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INTRODUCTION The Allahabad High Court recently ruled that a daughter-in-law has no legal obligation to maintain her parents-in-law under maintenance laws. FACTS AND BACKGROUND   An elderly couple (parents of a deceased son, a policeman who died in 2021) filed a petition seeking maintenance from their widowed daughter-in-law. They emphasized a moral obligation on her part. The family court rejected their claim, and the High Court dismissed their criminal revision petition against that order.   OBSERVATIONS OF THE COURT   The right to claim maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita - BNSS (erstwhile Sec 125 CrPC) is a statutory right limited strictly to the categories of persons explicitly mentioned in the provision. Eligible claimants includes: wife, children, and parents (of the person from whom maintenance is sought). Parents-in-law do not fall within this list. The legislature did not intend to impose liability for maintenance on a daughter...

INTRODUCTION In a recent judgment, a division bench of Chhattisgarh High Court quashed an FIR and all related criminal proceedings against the husband in a matrimonial dispute. The court explicitly observed: “Considering that the dispute is purely personal in nature and does not affect public peace or societal interest, and in light of the principles laid down by the Hon’ble Supreme Court with regard to quashing of criminal proceedings arising out of matrimonial disputes on the basis of compromise, further considering that the possibility of conviction is very remote and bleak, this Court is of the view that continuation of the proceedings would be an exercise in futility and would amount to abuse of the process of law.” Background and Facts of the Case The couple got married on 28 December 2021 and lived in Mumbai. The wife (complainant) alleged that her husband indulged in regular mental and physical torture, harassment, and cruelty. Specific allegations included:  Habitual drink...

INTRODUCTION The Madras High Court, in a judgment dated June 4, 2025, ruled that unsubstantiated allegations of sexual harassment leveled by a wife against her husband and father-in-law constitute mental cruelty, providing sufficient grounds for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.  Facts and Background   The couple married in September 2015 and had a son in July 2016. Marital disputes arose soon after, leading the husband to file for divorce in October 2017, alleging that the wife had lived with him for only about 51 days over the first two years of marriage, frequently returned to her parental home, was quarrelsome, verbally abusive, belittled his rural background, and imposed unreasonable demands such as requiring him to return home by 5 p.m. despite his job at an engineering college. He also claimed she threatened suicide and false dowry allegations,and forced him to resign from his job to join an IT company. The wife countered by filing for re...

Facts and Background The case involved a minor child aged about 2 years at the time of application whose mother applied for her passport on January 17, 2025. Despite completing all required formalities, the passport authorities kept the application pending indefinitely. The reason cited was the ongoing matrimonial dispute and criminal cases between the child's parents (the natural guardians). The authorities essentially treated these parental conflicts as a ground to withhold progress on the minor's passport application. The mother approached the Allahabad High Court via a writ petition, seeking directions for expeditious processing and issuance. Observations of the Court   Section 6 is Exhaustive and Mandatory   Section 6 of the Passports Act, 1967, provides the complete and exclusive list of grounds on which a passport authority may refuse to issue a passport or travel document.      - These grounds include matters like:       ...

INTRODUCTION  Division Bench of Chhattisgarh High Court recently upheld a family court's 2019 decree granting divorce to a husband on grounds of mental cruelty and desertion by his wife. Facts and Background    The couple married on June 28, 2009.  A son was born on June 5, 2010. Soon after marriage, the wife allegedly began provoking the husband against his parents and repeatedly insisted on living separately from them (i.e., abandoning the joint family setup). She sent messages pressuring the husband such as one stating: "Leave your parents and stay with me". When he refused (prioritizing his duty towards his parents), she insulted him by calling him a "paaltu chuha" (pet rat), implying he was subservient to his parents. Additional allegations included her attempting self-harm during pregnancy, assaulting him in front of his mother, disrespecting elders, creating quarrels, and refusing to adjust in the joint family. The wife largely stayed at her parental home...

FACTS AND BACKGROUND  This case refers to a recent and widely reported matrimonial dispute in Bhopal, Madhya Pradesh, India  A temple priest (husband) supported his wife's ambition to join the police force by funding her education, coaching classes, and preparation using his earnings from performing religious rituals. The couple lived together for 3 to 4 years after marriage. The wife successfully cleared the required exams and was appointed as a Sub-Inspector in the police department. However, shortly after joining the service (and completing training), her attitude reportedly changed. She began expressing discomfort with her husband's traditional appearance, lifestyle, and profession.   Key Details from the Wife's Divorce Petition (Filed in Bhopal Family Court)   - She cited social embarrassment and feeling uncomfortable in public when seen with her husband.   - Specific objections included:   - His traditional attire (dhoti-kurta).   - Keeping a shi...

