Bombay High Court holds that dismissal of maintenance petition for non-service of summons cannot override prima facie evidence of marriage, especially when petitioner seeks restoration same day.
Bombay High Court clarifies that habeas corpus cannot be used to override civil custody orders; welfare of child demands detailed inquiry under Guardians and Wards Act.
Rajasthan High Court grants rural petitioner one final opportunity to file reply in divorce case, upholding natural justice despite procedural delays.
Supreme Court holds that conduct of parents, foreign custody orders, and children's preferences are relevant factors in custody disputes under the Guardians and Wards Act, 1890.
Bombay High Court holds that a wife may pursue maintenance under both Section 125 CrPC and the DV Act simultaneously, provided prior proceedings are disclosed.
Chhattisgarh High Court holds that filing false 498A IPC complaint leading to acquittal constitutes mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
Rajasthan High Court clarifies that courts may allow belated document production under Order VII Rule 14 CPC if it aids fair adjudication, provided no prejudice is caused to the opposite party.
Karnataka High Court holds that gifts by senior citizens with implied maintenance conditions are void if unfulfilled, reinforcing the Maintenance and Welfare of Parents Act, 2007.
Chhattisgarh High Court holds that maintenance under Section 125 CrPC requires proof of reasonable cause for separation; vague allegations insufficient to sustain claim.
Kerala High Court holds that desertion under Hindu Marriage Act is proven even without precise commencement date if consistent incidents and conduct establish abandonment.
Madhya Pradesh High Court stays ex parte divorce decree obtained by evading service, holding that remarriage pending appeal violates natural justice and equity.
Chhattisgarh High Court clarifies that maintenance under Section 125 CrPC may not be reduced solely on grounds of adultery or voluntary desertion without considering financial capacity and needs.
Chhattisgarh High Court holds that maintenance enhancement under Section 127 CrPC requires concrete evidence of changed circumstances, not mere presumptions about cost of living or earning capacity.
Rajasthan High Court holds that matrimonial proceedings under Section 9 HMA must be transferred to wife's residence to prevent undue hardship, reinforcing judicial precedent on gender-sensitive adjudication.
Kerala High Court holds that child custody decisions must prioritize the child's welfare over prior arrangements, even when parents have changed circumstances.