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 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.
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.
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.