FACTS AND BACKGROUND Marriage and Initial Breakdown The parties (wife: an M.Tech graduate with an LLB qualification; husband: a medical doctor) were married in 2009. Differences arose shortly after the marriage, leading to separation and matrimonial discord.  Proceedings in the Family Court (Initiated in 2011) In June 2011, the husband filed a petition under Section 13(1) (ia) of the HMA seeking dissolution of the marriage on the ground of mental cruelty inflicted by the wife. The wife contested the divorce petition and filed a counter-claim under Section 9 of the HMA for restitution of conjugal rights (i.e., requesting the court to direct the husband to resume cohabitation). She also appears to have invoked Section 25 of the HMA for maintenance/alimony, possibly as a defense or additional claim which allows additional relief in certain proceedings,but primarily tied to maintenance claims).  After trial, the Family Court:  Granted the decree of divorce in favor of the hus...

INTRODUCTION  In a significant ruling on marital discord and evidence evaluation, the Supreme Court of India has granted divorce to a couple married over two decades ago, while directing the husband to pay a one-time alimony of Rs 25 Lakh to his former wife. The case, which highlights issues of desertion, eviction claims, and overlooked evidence in lower courts, underscores the importance of thorough judicial scrutiny in family law matters. BACKGROUND OF THE CASE   The couple, whose identities remain undisclosed in public records to protect privacy, tied the knot on May 27, 1999. Shortly after their marriage, they relocated to Assam, where the husband secured employment. However, marital bliss was short-lived. According to court documents, the husband alleged that his wife deserted him in November 1999, abandoning the matrimonial home without justification. In contrast, the wife maintained that she was forcibly evicted from the residence by her husband, painting a picture of d...

INTRODUCTION  In the realm of matrimonial disputes in India, allegations of cruelty and dowry harassment under Section 498A of the Indian Penal Code (IPC) have become increasingly common, often leading to protracted legal battles. However, the judiciary has repeatedly emphasized the need for caution to prevent misuse of these provisions, which are intended to protect women but can sometimes be weaponized in personal vendettas.  This article delves into a specific case where the marriage between the petitioners (husband and wife) was solemnized on January 28, 2024, only to be followed by an FIR lodged on July 31, 2024, at Vimal Tal Police Station. The FIR accuses the husband, his parents-in-law, sister-in-law, her husband, and a cousin of acts of cruelty and dowry harassment. Ultimately, Court came to the conclusion that the allegations levelled against the accused person are not tenable and thus quashed the FIR.  BACKGROUND OF CASE The marriage, conducted under traditiona...

INTRODUCTION  In a significant ruling delivered on December 19, 2024, the Supreme Court of India dissolved a short-lived marriage on the grounds of irretrievable breakdown, invoking its plenary powers under Article 142 of the Constitution. The Court directed the husband to pay 12 Cr as permanent alimony to the wife, while strongly cautioning against the misuse of Section 498A of the Indian Penal Code (IPC).  Background and Facts of the Case The parties were married on July 31, 2021, in Pune according to Hindu rites. The husband, a US-based IT consultant, was previously married and had children from his first marriage, for which he had reportedly paid a substantial settlement. Disputes erupted almost immediately after the wedding, primarily stemming from issues related to the husband's obligations towards his children from the prior marriage, his ex-wife, and his ailing parents. The marriage barely lasted a few months, with no continuous cohabitation. Allegations of cruelty fle...

RECENTLY, KERALA HIGH COURT UPHELD AN ORDER OF THE FAMILY COURT BY WHICH A COMPENSATION OF 6000/- AND RS. 4500/- WAS FIXED TO BE PAID FOR DESTITUTE WIFE AND CHILD.  FACTS  WIFE FILED AN APPLICATION BEFORE FAMILY COURT FOR SEEKING MONTHLY COMPENSATION UNDER ORDER 125 CRPC. HOWEVER, HUSBAND OBJECTED THE SAME BY STATING WIFE IS WELL QUALIFIED AND THUS WAS NOT ENTITLED TO COMPENSATION.  THE FAMILY COURT STILL GRANTED MAINTENANCE IN FAVOR OF WIFE AND CHILD. THE SAID ORDER WAS CHALLENGED BY THE HUSBAND IN KERALA HIGH COURT, HOWEVER, THE SAID ORDER HAS BEEN UPHELD BASED UPON THE FOLLOWING OBSERVATIONS. OBSERVATIONS MERELY BECAUSE THE WIFE IS CAPABLE OF EARNING, SHE CANNOT BE SAID TO BE NOT ENTITLED TO MAINTENANCE UNDER PROVISIONS OF SEC 125 CRPC. IN OTHER WORDS, THE SAID PROVISION IS AN ENABLING PROVISION WHICH IS ENACTED FOR AID OF DESTITUTE WIFE, DEPENDANT CHILD AND PARENTS. ONLY WHEN ACTUAL EARNING IS MENTIONED, THEN ONLY IT CAN REFUSE THE GRANT OF COMPENSATION AND NOT MERELY...

In the light of Sec 125 CrPC Act, 1973, Gauhati High Court in a review petition against order of Family Court, recently observed that if the husband willfully neglects to provide maintenance to wife, she can approach the court of law. Brief facts   Both petitioner and respondent are married couple. However, it is alleged by wife that soon after marriage, the husband started torturing her both mentally and physically. He also used to demand money from wife. Thus, wife was compelled to leave the shared household and started living in her parent's home. Thereafter, she filed a case under Sec 125 CrPC for maintenance. Allowing the said petition, the Family Courts fixed a monthly allowance of Rs. 2200/-. However, aggrieved by the said order, the husband filed the review petition before the Gauhati High Court.  Observations of High Court   It was observed that based upon the findings of the trial court it is clear that the wife was subjected to abuse both mentally and physicall...

