Chhattisgarh High Court Allows ST Man’s Mutual Divorce Plea

The Chhattisgarh High Court set aside a Family Court order rejecting a mutual-consent divorce petition because the husband belonged to a Scheduled Tribe, ruling that Hindu Marriage Act, 1955 protections cannot bar couples married under Hindu customs.

Registration of Marriage Does Not Remove Exceptional Hardship Where It Was Never Consummated: Delhi HC

The Delhi High Court set aside a Family Court order denying waiver of the mandatory one-year waiting period for mutual consent divorce. A bench of Justices Vivek Chaudhary and Renu Bhatnagar held that forcing a non-consummated marriage causes hardship.

‘No Direct Instigation Found’: Bombay HC Grants Pre-Arrest Bail To Woman, Partner In Estranged Husband’s Suicide Case

The Bombay High Court granted pre-arrest bail to a woman and her alleged lover, accused of abetting her estranged husband’s suicide. The court found no evidence of direct instigation or compelling behavior from the couple, emphasizing that the law requires clear acts of inducement for abetment claims.