INTRODUCTION  Hello friends, today we shall take a glance over the concept of cruelty and cases filed thereof due to disputes arising between the married couples and their other family members. This section was introduced in IPC in the year 1983. The same was done as the women those days were subjected to cruelty more often then not by their husbands and in-laws, specifying the patriarchal system of the society. Another possible reason that for such dominance was that the women back then were not financial dependent as in modern times like of today, hence they had to live entirely on the mercy of their husband and which created situations that ultimately subjected them of cruelty.  Before moving ahead let us take a glance of the bare act of Sec 498A IPC,  Section 498A in The Indian Penal Code, 1860  498A. Husband or relative of husband of a woman subjecting her to cruelty.— Whoever, being the husband or the relative of the husband of a woman, subjects such woman to ...

Hello friends, today we will see how the stipulated period / cooling off period of 6 months can be waived off fighting a case for mutual divorce. Generally when parties come to an agreement that they shall be seeking divorce on mutual terms, the same is completed through court of law by filing two motions / petitions commonly termed as First Motion and Second Motion. Now, what is important here to note here is that there are certain conditions and only upon fulfilment of the same, these 2 motions be filed and the same is enumerated as hereunder:- Both husband and wife before filing a petition for mutual divorce i.e. First Motion are required to be living separately for atleast a period of 12 months. Living seperately here means that both the parties have not lived as husband and wife for the last 12 months. Even if both parties are residing under the same roof, it can be said that they have lived separately provided that they have not lived as husband & wife i.e. not cohabitated fo...

Hello friends, today we shall discuss the common grounds on which the parties  in marriage (registered under Hindu Marriage Act),  who are willing to part ways, can resort to. In settled judgement it is already said that institution of marriage requires tolerance, cooperation and sacrifice among both of them. However in current times, due to difference of opinions people tend to part ways with each other for a better and peaceful life.   Common Grounds for divorce Cruelty  Adultery Desertion  Unsoundness of mind  CRUELTY As per law no party can take advantage of the other. Most cases in India filed in courts are alleged to be arising from cruelty. Now what amounts to cruelty in one case may not amount to the same in the other. It depends upon set of circumstances varying from case to case. Thus no specific defination of the term cruelty can be made out. Although this defination covers both physical as well as mental cruelty. Cruelty is to be distinguished f...

 Hello friends today we shall talk about the procedure for registration of marriage in Delhi.   ELIGIBILITY The marriage must have been solemnized either under the Hindu Marriage Act or under the Special Marriage Act, The Groom must have attained the minimum age of 21 years. The bride must be of the age of 18 years at least.   DOCUMENTS REQUIRED Photo ID proofs of both the parties like Aadhar card / PAN card / Voter card Date of birth proofs of both parties like 10 th certificate, etc. Permanent address proof must be there . Marriage photographs and Invitation Card. Passport Size Photographs of both parties. 2 witness in case marriage registered under Hindu Marriage Act or 3 witnesses in case it is registered under the Special Marriage Act along with their respective proofs like PAN CARD/ AADHAR CARD etc. An affidavit from both parties certifying the date of their marriage and more specifically stating that the marriage has not been performed between pers...

Hello friends, as we have already discussed in our recent blog about the common grounds for divorce . Today in this article I will give you a brief overview about the procedural aspects of divorce. Section 498 A IPC (Indian Penal Code) The most amount of cases are generally filed under this provision. This is a provision which comes to the rescue of the wife who has been subjected to cruelty. The case is filed under this section only if the legally wedded wife is subjected to the act of cruelty either by his husband or any other relative of the husband. The definition of the term cruelty under this section and is said to include the following: Any wilful conduct leading the wife to such an extend that she might be thinking of commiting suicide or any grave injury causing danger to her womb, life, or any harassment whether mental or physical; It further includes any act causing harassment to the wife by forcing her to bring money personally or even pressurizing her to ask for money ...

      Today we will discuss on the procedure of how to obtain a divorce quickly without any hassles. The same is governed under Sec 13(B)(1) and 13(B)(2) of the Hindu Marriage Act. The said provisions as mentioned herein, can also be referred to being the first and second motion respectively in legal parlance. In ordinary sense, mere thinking of divorce is a cumbersome process. However, if there comes a point where each of the spouse considers amongst themselves that their marriage cannot sustain further and it has to come to an end, the best possible route is first come to a mutual consensus with intervention of the family members and relatives.  Thereafter, in case the parties come to an arrangement, best thing to do is to reduce the same into writing in order to bind the parties to their respective promises. Once that is done, the next step is to file a case in the court of your jurisdiction under Sec 13(B)(1) of the Hindu Marriage Act, also referred as the FIRST ...